Full opinion text
MEMORANDUM-DECISION AND ORDER MUNSON, Chief Judge. This is an action commenced under 42 U.S.C. § 1983 that presents a variety of constitutional challenges to a New York statute governing the minimum standard of instruction that must be provided to minors between the ages of six and sixteen who are taught outside of the public schools of the cities and districts of the state. This case involves the practice of “homeschooling,” or the instruction of children at home by their parents or other private instructors. Plaintiffs are homeschooling parents and children who for religious reasons have chosen this alternative form of education in lieu of public education. Defendants are the State of New York and the three superintendents of schools for the districts in which the various plaintiffs reside. The challenged statute, § 3204 of New York’s Education Law, mandates that the educational services provided to a minor “elsewhere than at a public school shall be at least substantially equivalent to the instruction given to minors of like age and attainments at the public schools of the city or district where the minor resides,” and that such services must be provided by “competent” instructors. N.Y.Educ.Law § 3204(2) (McKinney 1981 & Supp.1988). Plaintiffs argue that § 3204 is unconstitutionally vague, violates both the establishment and free exercise clauses of the first amendment, offends due process, and is enforced through on-site visits by public school authorities which violate the right to privacy guaranteed by the fourth and fourteenth amendments. Plaintiffs seek injunctive and declaratory relief. Before the court are cross-motions for summary judgment. I. BACKGROUND The following facts are deemed undisputed. Plaintiffs Randy and Alice Blackwelder are the parents of two school age children, plaintiffs Carmon and Katherine Blackwelder. The Blackwelders reside within the jurisdictional boundaries of the Cato-Meridian Central School District (“Cato-Meridian District”). The Cato-Meridian District requires the conditional approval of all proposed alternative educational programs, including homeschooling programs, prior to the commencement of the academic year for which approval is sought. To obtain such conditional approval, a family wishing to educate their children at home must submit a proposed calendar, curriculum, list of textbooks, syllabus and standardized testing schedule (if appropriate) for review by a representative of the school district. That representative must also be apprised of the credentials and life and occupational experiences of the instructor or instructors who are to conduct the homeschooling program. Final approval of a homeschooling program in the Cato-Meridian District is contingent upon the results of a scheduled visit to the home where the alternative instruction is to be given by a team of representatives of the local Board of Cooperative Educational Services. Ordinarily, one or two scheduled on-site inspections are conducted during the school year. The Blackwelders have indicated that they wish to educate their children at home for religious reasons, but refuse to permit on-site visits, and indeed contend that the state does not have “jurisdiction” over their children’s education. Plaintiffs Stephen and Debora Standish reside within the jurisdictional limits of the City School District of Oswego (“Oswego District”). Because of their religious beliefs, the Standishes wish to educate their child, plaintiff Aaron Standish, in their home. The Oswego District’s procedures for giving alternative education programs conditional and permanent approval parallel those of the Cato-Meridian District. On-site inspections are to be conducted by a school district representative or a mutually acceptable third party before final approval of a homeschooling program can be obtained. The Standishes do not recognize the jurisdiction of the Oswego District or the state to regulate their child’s educational program, and have refused to cooperate with school district officials in order to gain approval for their homeschooling program. Plaintiffs George and Hilda Lonneville similarly wish to have their children, plaintiffs Amy and Jacqueline Lonneville, educated in a homeschooling program. Like the other plaintiffs in this action, they are motivated by religious concerns, and do not recognize the state’s right to approve or disapprove of the educational choices they make for their children. The Lonnevilles reside in the Waterloo Central School District (“Waterloo District”), which follows procedures comparable to those of the other school districts involved in this litigation in determining whether homeschooling programs should be given conditional and final approval. The Lonnevilles have not submitted standardized test scores to district officials nor permitted on-site visits by representatives of the Waterloo District. On October 31, 1986 the original complaint was filed in this action. The named plaintiffs were the Blackwelders and the members two other families who have since dropped out of this case. The named defendants were Henry Safnauer, the Superintendent of the Cato-Meridian District, and two other district superintendents who were also dropped from this litigation after it began. On February 6, 1987, a motion for leave to file an amended complaint was granted. The Standishes and the Lonnevilles were added as party plaintiffs, and Edward Gamo and Michael Hunsinger, Superintendents of the Oswego and Waterloo Districts, respectively, were added as defendants. On February 23, 1987, a motion by the State of New York for leave to intervene as a defendant in this action was granted. Subsequent to the commencement of this action, educational neglect proceedings were commenced against the Blackwelders and the Standishes in the Family Court for the State of New York, Cayuga County and Oswego County, respectively. The same constitutional issues presented in this action have been raised in those state court proceedings. By order dated April 27, 1988, Judge Corning of the Cayuga County Family Court dismissed the educational neglect petition brought against the Blackwelders, finding that the Blackwelder children were receiving an education “substantially equivalent” to that offered in the public schools. In re Sarah B., 528 N.Y.S.2d 759 (Fam.Ct.1988). The Family Court proceedings against the Standishes are still pending. Defendants urge this court to abstain from deciding the issues raised here, or in the alternative to grant summary judgment on the merits of plaintiffs’ constitutional claims and to dismiss the amended complaint in its entirety. Plaintiffs cross-move for summary judgment on their claims, save for their claim under the free exercise clause of the first amendment. II. DISCUSSION A. Abstention As a preliminary matter, it must be determined whether the pendency of the Family Court proceeding against the Standishes requires the court to refrain from exercising jurisdiction over any or all of the claims raised in this case under the doctrine of abstention. The abstention “doctrine” — in reality a series of equitable doctrines inspired by concerns of comity and federalism — constitutes “an extraordinary and narrow exception to the duty of a [district [cjourt to adjudicate a controversy properly before it.” County of Allegheny v. Frank Mashuda Co., 360 U.S. 185, 188-89, 79 S.Ct. 1060, 1063, 3 L.Ed.2d 1163 (1959). The various categories