This case concerns the constitutionality of OCGA 20-2-690 (Code Ann. 32-2104), the Georgia compulsory school attendance law, which provides that every parent having control of a child between the ages of seven and sixteen shall enroll the child in and send the child to a public or private school. The appellants, Terry and Vickie Roemhild, are the parents of three school-age children. In late September of 1981 they were arrested for violating the compulsory attendance law by allegedly failing to enroll their children in a public or private school for the period August 24 to September 18, 1981. The Roemhilds moved to dismiss the charges on various constitutional grounds, and also defended on the basis that the children were being taught at home in a private school operated by the appellants. The trial judge ruled that the Roemhilds had not sufficiently raised the constitutional issues, and were not operating a "private school" within the meaning of OCGA 20-2-690 (Code Ann. 32-2104). Accordingly, the judge found the Roemhilds guilty of nineteen violations of the compulsory school attendance law, which was an assessment of one violation for each school day the children were kept at home. This was reversed on appeal. In this case, the Georgia Supreme Court declared Georgia's compulsory attendance law "unconstitutionally vague." The court reasoned: "...we conclude that the statute is not sufficiently definite to provide a person of ordinary intelligence, who desires to avoid its penalties, fair notice of what constitutes a "private school....Furthermore, the statute violated a second due process value in that it impermissibly delegates to local law enforcement officials, judges, and juries the policy decision of what constitutes a private school."
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