Compulsory Schooling Laws Aren’t Progressive, They’re Inhumane

Someone asked me recently if I could wave a magic wand and do one thing to improve American education what would it be. Without hesitation, I replied: Eliminate state compulsory schooling statutes. Stripping the state of its power to define and control education under a legal threat of force is a necessary step in pursuit of education freedom and parental empowerment.

Some argue that compulsory schooling laws are no big deal. After all, they say, private schooling and homeschooling are legal in all 50 states, so state control of education is limited. While it’s true that some parents may have access to government schooling alternatives, many states require private schools to receive authorization in order to operate. Despite ongoing efforts to expand education choice mechanisms, most parents have no choice but to send their child to an assigned district school.Homeschoolers in most states must comply with state or local reporting mandates that in some areas require homeschoolers to take standardized tests or meet state-determined curriculum requirements.

These hoops are for those lucky enough to jump out of compulsory mass schooling. Despite ongoing efforts to expand education choice mechanisms, like Education Savings Accounts (ESAs), vouchers, and tax-credit scholarship programs, most parents have no choice but to send their child to an assigned district school. Even if their child is being relentlessly bullied, even if they don’t feel that the academic environment is rigorous enough, even if they may personally disagree with some of the district’s ideological underpinnings—these parents are required by law to send their child to the appointed public school.

And what if they don’t?

Truancy and Neglectful Parenting

Truancy laws, which originate from a state’s compulsory schooling statutes, grant the full power of the state to come after parents whose children may have spotty attendance records. An in-depth article in HuffPost recently revealed the damaging impact these laws can have on families and children, with parents being pulled out of their homes in handcuffs and sent to jail.

For Cheree Peoples, one of the parents spotlighted in the article whose daughter misses school frequently due to sickle cell anemia that frequently leaves her hospitalized and in pain, enforcement of these truancy laws has been extreme, adding to the stress of her already difficult life caring for a chronically ill child. Awakened in the early hours by police officers who arrested her for truancy, she told the HuffPost: “You would swear I had killed somebody.”

The HuffPost investigation revealed that Democratic presidential candidate Kamala Harris was responsible for much of the heightened aggression toward parents regarding truancy. As California’s attorney general, Harris was a crusader against truancy and was instrumental in toughening criminal prosecution of parents whose children missed too much school. According to HuffPost:

Harris’ innovation was that school authorities and the district attorney would work in concert, articulating the threat of prosecution much earlier in the process and keeping school officials involved long after a case was transferred to court.

Harris held firm to her belief that neglectful parenting was the root cause of truancy, ignoring other potential explanations like lack of education choice for parents whose children may be suffering in their assigned district school. Harris’s actions to aggressively prosecute parents for truancy “were cementing the idea that parents always were the ultimate source of the problem.”

This is all so familiar. Harris, who billed herself as a “progressive prosecutor” for California, likely believed she was doing the right thing for children, saving them from their allegedly neglectful parents. Horace Mann, the “father of American public education” who is credited with helping to usher in the country’s first compulsory schooling statute in Massachusetts in 1852, also considered himself a progressive. At the time, Massachusetts was experiencing a massive immigration wave that, some lawmakers believed, threatened the current social fabric.

The History of Compulsory Schooling Laws

Indeed, between 1820 and 1840, Boston’s population more than doubled, and most of these newcomers were poor Irish Catholic immigrants escaping Ireland’s deadly potato famine. They challenged the dominant Anglo-Saxon Protestant norms of the time, prompting many state leaders to lobby for a new compulsory schooling statute that would mandate children’s attendance in state-controlled public schools. It was for the children’s own good, they said. As William Swan, editor of The Massachusetts Teacher wrote in 1851, just before the first compulsory schooling law was passed:

Nothing can operate effectually here but stringent legislation, thoroughly carried out by an efficient police; the children must be gathered up and forced into school, and those who resist or impede this plan, whether parents or priests, must be held accountable and punished.