of abstention “are not watertight,” Law Enforcement Ins. Co., Ltd. v. Corcoran, 807 F.2d 38, 40 (2d Cir.1986), cert. denied, - U.S. -, 107 S.Ct. 1896, 95 L.Ed.2d 503 (1987), nor are they “rigid pigeonholes into which federal courts must try to fit cases. Rather, they reflect a complex of considerations designed to soften the tensions inherent in a system that contemplates parallel judicial processes.” Pennzoil Co. v. Texaco, Inc., 481 U.S. 1, 107 S.Ct. 1519, 1526 n. 9, 95 L.Ed.2d 1 (1987). The court must balance these factors “in a pragmatic, flexible manner with a view to the realities of the case at hand.” Moses H. Cone Memorial Hospital v. Mercury Construction Corp., 460 U.S. 1, 21, 103 S.Ct. 927, 940, 74 L.Ed.2d 765 (1983). That abstention from the exercise of a federal court’s jurisdiction remains “the exception, not the rule” is a fundamental truism that must always be kept in mind when determining whether the doctrine is applicable under a particular set of facts. See Colorado River Water Conservation District v. United States, 424 U.S. 800, 813, 96 S.Ct. 1236, 1244, 47 L.Ed.2d 483 (1976). Despite the heavy presumption favoring the exercise of this court’s jurisdiction, there are certain matters that so closely implicate the core sovereign concerns of the states that a federal court must abstain from deciding even serious constitutional questions if the exercise of federal jurisdiction would greatly interfere with those sovereign interests. Defendants urge that child neglect proceedings affect interests of such import to the states that abstention under the principles of federalism explicated in Younger v. Harris, 401 U.S. 37, 91 S.Ct. 746, 27 L.Ed.2d 669 (1971), is mandated. With respect to the claims of the Standishes, the court agrees that abstention is mandated by Younger and its progeny. With respect to the claims of the remaining parties, however, the court finds abstention inappropriate. In Younger, the Supreme Court held that a federal court cannot, absent exceptional circumstances, enjoin a pending state criminal prosecution. Id. at 53, 91 S.Ct. at 755. At least two basic policy considerations have come to be associated with the Younger doctrine. First, there is “the basic doctrine of equity jurisprudence that courts of equity should not act, and particularly should not act to restrain a criminal prosecution, when the moving party has an adequate remedy at law and will not suffer irreparable injury if denied equitable relief.” Id. at 43-44, 91 S.Ct. at 750. This principle is equally applicable when declaratory relief rather than injunctive relief has been sought from a federal court while a parallel state court criminal proceeding is pending, since “ordinarily a declaratory judgment will result in precisely the same interference with and disruption of state proceedings that the longstanding policy limiting injunctions was designed to avoid.” Samuels v. Mackell, 401 U.S. 66, 72, 91 S.Ct. 764, 767, 27 L.Ed.2d 688 (1971). The Younger Court also discussed “an even more vital” reason to refrain from interfering with an ongoing state criminal proceeding: [The Court’s decision] is reinforced by ... the notion of “comity,” that is, a proper respect for state functions, a recognition of the fact that the entire country is made up of a Union of separate state governments, and a continuance of the belief that the National Government will fare best if the States and their institutions are left free to perform their separate functions in their separate ways.... The concept does not mean blind deference to “States’ Rights” any more than it means centralization of control over every important issue in our National Government and its courts. The Framers rejected both these courses. What the concept does represent is a system in which there is sensitivity to the legitimate interests of both State and National Governments, and in which the National Government, anxious though it may be to vindicate and protect federal rights and federal interests, always endeavors to do so in ways that will not unduly interfere with the legitimate activities of the States. 401 U.S. at 44, 91 S.Ct. at 750. These comity and federalism concerns, of course, are at the heart of the Younger doctrine, and have been the justification for the extension of the doctrine to cases in which non-criminal state proceedings might be disrupted by an adjudication in a federal court. Thus, the principles underlying Younger have been found equally relevant when determination of a claim brought in federal court would disrupt ongoing civil proceedings conducted by state tribunals when those proceedings implicate important state interests. The general rule remains, however, that separate in personam actions involving identical parties may proceed concurrently in federal and state court. McClellan v. Carland, 217 U.S. 268, 30 S.Ct. 501, 54 L.Ed. 762 (1910). Before the Younger doctrine comes into play, at least three conditions must be present: an “important,” “substantial,” or “vital” state interest must be at stake in the state proceeding, the state proceeding must afford the parties involved in the concurrent federal litigation an adequate opportunity to raise their federal claims, and there must be an “on-going” state proceeding with which a federal court decree would interfere. Middlesex Ethics Committee, 457 U.S. at 432, 102 S.Ct. at 2521; Moore v. Sims, 442 U.S. 415, 423-25, 99 S.Ct. 2371, 2377-78, 60 L.Ed.2d 994 (1979). All three prerequisites are present in the case at bar. The requirement that a substantial state interest be implicated before Younger abstention is invoked directly reflects the comity and federalism concerns that are the doctrine’s basic justification. Particularly relevant in this regard to the case at bar is Moore v. Sims, 442 U.S. 415, 99 S.Ct. 2371, where the Supreme Court found that on-going child abuse proceedings in which the state was a party were proceedings “ ‘in aid of and closely related to criminal statutes,’ ” id. at 423, 99 S.Ct. at 2377 (quoting Huffman v. Pursue, Ltd., 420 U.S. 592, 604, 95 S.Ct. 1200, 1208, 43 L.Ed.2d 482 (1975)), and thus a constitutional challenge to a state’s practice of removing suspected child abuse victims from parental custody without notice pending the hearing on the abuse charge could not be entertained in light of Younger. Though the educational neglect proceeding involving the Standishes does not involve the state’s compelling interest in preventing the continued physical abuse of a child, it nonetheless is not so far removed from the type of proceedings involved in Moore that that case should not be deemed controlling. In Moore, the Supreme Court noted that “[fjamily relations are a traditional area of state concern.” 