Public Schools' Pyrrhic Victories Over Parental Rights

Farris, Michael & Jacob, Bradley P.

Journal: Richmond Public Interest Law Review

Volume: 3

First Page: 123

Year: 1998

Bluebook Citation: 3 RICH. PUB. INT. L. REV. 123 (1998)

Author: Bradley P. Jacob: all 4 publications


Abstract

This article explores the historical roots of parental rights in education, and then demonstrates that Professors Uerling and Strope are quite correct when they declare parental rights in public education to be "almost extinct." Next, it examines the stark contrasts between the rights of public school parents and those of parents who choose private and home schooling. Finally, this article suggests that since the constitutionality of educational choice, including choices involving religious schools, has been established beyond any legitimate question, public school advocates and courts should rethink their position concerning parental rights within public education lest they contribute to the demise of the very system which they seek to save from the "subversive" influence of those committed parents who give both students and tax dollars to the schools.

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