State v. Lowry
| Decision Date | 10 July 1963 |
| Docket Number | No. 43506,43506 |
| Citation | 191 Kan. 701,383 P.2d 962 |
| Parties | STATE of Kansas, Appellee, v. Mildred E. LOWRY and Ray F. Lowry, Appellants. |
| Court | Kansas Supreme Court |
Syllabus by the Court
In order to be classed as a private school, any school in this state must at least meet the course of instruction requirements of G.S.1949, 72-1103, and the students must be taught by a competent instructor in the English language for the prescribed time as provided by G.S.1949, 72-4801.
Gale Moss, El Dorado, argued the cause, and was on the briefs for appellants.
Park McGee, Asst. Atty. Gen., argued the cause, and William M. Ferguson, Atty. Gen., was with him on the brief for appellee.
This was a prosecution in which the defendants (appellants), Mildred E. and Ray F. Lowry, were charged with the violation of the truancy statutes (G.S.1949, 72-4801, 4802 and -4803). Separate informations were filed against each defendant; however, by consent of the defendants the cases were consolidated, a jury was waived, and the cases as consolidated were tried to the court.
The defendants contended they were operating a private school and, therefore, were not subject to the penalty provisions of the truancy act (72-4802). The trial resulted in a conviction of each of the defendants and fines were imposed as provided by law
From an order overruling defendants' motion for a new trial, they appeal.
The determinative issue in this case is whether or not the defendants were conducting a private school as contemplated by the provisions of the statutes relating to compulsory school attendance. The case was tried on an agreed statement of facts and submitted to the trial court. The pertinent facts are as follows:
Both defendants reside in El Dorado. They are the parents of the children here concerned. Dr. Lowry is a practicing physician in El Dorado. Mrs. Lowry is the holder of a Kansas teacher's life certificate and had previously taught in the public schools of this state. In April 1962 the defendants became dissatisfied with the quality of instruction in the public schools in El Dorado. They commenced correspondence with various local and state officials to ascertain what arrangements could be made that would allow Mrs. Lowry to personally conduct the education of their four youngest children. In September the defendants failed to enroll their four children for classes in any regularly established public, private, denominational or parochial school.
On September 14 the superintendent of the El Dorado schools informed defendants they were violating the truancy act. The defendants responded they were operating a private school in which their children were enrolled, and were, therefore, complying with the compulsory attendance laws. This prosecution was then instituted.
The parties agreed the children were being instructed in a room converted to use as a schoolroom in the home of the defendants; that Mrs. Lowry instructed the children, following a 'schedule' that was submitted to the court as an exhibit; that the classes offered were in grades 3, 4, 6 and 7; that the only children attending the school were the Lowry children, one child being in each of the grades offered, and that the converted schoolroom was about 150 square feet and was furnished with schoolroom equipment. The defendants' 'schedule' of classes and courses of study submitted to the trial court shows that Mrs. Lowry taught Spanish, reading, music, arithmetic, spelling and language arts to the different grades at different times of the day. The pupils also engaged in formal exercise, flag salute and group activities.
After hearing the evidence and considering the exhibits submitted in the case, the trial court concluded defendants were not conducting a private school but were conducting a scheduled form of home training for their own children. The court also found the 'schedule' of instruction was insufficient to meet the requirements of the Kansas statute.
The question raised in this case is very important to the welfare of the people of Kansas and the school systems, private, parochial and public. There has been very little legislation in this area that has become topically important in today's society.
The defendants in this case were prosecuted under the truancy act (G.S.1949, 72-4801) which provides in pertinent part:
'That every parent * * * 'having control over or charge of any child who has reached the age of seven years and is under the age of sixteen years, shall require such child to attend continuously a public school or a private, denominational or parochial school taught by a competent instructor, in which all instruction shall be given in the English language only, each school year, for such period as the public school of the district...
To continue reading
Request your trial
-
People v. Bennett
...Clonlara, Inc. v. Runkel, supra (accepting without argument the legality of home schools in general). But see State v. Lowry, 191 Kan. 701, 383 P.2d 962 (1963) (inferring home schools are no longer a valid alternative to public school attendance).47 For the text of the compulsory education ......
-
People v. DeJonge
...a child from compulsory attendance where the child attends a "private, denominational or parochial school." 38 In State v. Lowry, 191 Kan. 701, 383 P.2d 962 (1963), the Kansas Supreme Court held that a home school is not the equivalent of a private, denominational, or parochial school. The ......
-
People v. Bennett
...Clonlara, Inc. v. Runkel, supra (accepting without argument the legality of home schools in general). But see State v. Lowry, 191 Kan. 701, 383 P.2d 962 (1963) (inferring home schools are no longer a valid alternative to public school attendance).47 For the text of the compulsory education ......
-
Delconte v. State, 9PA84
...197 Kan. 567, 419 P.2d 896 (1966), cert. denied and appeal dismissed, 389 U.S. 51, 88 S.Ct. 236, 19 L.Ed.2d 50 (1967); State v. Lowry, 191 Kan. 701, 383 P.2d 962 (1963). On the other hand, Illinois and Indiana, have held that home instruction constitutes a "private school" as that term is u......
-
Home Schooling in Kansas Friend or Foe
...home schools but rather to increase the quality of all non-public schools. In re Sawyer, 234 Kan. 436, 672 P.2d 1093, 1096 (1983). [FN79]. 191 Kan. 701, 383 P.2d 962 (1963). [FN80]. Id. at 964. [FN81]. The 1919 Legislature after the Will decision adopted minimum required courses of instruct......