442 U.S. at 435; see also DeSpain v. Johnston, 731 F.2d 1171, 1179 (5th Cir.1984) (child abuse proceeding); Williams v. Williams, 532 F.2d 120 (8th Cir.1976) (adoption proceeding). Indeed, the rights and duties of parents and children have long been considered matters of chiefly local concern that implicate fundamentally important state interests. See, e.g., Prince v. Massachusetts, 321 U.S. 158, 64 S.Ct. 438, 88 L.Ed. 645 (1944); Williams, 532 F.2d at 122. It seems clear that the neglect proceedings involving the Standishes affect vital and significant state interests. The requirement that the parties must be able to assert their federal claims in the state proceeding gives force to the equity principles which were an important part of the development of the Younger doctrine. The availability of an adequate remedy at law makes the exercise of equitable jurisdiction less advisable. In the present case, the same constitutional arguments that are raised here can be asserted by the Standishes in the Family Court proceeding in which they are involved. Finally, for the Younger doctrine to apply in this case, there must be an “on-going state proceeding” with which a federal court adjudication of plaintiffs’ claims for injunctive and declaratory relief would interfere. As one court observed, “[tjiming is crucial to the applicability of Younger.” DeSpain, 731 F.2d at 1177. When a state proceeding is pending at the time a federal complaint is filed, that proceeding is clearly an “ongoing state proceeding” within the meaning of Younger. The Younger doctrine has not been limited, however, to eases in which state proceedings predate the federal action. In Hicks v. Miranda, 422 U.S. 332, 95 S.Ct. 2281, 45 L.Ed.2d 223 (1975), the Supreme Court held that where state proceedings are commenced against the plaintiffs in a federal action after the filing of the federal complaint “but before any proceedings of substance on the merits have taken place in the federal court,” the Younger principles “should apply in full force.” Id. at 349, 95 S.Ct. at 2292. Whether “proceedings of substance on the merits” occurred in this case prior to the institution of the Family Court actions is a close question. It is clear that a denial of a temporary restraining order by the federal court prior to the commencement of a state action does not sufficiently advance the federal lawsuit that abstention under Younger is unwarranted, for that was the procedural posture of the Hicks case. On the other hand, the issuance of a preliminary injunction by the federal court before state proceedings are begun does amount to “proceedings of substance on the merits,” foreclosing the application of Younger. Hawaii Housing Authority v. Midkiff, 467 U.S. 229, 238, 104 S.Ct. 2321, 2328, 81 L.Ed.2d 186 (1984); Doran v. Salem Inn, Inc., 422 U.S. 922, 929-31, 95 S.Ct. 2561, 2566-68, 45 L.Ed.2d 648 (1975). There is authority to the effect that the denial of preliminary injunctive relief, at least after an extended evidentiary hearing, constitutes “proceedings of substance on the merits” within the meaning of Hicks. Adultworld Bookstore v. City of Fresno, 758 F.2d 1348, 1350-51 (9th Cir.1985); Red Bluff Drive-In, Inc. v. Vance, 648 F.2d 1020, 1033 (5th Cir.1981), cert. denied, 455 U.S. 913, 102 S.Ct. 1264, 71 L.Ed.2d 453 (1982). In the instant case, the court granted a motion by plaintiffs for leave to file an amended complaint and granted a motion by the State of New York to intervene before state educational neglect proceedings were commenced. These motions did not substantially involve the court in the merits of the underlying constitutional issues raised here, and the court finds that they are not the sort of proceedings contemplated by Hicks. Though it is true that the complaint in this action was filed months before the commencement of the neglect proceedings, it is equally true that plaintiffs, largely because of various procedural snafus, see supra note 2, were unable to present the merits of their case to the court prior to the institution of state proceedings. Therefore, the court finds that the requirement that there be an “ongoing state proceeding” before Younger abstention is invoked has been satisfied under the facts of this case. Having found that the three conditions discussed above are present, the court must abstain from hearing the claims of the Standishes, at least, unless one of the limited exceptions to Younger are applicable. DeSpain, 731 F.2d at 1180. A federal court should not abstain under Younger when the state proceeding was brought in bad faith or as a means to harass the federal plaintiffs, or when other “extraordinary circumstances” necessitate federal judicial intervention. Plaintiffs allege that the Family Court proceedings initiated against the Blackwelders and Standishes were instituted at the insistence of the attorneys for the defendant superintendents in retaliation for bringing this lawsuit. The neglect proceedings brought against the Blackwelders and the Standish-es, however, were initiated by the local districts of New York’s Department of Social Services for Cayuga County and Oswego County, respectively, and not the defendant superintendents or their representatives. Indeed, school superintendents are not empowered to unilaterally originate such neglect proceedings. Even if the court were to find that the defendant superintendents were impelled by evil motives in notifying the Department of Social Services that the plaintiff children were not enrolled in an approved alternative education program, a conclusion not supported by the record, the court would be unable to find that the neglect proceedings themselves were instituted in bad faith, since there is no reason to believe that the local social services agencies involved had any interest in punishing plaintiffs for bringing this lawsuit in federal court. Nor are other “extraordinary circumstances” justifying federal judicial intervention present in this case. Plaintiffs do not challenge a statute that is so “ ‘flagrantly and patently violative of express constitutional prohibitions in every clause, sentence and paragraph,’ ” Younger, 401 U.S. at 53, 91 S.Ct. at 755 (quoting Watson v. Buck, 313 U.S. 387, 402, 61 S.Ct. 962, 967, 85 L.Ed. 1416 (1941)), that immediate relief must be afforded by a federal court, and no other reason for not abstaining has been suggested by plaintiffs. In light of the foregoing, the court concludes that the Younger doctrine compels it to refrain from deciding the claims made by the Standishes, and consequently their claims against defendant Gar-no are dismissed. See Gibson v. Berryhill, 411 U.S. 564, 577, 93 S.Ct. 1689, 1697, 36 L.Ed.2d 488 (1973). More problematical is the application of Younger to the claims of the other families involved in this lawsuit. Neglect proceedings are not pending against either of these families. As a general proposition, abstention is mandated under Younger only when the federal plaintiff is actually a party to the state proceeding; the doctrine does not bar non-parties from raising constitutional claims in federal court, even if the same claims are being addressed in a concurrent state proceeding involving similarly situated parties. Doran v. Salem Inn, Inc., 422 U.S. 922, 928-29, 95 S.Ct. 2561, 2566, 45 L.Ed.2d 648 (1975); cf. Steffel v. Thompson, 415 U.S. 452, 94 S.Ct. 1209, 39 L.Ed.2d 505 (1974). An exception to this rule comes into play when “legally distinct parties are so closely related that they should all be subject to the Younger considerations which govern any one of them.” Doran, 422 U.S. at 928, 95 S.Ct. at 2566. When the interests of a federal plaintiff and a party involved in a pending state proceeding are so “intertwined” that the federal plaintiff can vindicate his rights in the pending state proceeding, those parties may be treated as one in applying Younger principles. Such a close relationship between the parties does not exist here, even though plaintiffs are represented by the same attorney, hold similar religious beliefs, and resist state interference with the home instruction of their children for similar reasons. The individual rights of the Blackwelders and Lonnevilles have not merged legally with those of the Standishes; members of the former two families cannot intervene in the pending Family Court proceeding involving the Standishes in order to have their constitutional claims heard, and thus the Younger doctrine does not bar this court from entertaining those claims. The claims of the remaining plaintiffs are not barred by the policy considerations underlying Railroad Comm’n of Texas v. Pullman, 312 U.S. 496, 61 S.Ct. 643, 85 L.Ed. 971 (1941). The Pullman abstention doctrine requires a federal court to stay a federal action raising a substantial federal constitutional issue when a state court’s interpretation of an unclear state law could render resolution of the constitutional question unnecessary. Hawaii Housing Authority v. Midkiff 467 U.S. 229, 236, 104 S.Ct. 2321, 2327, 81 L.Ed.2d 186 (1984). In such cases, delaying decision might “avoid both unnecessary adjudication of federal questions and ‘needless friction with state policies.’ ” Id. (quoting Pullman, 312 U.S. at 500, 61 S.Ct. at 645). The Second Circuit has identified “three essential conditions” which must be present before Pullman abstention is properly invoked: (1) the state law that is the subject of a constitutional challenge must be ambiguous or uncertain; (2) resolution of the federal issues raised must depend on the construction given the state law at issue; and (3) the state law must be “susceptible of an interpretation that would avoid or modify the federal constitutional issue.” McRedmond v. Wilson, 533 F.2d 757, 761 (2d Cir.1976); see also West v. Village of Morrisville, 728 F.2d 130, 133-34 (2d Cir.1984). The provision of New York’s Education Law that is challenged in this litigation has been the subject of considerable case law in New York’s state courts, and is part of a well-developed system of assessing alternative educational programs. See text, infra at 121-25. Interpretation of the requirements of § 3204 of the Education Law by the courts of the State of New York has been basically consistent. In addition, the portions of subdivision 2 of § 3204 that are challenged here have remained unchanged since the statute’s enactment in 1947, see 1947 N.Y. Laws ch. 820, § 3204; see also People v. Turner, 277 A.D. 317, 98 N.Y.S.2d 886 (4th Dept.1950), and are derived from New York’s compulsory education act of 1894. See 1894 N.Y. Laws ch. 671; see also In re Falk, 110 Misc.2d 104, 107, 441 N.Y.S.2d 785, 788 (Fam.Ct.1981). Abstention seems particularly inappropriate when a constitutional challenge is made to a statute that has “been on the books” for such a substantial period, has not become dormant through lack of enforcement, and has been the subject of a number of largely consistent state court decisions. Sherr v. Northport-East Northport Union Free School District, 672 F.Supp. 81 (E.D.N.Y.1987). Under such circumstances, the state law implicated by the constitutional challenge cannot be fairly deemed “unsettled.” Further, though the highest court in the state system, the New York Court of Appeals, has not spoken on the proper construction to be given § 3204(2) nor addressed the issues plaintiffs raise here, it does not appear likely that the constitutional questions raised in this action would be avoided or modified by a construction given § 3204(2) that differs from that prevailing among New York’s lower courts, with the possible exception of the vagueness challenge to the statute, discussed infra at 121-28. On this basis, the court concludes that the Pullman abstention doctrine does not provide justification for avoidance of the issues raised made by the Blackwelders and Lonnevilles. Though none of the recognized categories of abstention apply to the claims of the remaining families, the Supreme Court has indicated that under “exceptional circumstances” a federal district court may, in deference to ongoing parallel state proceedings, decline to exercise jurisdiction over federal claims otherwise properly before it if necessary to further the interest of “ ‘[w]ise judicial administration, giving regard to conservation of judicial resources and comprehensive disposition of litigation.’ ” Colorado River Water Conserv. Disk v. United States, 424 U.S. 800, 817, 96 S.Ct. 1236, 1246, 47 L.Ed.2d 483 (1976) (quoting Kerotest Mfg. Co. v. C-O-Two Fire Equipment Co., 342 U.S. 180, 183, 72 S.Ct. 219, 221, 96 L.Ed.2d 200 (1952)). Colorado River establishes a discretionary power in the district courts which must be exercised with certain specified considerations in mind. Among those considerations, as recently summarized by the Second Circuit, are: the assumption by either the state or federal court of jurisdiction over any res or property, the inconvenience of the federal forum, the avoidance of piecemeal litigation, the order in which jurisdiction was obtained, whether federal or state law provides the rule of decision, and whether the state court proceeding will adequately protect the rights of the party seeking to avail itself of federal court jurisdiction. American Disposal Services, Inc. v. O’Brien, 839 F.2d 84, 87 (2d Cir.1988) (citing Moses H. Cone Memorial Hospital v. Mercury Constr. Corp., 460 U.S. 1, 15-16, 23-27, 103 S.Ct. 927, 937, 941-43, 74 L.Ed.2d 765 (1983)); see also Bethlehem Contracting Co. v. Lehrer/McGovem, Inc., 800 F.2d 325, 327 (2d Cir.1986). These factors are to be considered by this court “with the balance heavily weighted in favor of the exercise of jurisdiction.” Moses H. Cone, 460 U.S. at 16, 103 S.Ct. at 937. The court concludes that dismissal under Colorado River is inappropriate in the case at bar. There is no property or res involved in this litigation, and thus the exercise of this court’s jurisdiction would not tend to impede or embarrass a state court in its handling of a case in which it has already asserted control over the tangible subject matter of a dispute. See Law Enforcement Ins. Co., Ltd. v. Corcoran, 807 F.2d 38, 41-42 (2d Cir.1986), cert. denied, — U.S. -, 107 S.Ct. 1896, 95 L.Ed.2d 503 (1987). There is no indication that the federal forum is any more or less convenient for the parties involved in this action than the Family Court. Since the Blackwelders and Lonnevilles are not parties to the state court proceedings, they are not bound by any determinations made there, and thus addressing the merits of their claims here will not create “piecemeal litigation” that could otherwise be avoided. Federal law provides the rule of decision in this case. Since they do not have standing to advance their position in the Family Court proceedings involving the Standish-es, it cannot be said that those proceedings will adequately protect the rights of the non-party families. Therefore, the court must reach the merits of the issues raised in this lawsuit. B. Vagueness Plaintiffs maintain that New York’s compulsory education law, at least as applied to those who desire to educate their children at home because of religious concerns, is impermissibly vague. They argue that New York’s requirement that minors taught outside the public school system must receive instruction from a “competent” teacher that is at least “substantially equivalent” to that provided students in public schools fails to provide sufficiently concrete standards of conduct for those who wish to educate their children at home. Further, plaintiffs contend that the manner in which the state evaluates homeschooling programs gives the superintendents of the