School Choice and Parental Freedom:
True Parental Freedom OR the call of a Siren’s Song?

By Bruce D. Purdy,  CHEO Executive Director
6/27/02

NEW definition of public school:
Any school that is open to the public, receives public dollars, and is accountable to public authorities for results.

Part I
Parent’s legal right to home educate
Families home educated their children in Ohio prior to the regulations in 1989!

The U.S. Supreme Court has upheld the parent’s “fundamental right” to direct the upbringing and education of their child. 

“The child is not the mere creature of the State; those who nurture him and direct his destiny have the right and the high duty, to recognize and prepare him for additional obligations.”
                                                                                    Pierce vs. Society of Sisters 1925

“This primary role of the parents in the upbringing of their children is now established beyond debate as an enduring tradition.”
                                                                             Chief Justice Berger, Wisconsin vs. Yoder, 1972

In the same breath, however, it created an “interest” the State has in education.  The State’s interest is that the child be “literate” and “self-sufficient”. 

State must meet “compelling interest” test in overriding a parent’s fundamental right to home educate.  There are four parts: 
First, the parents must prove:

1. Are the family’s beliefs sincere and religious?  (beliefs which are philosophical and personal are not entitled to Free Exercise protections).
2. Are the family’s religious beliefs burdened or violated by the State requirement? (are their beliefs in conflict with state requirement?)

The U.S. Supreme Court then requires the State, not the parents, to prove the following:

3. The State must prove its requirement is essential for children to be educated.
4. The State must prove its requirement is the least restrictive means in fulfilling the State’s interest.

The article referenced below has articulated what I believe to be the State’s view in reference to parental rights/child’s rights/State rights.

Testing the Boundaries of Parental Authority over Education: The Case for Home Schooling
By Rob Reich, Department of Political Science, Stanford University

I would recommend that you e-mail Mr. Reich at reich@stanford.edu and request a copy of this report.  It behooves each of us to understand the arguments being framed within the educational/political community.

The Ohio Constitution provision for education:
Article Six, Section Two

The General Assembly shall make such provisions, by taxation, or otherwise, as, with the income arising from the school trust fund, will secure a thorough and efficient system of common schools throughout the state: but no religious or other sect, or sects, shall ever have any exclusive right to, or control of, any part of the school funds of this state.

Go on to Part II: Charter (Community) Schools:  What are they?