Right to Attend Private Schools

Right to Attend Private Schools

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The courts consistently have recognized the right of parents to send their children to nonpublic schools. The United States Supreme Court many years ago struck down an Oregon law requiring children between the ages of eight and sixteen to attend public schools.¹ The Court observed:

[W]e think it entirely plain that the Act of 1922 unreasonably interferes with the liberty of parents and guardians to direct the upbringing and education of children under their control. As often heretofore pointed out, rights guaranteed by the Constitution may not be abridged by legislation which has no reasonable relation to some purpose within the competency of the state. The fundamental theory of liberty upon which all governments in this Union repose excludes any general power of the state to standardize its children by forcing them to accept instruction from public teachers only. The child is not the mere creature of the state; those who nurture him and direct his destiny have the right, coupled with the high duty, to recognize and prepare him for additional obligations.²

The right of parents to send their children to private schools has been repeatedly affirmed by the United States Supreme court.³ Some courts have recognized that states may impermissibly interfere with a parent's right to direct the upbringing and education of his or her children by imposing excessive and unreasonable regulatory burdens upon private schools.⁴

For related information on this topic see the following articles:

Incorporation and Tax Exemption of Private Religious Schools

Proof of Nondiscrimination in Private Schools

The Distinction Between Public and Private Education

Discharge and Discipline of Students of Private Schools

Discharge and Discipline of Teachers

Application of Federal Labor and Discrimination Laws to Private Schools

Tuition Refunds

Government Regulation of Private Schools

Zoning Laws and Private Schools

Safety and Health Regulations for Private Schools

Taxation of Private Religious Schools

Child Abuse Reporting Requirements for Private Schools

Legal Liability for Student Injuries

Government Regulation of Child Care Facilities

“Homeschools”

Use of Public School Teachers in Private Schools