numerous local school districts throughout the state unbridled discretion in determining whether a particular program provides the statutorily required level of instruction. Whether the language of § 3204 of the Education Law is sufficiently definite to pass scrutiny under the due process clause of the Constitution cannot be determined in a vacuum; the requirements of New York’s compulsory education laws must be assessed as a whole, extending full consideration to regulatory refinements and any limiting construction given by an appropriate enforcement agency or state court. Village of Hoffman Estates v. The Flipside, Hoffman Estates, Inc., 455 U.S. 489, 494 n. 5, 102 S.Ct. 1186, 1191 n. 5, 71 L.Ed.2d 362 (1982); Grayned v. City of Rockland, 408 U.S. 104, 110, 92 S.Ct. 2294, 2300, 33 L.Ed.2d 222 (1972). Consequently, the court must review the relevant statutory and regulatory framework affecting the content of any homeschooling program plaintiffs may wish to institute or join, as well as New York case law construing those statutes and regulations. New York’s compulsory education law mandates that “[i]n each school district of the state, each minor from six to sixteen years of age shall attend upon full time instruction,” N.Y. Educ. Law § 3205(l)(a) (McKinney 1981), and imposes upon the parents or guardians of such a child a statutory duty to assure that the child receives the instruction mandated by New York law. N.Y.Educ.Law § 3212(2)(b) (McKinney 1981 & Supp. 1988). Nothing in New York’s compulsory education scheme prohibits parents from providing their children with a “systematic course of study” in their own home. In re Walker, 69 Misc.2d 400, 403, 330 N.Y.S.2d 8, 12 (Fam.Ct.1972); see also In re Franz, 55 A.D.2d 424, 427, 390 N.Y.S.2d 940, 942 (2d Dept.1977); People v. Turner, 277 A.D. at 319, 98 N.Y.S.2d at 888; N.Y. Educ.Law § 3204(1) (McKinney 1981). However, state law requires that “[ijnstruction given to a minor elsewhere than at a public school shall be at least substantially equivalent to the instruction given to minors of like age and attainments at the public schools of the city or district where the minor resides.” N.Y. Educ.Law § 3204(2) (McKinney 1981 & Supp.1988). Concomitant with this requirement is that instruction outside the public schools must be given by a “competent” teacher. Id. A parent whose child does not attend a public or parochial school in the city or district in which the parent resides must furnish proof that the child “is attending upon required instruction elsewhere,” and the failure to provide such proof raises a presumption that the child is not receiving the required instruction. N.Y.Educ.Law § 3212(2)(d). This presumption can be overcome by evidence that the child is receiving instruction “substantially equivalent” to that offered at the public schools of the city or district where the child resides, but the failure to come forward with such evidence can result in a finding of educational neglect. N.Y.Fam. Ct.Act § 1012 (f)(i)(A) (McKinney 1983); In re Christa H., 127 A.D.2d 997, 997, 513 N.Y.S.2d 65, 65 (4th Dept.1987); In re Andrew “TT”, 122 A.D.2d 362, 364, 504 N.Y.S.2d 327, 328 (3d Dept.1986). The primary responsibility for ensuring compliance with the requirements of the compulsory education law rests with the local boards of education for the various school districts throughout New York, In re Adam D., 132 Misc.2d 797, 801, 505 N.Y.S.2d 809, 812 (Fam.Ct.1986), and the superintendent of schools in each district commonly acts as agent for the boards in carrying out this responsibility. The local boards of education have the initial responsibility of determining whether an alternative educational program, including a homeschooling program, provides instruction substantially equivalent to that provided in the public schools in their own districts. In re Adam D., 132 Misc.2d at 801, 505 N.Y.S.2d at 812 (citing New York State Education Dept., Guidelines on Home Instruction (Sept.1985)). Such determinations are subject to review by the Commissioner of Education of the State of New York. In re Adam D., 132 Misc.2d at 803, 505 N.Y.S.2d at 813. Any determination of the “substantial equivalency” of at-home instruction necessarily must take into account the statutes and regulations that govern public education in the State of New York. New York’s public schools must remain in session for a minimum of 190 days per school year, including legal holidays, and minors educated “elsewhere than at a public school” must attend for at least as many hours per school year as are required for public schoolchildren. N.Y. Educ.Law §§ 3204(4)(a), 3210(2)(a). Attendance records must be maintained, N.Y. Educ. Law § 3211, and detailed guidelines for recordkeeping is provided in regulations promulgated by New York’s Department of Education (“the Department”). 8A N.Y. Comp. Codes R. & Regs. (“NYCRR”) Part 104 (1988). State law establishes certain minimum instructional requirements that must be satisfied by the local public school districts. For example, New York requires its public schools to instruct students in a wide variety of matters with an eye toward preparing those students “for participation as citizens” and “inculcating fundamental values necessary to the maintenance of a democratic political system.” Ambach v. Norwich, 441 U.S. 68, 76-77, 99 S.Ct. 1589, 1594, 60 L.Ed.2d 49 (1979). Thus, the state requires instruction in “patriotism and citizenship,” N.Y.Educ.Law § 801 (McKinney 1969), instruction in the history and significance of the state and federal constitutions as well as the Declaration of Independence, id., the teaching of civics and New York state history, N.Y.Educ.Law § 3204(3) (McKinney 1981), instruction relating to the flag, N.Y.Educ.Law § 802 (McKinney 1969), training in fire and arson prevention, highway safety, and the conservation of natural resources, N.Y.Educ.Law §§ 801, 806-08 (McKinney 1969), and health education regarding drugs, alcohol and cigarettes, N.Y.Educ.Law § 804 (McKinney 1969). See generally 8A N.Y.C.R.R. § 100.2(c). General guidelines for the substantive content of the studies of public schoolchildren are also outlined by the state. In grades one through six, students attending public schools in New York must “receive instruction in arithmetic, reading, spelling, writing, the English language, geography, United States history, science, health education, music, visual arts, physical education and, where student need is established, bilingual education and/or English as a second language.” 8A N.Y.C.R.R. § 100.3; see also N.Y.Educ. Law § 3204(3). Though detailed regulations for health education and physical education are provided, see 8A N.Y.C.R.R. §§ 135.3(b), 135.4(c)(2)(i), generally the local school boards are afforded wide leeway at the elementary school level in determining the scope and depth of instruction in a particular discipline. Instead of mandating adherence to a detailed and uniform curriculum, the state has opted to set out general educational goals for students in grades prekindergarten through six, see 8A N.Y.C.R.R. § 100.3(a)(1), leaving to the local boards of education the responsibility for establishing specific educational requirements. See N.Y.Educ.Law § 1709(33) (McKinney 1969). This allows flexibility in addressing unique local problems, enhances responsiveness to the educational concerns of the communities within a particular school district, and respects this nation’s tradition of vesting primary control over educational policy with local authorities. The state monitors the progress of elementary school age children through periodic testing, 8A N.Y.C.R.R. § 100.3(b)(2), and these examinations must conform to certain requirements designed in part to assure uniformity, so that the effectiveness of the various approaches of the local school districts can more meaningfully be assessed. Children being taught at home must take the same pupil evaluation tests in reading, writing and mathematics that are administered to public schoolchildren. 