Prior to the 1852 compulsory schooling law, compulsory education laws were common throughout the country. Massachusetts again led the way, passing its first compulsory education laws in 1642 and 1647, respectively. These education laws differed fundamentally from compulsory schooling laws. The education laws indicated a state interest in an educated citizenry and compelled cities and towns of a certain size to hire a teacher and/or open and operate a grammar school. It was the town that was compelled to offer schooling, not the parents to send their children there.

This is a significant distinction. A state arguably has the authority to require its cities and towns to provide certain services, but compelling parents to partake of these services under a legal threat of force—as the 1852 compulsory schooling law ultimately did—crosses the line. As the HuffPost article makes abundantly clear, parents, particularly those who are disadvantaged, continue to bear the brunt of these archaic and deeply flawed compulsory schooling laws.

The Solution

The first step to restore education freedom and empower parents with choice and opportunity for their children is to eliminate compulsory schooling laws that authorize state control of education. States could still require cities and towns to provide public schools to those who want them, but the power to compel parents to send their children there would disappear. In its place, a decentralized network of educational opportunities (including, but not limited to, various types of schooling) would unfold, fueled by visionary parents, educators, and entrepreneurs.

Parents, not the state, would decide how and where their children are educated. New possibilities for education innovation would emerge as the shadow of forced schooling waned. Education freedom begins when government compulsion ends.

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Robin Grille: Natural Born Bullies (15m)

This episode features an audio essay written by psychologist Robin Grille in 2007, which comprises Chapter 24 of Everything Voluntary: From Politics to Parenting, edited by Skyler J. Collins and published in 2012. He explores the origins of bullying. Purchase books by Robin Grille on Amazon here.

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Childhood Play and Independence Are Disappearing; Let Grow Seeks to Change That

Many of us are old enough to remember how childhood used to be. Our afternoons were spent outside playing with the neighborhood kids—no adults or cell phones in sight. Sometimes we got hurt, with occasional scraped knees or hurt egos, but we worked it out. We always knew we could go home. We had paper routes, mowed lawns, ran errands, and babysat at ages much earlier than we allow our own kids. What happened to childhood in just a generation that now prompts neighbors to call the police when they see an eight-year-old walking her dog?

The answer rests on a host of cultural changes over the last few decades. As Lenore Skenazy writes in her book, Free-Range Kids, the combination of 24-hour news media that often sensationalizes rare events like child abductions, as well as the introduction of true crime dramas, often make it seem like the world is less safe today than it used to be—despite crime statistics showing otherwise. As more mothers entered the workforce, demand for full-day kindergarten and after-school care surged, limiting opportunities for afternoon free play. Now, many parents don’t seem to value free play and childhood independence, preferring instead to focus their children’s time on structured, adult-led activities and organized extracurriculars. We have a generation of children today under constant surveillance.

I’m guilty of this, too—hovering over my kids more than I’d like to admit. I’m nervous when my older ones walk to the store or the library despite knowing that I walked much further at their age. I tell them to let me know when they arrive somewhere, although my mother said recently that it never occurred to her to ask the same of me when I was young. Despite a much safer childhood today, we worry more about children and subsequently limit their freedom and independence.

Let Grow

Some parents and educators are pushing back on this troubling trend. Skenazy is now president of Let Grow, a non-profit organization that she co-founded to help families and communities recapture childhood independence and play. One of their most successful initiatives involves teaming up with interested school districts across the country to assign Let Grow Projects to elementary and middle school students. Teachers tell their students to go home and do something independently that they haven’t done before—with their parents’ permission. Some of these projects might be to make themselves a sandwich or ride their bike to the store. As Skenazy told me in a recent interview: “This is so simple but so transformative. We are trying to renormalize letting go.”

