Next year marks the 100th anniversary of the landmark Supreme Court decision Pierce v. Society of Sisters, which affirmed that a parent’s discretion over the education of their children is not a privilege bestowed by the state but an unalienable right. In the memorable words of Justice McReynolds:
“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.”
In 2015, the Legislature enshrined this fundamental principle into state law with the Idaho Parental Rights Act. Echoing the iconic language of the Pierce decision, it declared that the state of Idaho must respect a parent’s “high duty and right to nurture and direct their children’s destiny, upbringing and education.”
As a result of this commitment, the families of Idaho are blessed with some of the least restrictive homeschool regulations in the nation. However, Idaho could still do much more to support the right of parents to educate their children.
Homeschooling requires tremendous financial sacrifice. Families must foot the cost of buying curricula, supplies, extracurricular activities, co-op fees, tutors, potential program fees from supplementing with online classes, and technology. The time commitment is also significant, requiring many families to forgo a second income in an economic environment that is far from friendly for single-income households. These financial burdens have effectively put the ability to exercise a fundamental right out of reach for many Idaho families.
In order to rectify this injustice, the Idaho Freedom Foundation has advocated for years to establish universal school choice — more appropriately called educational freedom. Under our Freedom and Family Agenda, parents would receive $9,000 for every school-aged child not enrolled in a public or charter school in the form of a refundable tax credit to spend on educational expenses in a given year. For a family with three children, this much-needed reform would effectively add $27,000 to their yearly income to help defray the costs associated with homeschooling.
This tax credit should also have no reporting requirements, allowing families to direct any leftover funds to other household necessities. In effect, parents who choose to homeschool their children would finally receive the benefits already given to individuals who are self-employed and able to deduct expenses such as their home office, internet bills, and travel expenses from their tax liability.
Understandably, some may be wary of inviting government intrusion into the private education of their children. These well-intentioned individuals wisely heed our Founding Fathers’ warnings regarding the “spirit of encroachment” that so often plagues government.
In this instance, however, such concerns are unfounded.
As we have previously outlined, there are several myths regarding the negative consequences universal school choice would have on private schools, all of which are untrue. The error of these misconceptions applies equally to similar concerns regarding homeschooling.
If universal school choice were to impose onerous regulations on private schools and parents, this would inhibit the liberty-focused education system we believe ought to be cultivated in the state of Idaho. Educational freedom presupposes the unalienable right of parents “to nurture and direct their children’s destiny, upbringing and education.” Its sole purpose is to allow parents to exercise that right and educate their children in the manner they believe is best.
To this end, a true universal school choice policy would not:
The drawback of many traditional school choice programs is that they rely on government-administered funds, enabling arbitrary intrusion regarding what’s considered a “qualified expense.” With refundable tax credits, the Department of Education is taken entirely out of the equation, limiting the possibility of new regulations being suddenly imposed on parents through administrative fiat.
Parents can also feel secure in the fact that participation in the program is voluntary. Therefore, even if unforeseen caveats are attached to the credit at a later date, parents can choose not to claim it and return to the status quo they currently enjoy. In this manner, our plan for achieving educational freedom ensures that the rights of parents will not be infringed.
As a matter of public policy, it is also important to emphasize that homeschooling is not merely a private right; it is also a public good. The people of Idaho are blessed to have among them many freedom-loving parents who have taken responsibility back from the state for forming their children into moral, intelligent, and self-governing citizens. In an age where the nuclear family is under constant assault, these households epitomize the traditional family values that are so essential to restoring our cultural heritage and rebuilding a free and prosperous society.
In recognition of this fact, the Idaho Parental Rights Act proclaims that:
“The interests and role of parents in the care, custody, and control of their children are both implicit in the concept of ordered liberty and deeply rooted in our nation’s history and tradition.”
If the state of Idaho truly cherishes that tradition, then it is time to stop devaluing the contribution of families who do the most to preserve it. Instead, let us promote the proliferation of homeschooling for the good of individual families and society alike.