8A N.Y.C.R.R. § 100.3(b)(2)(h). The state has established more detailed program requirements for students in the state’s secondary schools. For example, all public school students attending grades seven and eight must complete two “units of study” in English, two units of study in the social sciences, two units of study in the physical sciences, two units of study in mathematics, and one-half unit of study each in art and music. 8A N.Y.C.R.R. § 100.4(b)(2). A “unit of study” is defined as 180 minutes of instruction per week throughout the school year. 8A N.Y.C. R.R. § 100.1(a). At the high school level, there are similarly detailed specifications of minimum “units of study” in basic subjects that must be completed successfully before a student can receive a high school diploma. See 8A N.Y.C.R.R. § 100.5. Nonetheless, though the state regulations concerning secondary education are considerably more detailed than those governing the primary schools, the scope and depth of instruction are not specified. Again, the state has opted to entrust the details of public education with the local school boards. Given the deference to local school districts that characterizes New York’s approach to the establishment of specific substantive educational requirements for its public schoolchildren, it is not surprising that the New York State Department of Education has not issued binding regulations governing homeschooling. In 1985, however, the Department did promulgate advisory guidelines concerning the establishment of a home instruction program. See New York State Education Dept., Guidelines on Home Instruction, Sept. 1985 (hereinafter “The Guidelines”) (Copy attached as Exh. A of Affidavit of Deborah H. Karalunas). While stressing that the issue of home instruction is best “dealt with locally,” the Department drew upon the past experiences of various districts in formulating “recommendations for effective practices.” Id. at i. The Department recommends that parents wishing to educate their children at home should immediately arrange a meeting with the superintendent of the school district in which they reside or some other representative of the school district. Parents are advised to “acquire information on the subjects which must be taught at various ages and grade levels” from the superintendent or from the Department itself. Id. at 4. Parents are urged to “allow ample time for the approval process to take place prior to beginning home instruction,” since removing their children from school and placing them in an unapproved homeschooling program could “be found to be a violation of Education Law.” Id. The Guidelines delineate the type of information that should be supplied to the local superintendent when approval for a homeschooling program is sought. This information includes a plan of instruction and a calendar for the year, syllabi and a list of materials or textbooks to be used, a description of the background, experience and credentials of the teacher, and a plan for evaluating the academic progress of the child being taught at home. Id. Parents are advised of the requirement of periodic testing necessary to evaluate the progress of the home-educated child. Id. at 5-6. If after completing his review of the proposed home instruction program the superintendent concludes that the program is unacceptable, the Guidelines recommend that the superintendent set out in writing the deficiencies of the proposed program, and it is recommended that parents be given an opportunity to redesign the program in order to correct the problems identified by the superintendent. Id. at 9. If the revised program still does not satisfy the superintendent, it is recommended that the parents be given an opportunity to challenge the superintendent’s findings at a hearing before the local board of education. Id. The Guidelines advise parents of their right to appeal an adverse determination by the board to the Commissioner of Education. Id. If, on the other hand, a proposed homeschooling program meets with the superintendent’s approval, the Guidelines recommend that on-site visits by school officials be conducted at least once or twice during the school year while instruction is taking place. Id. at 6, 9. The Guidelines recommend that a homeschooling program be reevaluated by the superintendent on an annual basis, and that the progress of the child taught at home should be monitored through both state-mandated pupil evaluation tests as well as optional standardized tests. Id. at 10, 12. The Supreme Court has recognized that when a state law is challenged as unconstitutionally vague, at least two distinct principles of due process are implicated. First, because we assume that man is free to steer between lawful and unlawful conduct, we insist that laws give the person of ordinary intelligence a reasonable opportunity to know what is prohibited, so that he may act accordingly. Vague laws may trap the innocent by not providing fair warning. Second, if arbitrary and discriminatory enforcement is to be prevented, laws must provide explicit standards for those who apply them. A vague law impermissibly delegates basic policy matters to policemen, judges, and juries for resolution on an ad hoc and subjective basis, with the attendant dangers of arbitrary and discriminatory application. Grayned v. City of Rockland, 408 U.S. at 108-09, 92 S.Ct. at 2299 (citations omitted). In evaluating whether a particular rule of conduct fails to establish sufficiently definite guidelines, the court must be mindful that “[t]he degree of vagueness that the Constitution tolerates — as well as the relative importance of fair notice and fair enforcement — depends in part on the nature of the enactment.” Hoffman Estates, 455 U.S. at 498, 102 S.Ct. at 1193. For example, when the first amendment rights of expression or association are implicated by the enforcement of a statutory or regulatory rule of conduct, the state will be held to a higher standard of specificity than might be the case if purely economic regulation was at issue. See, e.g., Hoffman Estates, 455 U.S. at 498-99, 102 S.Ct. at 1193; Parker v. Levy, 417 U.S. 733, 756, 94 S.Ct. 2547, 2561-62, 41 L.Ed.2d 439 (1974); Smith v. Goguen, 415 U.S. 566, 573, 94 S.Ct. 1242, 1247, 39 L.Ed.2d 605 (1974). Further, greater precision is required when possible criminal or “quasi-criminal” penalties are contemplated, because in such cases “the consequences of imprecision” are qualitatively more severe. Hoffman Estates, 455 U.S. at 498-99, 102 S.Ct. at 1193; see Colautti v. Franklin, 439 U.S. 379, 99 S.Ct. 675, 58 L.Ed.2d 596 (1979); Lanzetta v. New Jersey, 306 U.S. 451, 59 S.Ct. 618, 83 L.Ed. 888 (1939). Because plaintiffs failure to ensure that their children receive an education “substantially equivalent” to that offered in public schools within the meaning of § 3204 could subject them to educational neglect charges, the court finds that a more stringent test for vagueness should be applied than would be necessary for strictly economic regulation. The nature of the court’s inquiry is also influenced by whether the allegedly vague law is being attacked facially or as applied. Ordinarily, a state law is unconstitutionally vague on its face when its requirements are “expressed in terms of such generality that ‘no standard of conduct is specified at all.’ ” Brache v. County of Westchester, 658 F.2d 47, 51 (2d Cir.1981), cert. denied, 455 U.S. 1005, 102 S.Ct. 1643, 71 L.Ed.2d 874 (1982) (quoting Coates v. City of Cincinnati, 402 U.S. 611, 614, 91 S.Ct. 1686, 1688, 29 L.Ed.2d 214 (1971)). If a law “has a core meaning that can reasonably be understood, then it may validly be applied to conduct within the core meaning, and the possibility of such a valid application necessarily means that the statute is not vague on its face.” Brache, 658 F.2d at 51; see also Smith v. Goguen, 415 U.S. 566, 577-78, 94 S.Ct. 1242, 1249, 39 L.Ed.2d 605 (1974). Absent a showing that a law is “impermissibly vague in all of its applications,” Hoffman Estates, 455 U.S. at 497, 102 S.Ct. at 1193, a vagueness challenge can succeed only if plaintiffs demonstrate that the law is impermissibly vague as applied to activities in which they are actually engaged. Id. at 495, 102 S.Ct. at 1191-92; Parker v. Levy, 417 U.S. at 757, 94 S.Ct. at 2562; Welch v. United States, 750 F.2d 1101, 1111 (1st Cir.1985). In the case at bar, a successful facial challenge cannot be made under this standard of review, because however uncertain the terms “competent” and “substantially equivalent” may be, it is beyond dispute that a parent who withdrew his or her child from public school and afforded that child no education whatsoever would be in violation of the compulsory education law. Consequently, the court’s inquiry will focus on the manner in which § 3204 is applied in the school districts within which plaintiffs reside. The terms “competent” and “substantially equivalent” are not in and of themselves “so lacking in meaning as to be invalid.” Textile Workers Pension Fund v. Standard Dye & Finishing Co., 725 F.2d 843, 856 (2d Cir.), cert. denied, 467 U.S. 1259, 104 S.Ct. 3554, 82 L.Ed.2d 856 (1984). However, they do establish a comparative standard that makes direct reference to the minimum educational standards that must be maintained in the state’s public schools. Consequently, plaintiffs’ vagueness challenge turns on whether the standards governing public schools in New York are sufficiently comprehensible. As can be gathered from the extensive recitation set out above, the statutory requirements of the compulsory education law have been supplemented by extensive regulations promulgated by the Department of Education, and are further amplified by the detailed curricula requirements of the local school districts. In this important respect, New York’s compulsory education scheme is distinguishable from the statutes that were at issue in the cases cited by plaintiffs in support of their vagueness argument. When read in conjunction with the various regulations that compliment § 3204, the court believes that that statute “communicates its reach in words of common understanding.” Boos v. Barry, 108 S.Ct. at 1169. Plaintiffs argue that New York’s compulsory education scheme gives local school officials too much discretion in establishing what the minimum requirements of public education will be, and in measuring homeschooling programs against those minimum standards. Indeed, it would appear that expansive local control over the assessment of home instruction programs was intended. By not requiring “equivalency” to a singular statewide standard but instead allowing variations from district to district, § 3204 implicitly entrusts the establishment of educational standards with local school authorities. This policy of allowing local variations in educational standards, however, should not be equated with vagueness; “[t]he difficulty or impossibility of drawing a statutory line [applicable in all districts of the state] is one of the reasons for supplying merely a statutory guideline.” Sunshine Anthracite Coal Co. v. Adkins, 310 U.S. 381, 399-400, 60 S.Ct. 907, 915, 84 L.Ed. 1263 (1940). In the instant action, the guidelines supplied by the state legislature provide a basic framework within which local authorities can fashion educational standards designed to address peculiar local concerns. The scope, depth, and emphasis of the instruction that is required varies from district to district. However, the policies followed by the three school districts involved in this action in assessing home instruction programs stress cooperation and interaction between homeschooling parents and local school officials. A party’s ability to clarify the meaning of a regulation and modify his behavior accordingly, either through the party’s own inquiry or through an administrative process, can ameliorate any vagueness problems that might otherwise be created by the terms of that regulation. Hoff man Estates, 455 U.S. at 498, 102 S.Ct. at 1193. Plaintiffs are given ample opportunity to discover the specific requisites of the compulsory education law in the districts in which they reside, and thus the court finds that the requirements of § 3204 are not unconstitutionally vague, at least as they are applied to plaintiffs. C. The Free Exercise Clause Randy and Alice Blaekwelder and George and Hilda Lonneville assert that their religious beliefs compel them to give their children a “Christian education,” which they understand to be an education in which their religious values are interwoven into every area of study in which their children engage. They contend that allowing their children to attend public schools, where “religiously integrated” studies are prohibited, would violate fundamental religious tenets. Particularly offensive to them is the study of evolution and what they term an “amoral” approach to sex education in public schools. These plaintiffs maintain that New York’s compulsory education laws burden their faith because the state retains the power to approve or disapprove the manner in which they accomplish what they view as a religious command, that is, the manner in which they educate their children. The first amendment commands that “Congress shall make no law ... prohibiting the free exercise [of religion],” and the fourteenth amendment extends that limitation to the states. Cantwell v. Connecticut, 310 U.S. 296, 60 S.Ct. 900, 84 L.Ed. 1213 (1940). The free exercise clause erects an absolute barrier to governmental encroachment on the freedom of individual belief, see Bob Jones University v. United States, 461 U.S. 574, 603, 103 S.Ct. 2017, 2034-35, 76 L.Ed.2d 157 (1983), and extends qualified protection to religiously grounded conduct. Wisconsin v. Yoder, 406 U.S. 205, 220, 92 S.Ct. 1526, 1535-36, 32 L.Ed.2d 15 (1972). The more difficult cases, of course, involve claims that some governmental action impedes conduct tied to an individual’s religious beliefs, or compels conduct the individual finds inimical to his religious beliefs. In cases like this one, in which a governmental regulatory system requires some modification of an individual’s behavior in contravention of sincerely held religious beliefs, that individual can find refuge in the first amendment if he demonstrates that the governmental action constitutes a “sufficient burden on the