What the Law Says About Parents’ Rights Over Schooling

Why Shouldn’t Students Have a Say?

We often wonder why adults feel they can take away students’ freedom to learn and treat each other as equals. It’s a vital question!

Understanding Parental Freedom

Joshua Weishart, a law professor at West Virginia University, dives deep into education rights. He focuses on how state constitutions can uphold equality, freedom, and democracy in public education. His intriguing article, “Separate But Free,” coming up in the Florida Law Review, explores how the Constitution protects against segregative school policies.

The Cry for Parental Freedom

Lately, we’ve heard the rallying cry of “parental freedom!” This term fills the airwaves in statehouses, school board meetings, and during elections like Virginia’s recent Republican win. But what does it really mean?

Some parents, stirred by grievances, think they can control school curriculums, pick the books in libraries, and even influence health measures during a deadly pandemic. But here’s the kicker: this idea of parental control over school matters could be a ruse. In reality, children’s freedoms are more critical than some might think.

Children’s Rights Come First

In our constitutional framework, children’s rights take center stage over parental rights. Why? Because education plays a crucial role in democracy. Our laws affirm children’s rights to learn and grow as citizens.

The Culture War: Fear and Control

Amid the ongoing education culture war, where parental rights are fiercely debated, many have lost sight of this perspective. Politicians and activists often fan the flames of fear, claiming that demands for equality jeopardize parental freedom. Sound familiar?

The battle for equal educational opportunity is nothing new. Remember Brown v. Board of Education? This landmark decision ignited cries for parental freedom from those who saw it as a last-ditch effort to maintain a racist schooling structure. The inconvenient truth remains: parental freedoms, in some cases, means pushing for segregated education.

The Shadow of Segregation

Segregation stands as one of our nation’s most shameful legacies, often justified by parental freedom. Over the years, the Supreme Court has supported parental choices in schools, but that has, unfortunately, compounded segregation and school funding gaps. It’s a slap in the face to the ideals laid out in Brown.

While Brown gets all the hype, it wasn’t even the first case to declare school segregation illegal. That honor belongs to Clark v. Board of Directors, a decision made by the Iowa Supreme Court over 80 years before Brown. The court boldly rejected the idea that parents have the right to segregate in public schools.

A Unified Educational Experience

The court argued that segregation robs children of a shared school experience. That experience is crucial for building a sense of community and mutual understanding—all essential for a functioning democracy. Segregation denies both Black and white kids the privileges of our public school system. That’s a hefty loss!

Learning as Freedom

Progressives carried the banner of “freedom to learn” for almost a century. This notion is woven into the educational philosophies of thinkers like John Dewey and W.E.B. Du Bois. In the civil rights era, passionate educators established “freedom schools” to teach young people about equality and justice.

The Perils of Unchecked Parental Freedom

Giving parents unlimited freedom can skew things, driving wedges between students, splitting communities, and undermining public education’s mission. Somewhere along the journey, progressives lost sight of this vital connection. They let conservatives redefine freedom, morphing it into a “freedom from” model—freedom from public schools, public health measures, or anti-racism teachings.

In today’s climate of fear and uncertainty, we seem to cling to individualistic views of freedom, losing touch with education as a collective right.

The Need for Common Good

To turn the tide, we must reclaim the positive vision of educational freedom—a “freedom to” learn as equals among equals. Children today deserve the freedom to learn how to treat each other as equals, not just at some point in the future. This type of learning happens in schools that unite children from different backgrounds, promoting the common good.

State Support for Educational Freedoms

Here’s the good news! Most state constitutions champion educational freedoms, either explicitly in their education clauses or through precedent, like Clark. These laws focus on kids’ freedoms and democratic equality.

Freedoms that empower students can flourish in well-resourced, safe classrooms taught by skilled teachers who have the freedom to create culturally responsive curriculums and support positive relationships.

Supportive parents can profoundly influence their child’s success, but the law merely empowers them to complement their child’s educational freedoms. It doesn’t grant parents the right to dominate their child’s schooling experience.

What About Parent Control?

Parents have the constitutional privilege to choose between public and private education. They generally control their children’s education. However, this control isn’t absolute! States can impose reasonable regulations that prioritize the democratic education of citizens.

There’s no constitutional guarantee that parents can dictate the curriculum, censor information, or undermine the well-being of others in the school environment.

Understanding Limits of Parental Choice

To be clear: parents’ right to select a publicly funded school isn’t constitutionally protected. Public education laws clearly prioritize children’s rights to learn and evolve over parental desires for control.

Trust Is Key

The stakes are high! At its core, most parents want the best for their kids—even if it requires personal sacrifices. Parents are more accepting of giving up some control when they trust their schools. This is why conversations around parental freedom often stem from distrust and fear. If we let this mindset swirl unchecked, it’ll lead us to anxiety and paralysis.

Breaking Free from Fear

The law can’t eliminate our fears. It’s up to us to liberate ourselves from those worries. Those who believe in the importance of public schools owe it to the children to speak up. Convincing parents to support what’s best for all kids, not just their own, is essential for building a fair future. If parents want their children to enjoy the blessings of liberty, we must ensure freedom for everyone!