State v. Thacker

Eric and Gail Thacker sought to homeschool their children but did not obtain state recognition of their homeschool until October 2011. The Thackers did not enroll their five children in any legally recognized school before then. The county court convicted Eric and Gail individually of five misdemeanor counts for violating Nebraska's compulsory education statute. The district court reversed, contending that Neb. Rev. Stat. 79-201 required the Thackers to ensure that their children attended a legally recognized school every day of that school's calendar year until their request to operate a homeschool became effective. The Supreme Court overruled the State's exceptions, holding that section 79-201 did not criminalize the Thackers' failure to enroll their children in a legally recognized school pending the State's recognition of their homeschool. Remanded with instructions for the county court to vacate the convictions and sentences. View "State v. Thacker" on Justia Law