ExpatParent
Junior Member
What is the name of your state (only U.S. law)? Florida
All children living in America (citizen or not) have a right to a public education. That is established law.
I am a US citizen living abroad. My minor child is also a US citizen living abroad. My legal residence is in the USA. Several states, including the one of which I am a citizen, offer virtual classrooms (remote learning) in lieu of commuting to a physical school.
Even though we are not "living in the United States", as a legal resident and natural born citizen of the United States, I see it as my child's right to attend the virtual public school. The only difference from our perspective is that my minor child is sitting at a computer abroad rather than sitting at a computer within USA/state borders. From the school's perspective, there is no difference whatsoever. No additional resources are required to provide the same virtual education to my minor child living abroad than if my child were physically within the borders of the USA/state.
Both the federal and state government can tax me. Both are compelled to provide an education to illegals (for example) with my tax dollars. But what is the law regarding my child's right to receive a public education via virtual classroom delivery when living abroad?
So far, my child is enrolled and attending without any problems. My child is, in fact, the top student in the class. My worry is that someday, some miserable administrator is going to check our IP address and tell me my child can no longer participate. At which point I will be absolutely livid. I would like to be prepared with the law (cases, legal opinions, etc.) if/when that happens.
Please post any helpful information as I am struggling to find same on my own. Thank you!!!
Edit: If this case were tried, I would argue equal protection and cite things like military families' children who specifically can attend from abroad. There is plenty of favorable precedent where a plaintiff asserts that the law, as written "living within the USA" creates a "separate and unequal" and another class of citizen situation.
Edit: I think the relevant legal question is: "Does the US Constitution stop at the border?" Taxation does not. Various other protections do not. The SCOTUS decisions I've encountered thus far are wishy-washy at best. Clearly, my situation is one where the law "living within the United States" lags technology (remote learning).
P.S.: I reached out to the ACLU. The receptionist(?), without provocation, dismissed my inquiry with "You need a private lawyer." and then rudely hung up the phone on me.
...and yes I know I can hide my IP address by using a VPN. That is beside the point, though. When on camera, it is clear that natural sunlight is not coming in through the windows. So, any observant teacher is going to figure it out, eventually.
All children living in America (citizen or not) have a right to a public education. That is established law.
I am a US citizen living abroad. My minor child is also a US citizen living abroad. My legal residence is in the USA. Several states, including the one of which I am a citizen, offer virtual classrooms (remote learning) in lieu of commuting to a physical school.
Even though we are not "living in the United States", as a legal resident and natural born citizen of the United States, I see it as my child's right to attend the virtual public school. The only difference from our perspective is that my minor child is sitting at a computer abroad rather than sitting at a computer within USA/state borders. From the school's perspective, there is no difference whatsoever. No additional resources are required to provide the same virtual education to my minor child living abroad than if my child were physically within the borders of the USA/state.
Both the federal and state government can tax me. Both are compelled to provide an education to illegals (for example) with my tax dollars. But what is the law regarding my child's right to receive a public education via virtual classroom delivery when living abroad?
So far, my child is enrolled and attending without any problems. My child is, in fact, the top student in the class. My worry is that someday, some miserable administrator is going to check our IP address and tell me my child can no longer participate. At which point I will be absolutely livid. I would like to be prepared with the law (cases, legal opinions, etc.) if/when that happens.
Please post any helpful information as I am struggling to find same on my own. Thank you!!!
Edit: If this case were tried, I would argue equal protection and cite things like military families' children who specifically can attend from abroad. There is plenty of favorable precedent where a plaintiff asserts that the law, as written "living within the USA" creates a "separate and unequal" and another class of citizen situation.
Edit: I think the relevant legal question is: "Does the US Constitution stop at the border?" Taxation does not. Various other protections do not. The SCOTUS decisions I've encountered thus far are wishy-washy at best. Clearly, my situation is one where the law "living within the United States" lags technology (remote learning).
P.S.: I reached out to the ACLU. The receptionist(?), without provocation, dismissed my inquiry with "You need a private lawyer." and then rudely hung up the phone on me.
...and yes I know I can hide my IP address by using a VPN. That is beside the point, though. When on camera, it is clear that natural sunlight is not coming in through the windows. So, any observant teacher is going to figure it out, eventually.
Last edited:
