William & Mary Bill of Rights Journal


This Article develops how the judiciary should play an instrumental part in amplifying the parent’s voice as a citizenship broker for their child. The Supreme Court scrutinizes school-board actions with little consideration of parents’ substantive due process right to control their child’s education through the political process. Through representative school boards, effective participation models, and an enforcement framework, parents could hold the power to affect education policies. Parents deserve full citizenship recognition in the tiered processes controlling public education policy. In addition to recognizing “quality” education as a government interest, the Supreme Court should also take into account the political processes underlying the adoption of education reforms. We should earnestly grapple with the intersection between our equal protection doctrine’s deference to local control and the fundamental yet limited right for parents to control their child’s education.