free exercise of [his] religious beliefs to require the protections of the free exercise clause.” Smith v. Board of Education, 844 F.2d 90, 93 (2d Cir.1988). If such a burden is shown, the action will not sustain judicial scrutiny unless the government establishes that “a compelling governmental interest warrants the burden, and that less restrictive means to achieve the government’s ends are not available.” St. German of Alaska Eastern Orthodox Catholic Church v. United States, 840 F.2d 1087, 1093, (2d Cir.1988); see also Bob Jones University v. United States, 461 U.S. at 603, 103 S.Ct. at 2034-35; United States v. Lee, 455 U.S. 252, 257-58, 102 S.Ct. 1051, 1055, 71 L.Ed.2d 127 (1982); Thomas v. Review Board of Indiana Employment Security Division, 450 U.S. 707, 718, 101 S.Ct. 1425, 1432, 67 L.Ed.2d 624 (1981); Sherbert v. Verner, 374 U.S. 398, 83 S.Ct. 1790, 10 L.Ed.2d 965 (1963). Turning to the first part of this test, it must be noted that not all governmental actions that burden religious practices must be justified by a compelling state interest. As Chief Justice Burger has observed, “virtually every action that the Government takes, no matter how innocuous it might appear, is potentially susceptible to a Free Exercise objection.” Bowen v. Roy, 476 U.S. 693, 707 n. 17, 106 S.Ct. 2147, 2156 n. 17, 90 L.Ed.2d 735 (1986) (plurality opinion) (emphasis in original); see also Lyng v. Northwest Indian Cemetery Protective Ass’n, — U.S. -, 108 S.Ct. 1319, 1327, 99 L.Ed.2d 534 (1988). As the Supreme Court’s definition of “religion” within the meaning of the first amendment has expanded from the narrow theistic perception found in cases like Davis v. Beason, 133 U.S. 333, 342, 10 S.Ct. 299, 300, 33 L.Ed. 637 (1890), to a broader interpretation incorporating the views of unorthodox and nontheistic faiths, a wider range of facially neutral regulations on the conduct of individuals have been subject to challenge under the free exercise clause. See generally Mozert v. Hawkins County Bd. of Education, 827 F.2d 1058, 1078-81 (6th Cir.1987) (Boggs, J., concurring), cert. denied, — U.S. -, 108 S.Ct. 1029, 98 L.Ed.2d 993 (1988). As a consequence, the courts have been forced to distinguish between incidental governmental burdens on religious conduct and those governmental actions that constitute “the type of burden on core religious freedom rising to the level of a violation of the free exercise clause.” Smith v. Board of Education, 844 F.2d at 94. The Supreme Court has stressed that “the very concept of ordered liberty precludes allowing every person to make his own standards on matters of conduct in which society as a whole has important interests.” Yoder, 406 U.S. at 216, 92 S.Ct. at 1533. In the case at bar, it is not disputed that plaintiffs’ beliefs concerning the proper manner in which their children are to be educated are founded upon religious concerns, and thus their attempt to instruct their children at home through a course of study integrating fundamentalist Christian views into all aspects of their children’s education is conduct that is at least motivated by their religious beliefs. It is not as clear to the court, however, how the requirements of § 3204 of the Education Law conflicts with those beliefs, or how the manner in which that requirement is enforced by the state’s local school districts impinges upon plaintiffs’ religious practices. It seems that a certain distrust of public school officials among homeschoolers, including plaintiffs, underlies the objection to this statutory requirement, for apparently there is some fear that those charged with enforcing New York’s compulsory education laws will require the teaching of secular matters that are inconsistent with their fundamentalist Christian beliefs. If such a fear crystallized into reality, a serious burden on rights protected by the free exercise clause might be found; but there is nothing in the language of New York’s Education Law that mandates such friction, and this case involves, after all, a facial challenge to the compulsory education law. Nonetheless, even assuming that the requirements of New York’s compulsory education law do burden practices that are at the core of plaintiffs’ religion, the court finds that that burden is justified by compelling state interests, and that § 3204 of the Education Law is as narrowly tailored as is feasible to accommodate the religious conduct at issue in this case without sacrificing those important state interests. The Supreme Court has consistently held that “only those interests of the highest order” can justify the burdening of an individual’s religious practices. Yoder, 406 U.S. at 215, 92 S.Ct. at 1533. Such compelling state interests are at stake here. The Supreme Court has long recognized that “education is perhaps the most important function of state and local governments.” Brown v. Board of Education, 347 U.S. 483, 493, 74 S.Ct. 686, 691, 98 L.Ed. 873 (1954). It is distinguishable from other governmental entitlement programs because of “[b]oth the importance of education in maintaining our basic institutions, and the lasting impact of its deprivation on the life of the child.” Plyler v. Doe, 457 U.S. 202, 221, 102 S.Ct. 2382, 2396, 72 L.Ed.2d 786 (1982). It is important to stress that the two state interests identified in this passage from Plyler involve separate and distinguishable considerations. First, there is the significant societal interest in the perpetuation of its political and economic structure. Education has long been deemed vital to the “preservation of a democratic system of government,” Abington School District v. Schempp, 374 U.S. 203, 230, 83 S.Ct. 1560, 1576, 10 L.Ed.2d 844 (1963) (Brennan, J., concurring), and it is recognized that “some degree of education is necessary to prepare citizens to participate effectively and intelligently in our open political system if we are to preserve freedom and independence.” Yoder, 406 U.S. at 221, 92 S.Ct. at 1536. Indeed, the Constitution presupposes the existence of an informed citizenry prepared to participate in governmental affairs, and these democratic principles obviously are constitutionally incorporated into the structure of our government. It therefore seems entirely appropriate that the State use “public schools [to] ... inculcat[e] fundamental values necessary to the maintenance of a democratic political system.” Board of Education v. Pico, 457 U.S. 853, 876, 102 S.Ct. 2799, 2813, 73 L.Ed.2d 435 (1982) (Blackmun, J., concurring) (quoting Ambach v. Norwich, 441 U.S. 68, 77, 99 S.Ct. 1589, 1595, 60 L.Ed.2d 49 (1979)). Moreover, “education provides the basic tools by which individuals might lead economically productive lives to the benefit of us all.” Plyler v. Doe, 457 U.S. at 221, 102 S.Ct. at 2397. Thus, education plays “a fundamental role” in providing the skills necessary for the maintenance of our economic and social order as well as our democratic institutions. Id. These societal goals, however, are not the only matters of concern affected by the educational opportunities provided school-age children. The failure to assure that all children are afforded an education meeting certain minimum standards of adequacy would be attended by serious consequences for the children that are denied such an education. Such a deprivation takes an “inestimatable toll ... on the social, economic, intellectual, and psychological well-being of the individual____” Id. at 222, 102 S.Ct. at 2397. E