The parents of several home-schooled children sued a school district after it filed truancy complaints against them. The district argued that it had a right to investigate truancy claims and request information from home-schooled children regarding their curriculum.

The evidence presented to the court showed that the nine children were taught out of empty space in a motorcycle dealership. The owner of the dealership testified that he never observed the children pursuing traditional schoolwork, such as reading books or doing math, nor did he observe any computers or other school equipment. He also said he overheard one of the children tell a cousin that they did not need to do schoolwork because they were going to be raptured.

After receiving an anonymous complaint that the children were not being educated, the district’s attendance officer met with the family. At the meeting, it was revealed that the oldest child had run away from home so that she could attend school. When she enrolled at school, she was unable to provide any information regarding her level of education or the curriculum provided as part of her home-school education. The parents also refused to provide this information to the district. The parents were initially cited for truancy, but the charges were ultimately dismissed.

The Court of Appeals held that parents of home-schooled children do not have a fundamental right to be free of state supervision or regulation concerning their children’s education. In doing so, the court stated that only home-school environments in which children are taught in a "bona fide manner from a curriculum designed to meet basic education goals” meet the requirements necessary for exemption from the compulsory attendance law that requires children to attend school. Therefore, the district acted lawfully when it investigated a complaint that the children were not being educated.

El Paso ISD v. McIntyre