As promised, we are continuing our series on parental rights, this time exploring education, the right deemed most important by William Blackstone.
Let me start by stating the following foundation of our argument: A person does not have a right to education. You do not have a right to an education.
But parents have a right and duty to educate their children. And children have a right to be educated by their parents.
It is not in vogue to make those statements, but this concept must be understood from the outset.
It’s not an unusual concept historically, however. It just sounds strange to our modern ears. We believe all beneficial things are rights. This is simply not so.
In fact, in Alabama, we went out of our way to say there is not a right to an education. Section 265 of the Alabama Constitution provides a structure for education in Alabama but goes on to say that “nothing in this Constitution shall be construed as creating or recognizing any right to education or training at public expense.”
Now you can argue fairly that this amendment was created during the time of segregation and had racist elements. I’m not disputing that. Anyone who reads on in the amendment agrees it provides for segregation, which was wrong. But the fact remains that the right to education was never established in later amendments, nor has it been established in our courts.
Thus, the balance looks like this: Parents have a right to educate their children; children have a right to be educated by their parents. The right to education does not exist. So any supposed general right to education is not superseded by the right of the parents to educate.
“But Laura!” you might say. “What if the parents don’t educate their children? Isn’t it better for a society if children are well educated?”
Certainly, my friend! It is beneficial for sure. However, it does not outweigh the rights of the parents.
As much as I disdain public education, it can have its place. But its place has exceeded its rightful bounds.
In recent years, we’ve seen parents getting kicked out of classrooms. The curriculum is hidden from parents, and if they dare question it, the former Biden administration was there to put those parents on an FBI watch list.
Furthermore, parents aren’t allowed to opt their kids out of certain curricula. Don’t want your kids to take sex education? Good luck fighting your school on that. Some districts just rearranged where it is, hiding it in state requirements. Don’t want your child to learn that America is inherently racist? Well, you racist parent, we know better than you, and your kids are going to learn what we want them to!
Homeschooling is a growing trend in the United States — and for good reason: We can’t trust our schools anymore.
But homeschooling isn’t well supported in our culture. Arguably it should be the most supported structure of education. Why? Because it involves the parent exercising their natural and correct duty of educating their children. That’s not to say that putting your kid in public school is bad. That’s to say it’s an option that perhaps shouldn’t be supported above or more than homeschooling as a society.
School choice is a step in the right direction in this regard. I am not a huge fan of it, as I don’t like government dollars, and thus control, going into education. However, if the government is going to fund education, those funds should follow the child, allowing parents to make the decision of how best to educate their children. Those funds don’t go a long way into actually achieving that education, however, because private school costs far exceed the amount given by the state – and education costs have only risen. Nevertheless, school choice is a statement that education belongs to the parents.
The dismantling of the Department of Education is another great step in that direction. I commend President Trump in finally correcting what President Jimmy Carter inflicted on our children. Alabama would do well to dismantle its state Department of Education as well.
Overall, we are finally heading back towards recognizing parents' rights to educate their children. We have a ways to go, but it takes time to take power from a corrupt institution. For now, this piece is for all parents. May you now feel equipped to know your rights and feel free to exercise them.
Laura Clark is a wife, mother, and community activist. She currently serves as the interim president of Alabama Center for Law and Liberty, a conservative nonprofit law firm that fights for limited government, free markets, and strong families in the courts. Anything written by Laura for this publication does not constitute legal advice.
The views and opinions expressed here are those of the author and do not necessarily reflect the policy or position of 1819 News. To comment, please send an email with your name and contact information to Commentary@1819News.com.
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