In the Matter of Martin F. Kurowski and Brenda A. Kurowski

Summary

The court affirmed the order requiring the parties’ daughter to attend public school for the 2009–2010 school year. It held that the order resolved an unresolved dispute between parents sharing joint educational decision-making authority rather than modifying a permanent parenting order, so the statutory modification prerequisites did not apply. The court also held that the trial court properly used the child’s best interests, rather than strict scrutiny, and that the evidence supported its discretionary decision. The court rejected the mother’s plain-error and religious-bias arguments.