Parental rights and school choice

The Catholic Church teaches that marriage, by its very nature, has two primary “ends” or purposes, that is, marriage is for the good of the spouses, and it is for the procreation and education of children (Catechism of the Catholic Church 1601, 2201). This teaching is founded upon God’s creative design and plan for marriage. As Genesis reveals, God instituted marriage as an intimate communion of life between a man and a woman that is further ordered to the bringing forth of children into the world: “So God created man in his own image, in the image of God he created him; male and female he created them. And God blessed them, and God said to them, ‘Be fruitful and multiply, and fill the earth and subdue it’ (Gen 1:27–28; cf. Gen 2:18ff). 
 
By divine design, therefore, marriage entails the spouses cooperating with God to bring forth new human life and educate the children into adulthood. While openness to having children is an essential element of marriage, the parents’ educative task is also vital to the children’s growth and development into maturity. Indeed, Scripture is replete with exhortations to parents reminding them of their duty to educate their children—e.g., “Train up a child in the way he should go, and when he is old he will not depart from it” (Prov 22:6) and “Fathers, do not provoke your children to anger, but bring them up in the discipline and instruction of the Lord” (Eph 6:4).
 
The parents’ role in providing their children with a sound education was one of the central themes of the Second Vatican Council (1962–1965). In its Declaration on Christian Education, Gravissimum Educationis, the Council teaches that all parents have a fundamental and inalienable right and duty to educate their children, and that this right and duty can never be fully delegated to another person or institution. The Church therefore insists that parents are “the primary educators of their children” (Gravissimum Educationis 3). 
 
The Church refers to parents as the primary or “first” educators of their children because they are ultimately responsible for their children’s education. The Church treats this educative task of parents in a broad sense to include the child’s physical, intellectual, moral, social, and faith formation (Gravissimum Educationis 1). By divine vocation, the parents have a solemn right and duty to form, develop, and guide their children into adulthood, and this can never be entirely delegated to, or usurped by, anyone else. As St. John Paul II explains, parents “possess a fundamental competence in this area; they are educators because they are parents” (Letter to Families 16). 
 
Does this mean that the Church expects parents to go it alone in the education of their children? Not at all. While the Church affirms that the parents’ role is primary, it also recognizes that parents are not obliged to be the exclusive educators of their children. Given the complexities of today’s world and the exponential growth in all areas of knowledge, the Church anticipates that parents will likely need assistance in educating their children, especially from schools. Schools can never wholly replace the educative role of parents, but rather are cooperators who assist parents in fulfilling their task (Gravissimum Educationis 5). As Pope Francis put it in his apostolic exhortation on the family, “Schools do not replace parents, but complement them” (Amoris Laetitia, 84).
 
Parents today have an array of options to assist them in educating their children: Catholic schools, private schools, home schools, public schools and other forms of instruction. Even so, it makes no sense to speak of these as options if parents are not truly free to choose them. The Church therefore also teaches that parents “must enjoy true liberty in their choice of schools” and that the public authority as a matter of justice must ensure “that public subsidies are paid out in such a way that parents are truly free to choose according to their conscience the schools they want for their children” (Gravissimum Educationis 6).
 
But here is the problem—many parents, for financial reasons, feel like they only have one choice for educating their children: public schools. Our country has, for much of its history, embraced the mistaken idea that the state is the primary educator of children, not parents. Accordingly, state and local governments have poured tax revenue designated for education almost exclusively into public schools. While there are many fine public schools, children cannot get the faith formation or other kinds of curriculum in these schools that many parents want and deem best for their children. Moreover, parents, in some places, are compelled to send their children to public schools because they have no other options.
 
The school choice movement sweeping the country is changing all this. School choice refers to educational alternatives to public schools for K-12 students that are publicly funded. Today, the number of states with some form of school choice stands at 29. Polls also consistently show broad public support for school choice. In North Dakota, even though the state legislature passed a school choice bill during the 2023 session that would have reimbursed private schools for tuition costs incurred by eligible students, it was vetoed by Governor Burgum stating it did “not go far enough to promote competition and expand choice in K-12 education” and was “not the comprehensive solution we need.”
 
While North Dakota does not yet have school choice, an Educational Opportunities Task Force composed of state legislators and other stakeholders met over the summer and studied various school choice models. At their final meeting, the task force outlined a tripartite framework using state-supervised educational savings accounts (“ESAs”) with public funds to give students more options and resources. Tier one would offer funds for public school students seeking additional educational support, tier two would assist parents with tuition or supplemental educational options for private school students, and tier three would provide funding for homeschooled students. Parents could use the ESA funds in each tier for pre-approved items like tuition, tutoring, online classes, exam fees, curricular materials, transportation and the like.
 
State legislators are already proposing bills for the 2025 legislative session based on the task force’s work. This means North Dakotans have a real opportunity to pass a meaningful school choice bill into law this year. Please pay attention to the session as this issue unfolds, sign up for the North Dakota Catholic Conference’s action alerts and make sure to reach out to your state representatives to indicate your support for school choice at the appropriate time.