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The 1st District Court of Appeals also determined the lawsuit to be frivolous and ordered the father and son to pay reasonable costs and attorney fees to be determined by the trial court.
Peer Larson and his father, Bruce, sued the state and the Whitnall School District in suburban Milwaukee in 2005, arguing that homework should not be required after the 180-day school year is over.
A Milwaukee County Circuit Court judge ruled last year that Wisconsin's mandatory 180-day school term refers only to actual school attendance, not homework. Judge Richard J. Sankovitz said school boards — not the state — should decide whether to require summer homework.
The Larsons appealed, arguing that Peer Larson's high school pre-calculus teacher was acting beyond his authority when he assigned the then-high school sophomore summer homework in 2004.
The teacher, Aaron Bieniek, gave his incoming juniors three homework assignments to complete by certain dates over the summer, which Peer Larson said was difficult because he had a demanding summer job as a camp counselor.
He ultimately submitted the homework late and received a reduced grade for the honors class, according to the court's opinion.
The Larsons also argued on appeal that summer homework violates parents' constitutional right to direct education and upbringing of their children.
The appeals court rejected all of their arguments in Tuesday's unanimous ruling upholding the lower court.
``The Larsons have utterly failed to present an arguable legal basis showing why their case should not have been dismissed,'' the appeals court said. ``Summer homework — particularly for an honors class for which students receive additional credit — fits comfortably within the range of what is reasonable.''
Peer Larson, 18, had no comment on the ruling. His father did not immediately return a message left at his home. A spokesman for the state Department of Public Instruction also did not immediately return a message seeking comment on the ruling.
