by Paul Engel, America Outloud:
Parents guide the education of their children, or at least they used to. Yes, with rare exceptions, the state had to step in, but only for the safety of the children. Today, however, it seems we’ve handed over decision-making about your children’s education to so-called “experts.” What happens when the goal of these “experts” differs from those of the parents? In a conflict between parents and the state about the education of children, who wins? A recent case in U.S. District Court shows that government actors not only believe they know better, they are more than willing to act in loco parentis tyrannis.
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In Loco Parentis
Who decides what is best for your child? This is a fundamental question and is often referred to as parental rights. For most of human history, the answer was simple and straightforward: The parents decide. With the advent of governments, opportunities were created for state intervention in parental rights, but they were limited to protecting the safety of the child. Of course, it didn’t take long for Lord Acton’s warning to enter the picture:
Power tends to corrupt, and absolute power corrupts absolutely.
Lord Acton
We’ve probably all heard the stories about some overeager Child Protective Services (or their counterparts), taking children away from parents for the flimsiest of reasons. Sometimes, all it took for CPS to get involved was for a neighbor who didn’t like the decisions the parents have made, to file a complaint. It didn’t take long before schools were to get involved as well.
There’s a saying I’ve heard often enough, “Bad facts make bad laws.” Put another way, when you write general laws based on the exception rather than the rule, the often unintended consequences can be catastrophic. For example, many states and localities, in an attempt to protect children from abuse, empowered faculty and staff at schools to report incidents of suspected child abuse. Rare but terrible incidents of abuse not only morphed the ability to report into a duty to report but also changed the standards of reporting from evidence of physical abuse to suspicion of mental abuse. The problem is two-fold. First, “mental abuse” is not well defined, and second, suspicion is not necessarily based on anything real. This has led to an attitude that the schools are ultimately responsible for the physical and mental welfare of a child, including determining what they need for an education. Whereas school boards used to work with parents and parental groups to determine educational standards, today they are being decided by “experts,” completely devoid of parental involvement, and with little if any concern for the individual needs of the child. A recent case out of the U.S. District Court of Maryland seems to be a perfect example.
Mahmoud v. McKnight
The premise of the case is fairly simple.
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