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Constitution of North Carolina

ARTICLE IX Education

Sec. 3. School attendance.

The General Assembly shall provide that every child of appropriate age and of sufficient mental and physical ability shall attend the public schools, unless educated by other means.

History Note. - The provisions of this section are similar to those of Art. IX, § 11, Const. 1868, as amended in 1942.


Legal Periodicals. - For comment on state regulation of private religious schools, see 16 Wake Forest L. Rev. 405 (1980).
For note, "Delconte v. State: Some Thoughts on Home Education," see 64 N.C.L. Rev. 1302 (1986).
For comment, "The Latest Home Education Challenge: The Relationship Between Home Schools and Public Schools," see 74 N.C.L. Rev. 1913 (1996).



CASE NOTES

Right to Education. - The Constitution of North Carolina treats education as the right of every child of "sufficient physical and mental ability." Givens v. Poe, 346 F. Supp. 202 (W.D.N.C. 1972).


"Educated by other means". - The North Carolina Constitution requires the General Assembly to permit children of this State to be "educated by other means" than in the public schools. Delconte v. State, 313 N.C. 384, 329 S.E.2d 636 (1985).

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