Is it illegal for a school to make kids perform service learning, in the form of community service, as a

Full question:

Is it illegal for a school to make kids perform service learning, in the form of community service, as a requirement to graduate? This is not a voluntary situation, the school requires students to perform community service in order to graduate.

  • Category: U.S. Constitution
  • Subcategory: Thirteenth Amendment
  • Date:
  • State: Colorado

Answer:

There are many articles discussing this issue and we found a few Court Opinions online that address the issue. The two we found hold that it is not a violation of the U.S. Constitution for a school to require community service as a condition of graduation.

The second opinion referenced below was decided in 2015.  There could be other Court opinions that address the issue that we did not locate. We also did not locate a U.S. Supreme Court opinion that addressed the issue.  If there is one, we did not find it. 

There are articles and law journal articles that argue this should be illegal and there are others that argue it should not be declared illegal. However, until there is a definitive decision or enactment by legislatures, it appears to be legal in most circumstances.

References:

http://www.illinoiscourts.gov/opinions/AppellateCourt/2015/4thDistrict/4141111.pdf
https://casetext.com/case/herndon-v-chapel-hill-carrboro-city-board

 

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Mandatory community service can be seen as forced labor, which may violate individual rights. Critics argue it can diminish the value of genuine volunteerism, as students may view it as a chore rather than a meaningful contribution. Additionally, it may disproportionately affect students who have fewer resources or time to fulfill these requirements, potentially leading to stress and inequity.