Skenazy described one town in Connecticut that has implemented the Let Grow Project community-wide. She explained how an elementary school-age child rode his bike to a local market. At first, the shopkeepers were concerned. Where was the boy’s parent? Why was he alone? When he explained he was doing a Let Grow Project for school and his task was to go to the market by himself, the shopkeepers relaxed. As more children visited, the shopkeepers and customers became accustomed to welcoming children into the store. It became less unusual, less alarming—more like it used to be. All of the resources and suggestions for Let Grow Projects are available for free on the organization’s website and can be implemented by any interested family or group. “The reason we go through schools,” says Skenazy, “is so we can transform whole communities.” It’s not just the parents who are fearful of granting children more freedom and independence; it’s the community as a whole that is unaccustomed to seeing free and independent children.

That said, much of the change is focused on parents. The Let Grow Project encourages parents to give their children more autonomy, to allow kids to take age-appropriate risks and build resilience and confidence. When parents know that they are not the only ones in their community who are providing this freedom, they are more willing to try it. Once they do, they feel great joy in seeing their children successfully take on these solo challenges. Skenazy explains: “The reward for parenting is to let go so you can see what a great job you’ve done, what a great kid you’re raising. The joy is what rewires the parents.”

Bringing Back Play

While offering children more freedom and independence is a central goal of Let Grow, reclaiming childhood play is also a priority. With mounting research showing a link between the decline in play and the rise in childhood mental health disorders, Skenazy and her colleagues feel a sense of urgency in finding ways to bring back free play. The Let Grow Play Club is an initiative to get more schools to open up their playgrounds and gymnasiums for after-school free play. Adults are present to ensure safety, but the goal is for them to stay on the sidelines and allow children of mixed ages to make up their own games, work out their own conflicts, and build important life skills, like collaboration and compromise, through self-directed play. Unlike the Let Grow Project, the Play Clubs have been slower to catch-on. Skenazy thinks this is due in part to the additional, small expense of adult play supervisors, but it’s mostly related to a lack of demand for free play. “We need parents to recognize that these are the skills kids are going to need—resilience, organization, empathy, creativity, negotiation—rather than structured extracurriculars.”

It’s unfortunate, of course, that we need projects and play clubs to grant our children a taste of the freedom and fun we enjoyed as kids. But at a time when children have virtually disappeared from our neighborhood sidewalks and public spaces, efforts to reintroduce children into our communities and let them play should be widely embraced. Those of us who remember the value of an independent and play-filled childhood can be the ones to reintroduce this gift to today’s children.

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Carl Watner: Fundamentals of Voluntaryism (10m)

This episode features an audio essay written by historian Carl Watner in 2006, co-founder of The Voluntaryist, and which comprises Chapter 3 of Everything Voluntary: From Politics to Parenting, edited by Skyler J. Collins and published in 2012. Purchase books by Carl Watner on Amazon here.

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Canada’s Universal Child Care Program Suggests Elizabeth Warren’s Plan Would Be Disastrous for Children

The state does such a stellar job of nurturing and educating children from preschool through high school, we should expand its role from birth onward. That’s the new proposition unveiled this week by US Senator Elizabeth Warren of Massachusetts. On Tuesday, the Democratic presidential candidate outlined a vast federal program of free and subsidized child care for children from birth until school-entry, including creating a network of government child care centers modeled after the federal Head Start early childhood program. Warren states: “Child care is one of those things we’ve got to do for working parents and we’ve got to do for our children.”

The popular idea that the state should do things for parents, rather than allowing parents to do things for themselves and their own children, illustrates the pervasiveness of the welfare state mentality. What is framed as helping families instead strips them of their individual power and autonomy, making them more reliant on, and influenced by, government programs.

Defying Economic Laws Has Consequences

Warren’s program is to be financed through a “wealth tax” on the most asset-rich American households and reportedly assures that all child care workers will earn wages that are on par with those of local public school teachers. Like other attempts at government price-setting, however, the economic impact of such a program would inevitably be to drive up prices, reduce variety and competition, and lead to more widespread shortages.

The intentions of universal, government-funded child care may be good. Supporting children and families is a worthy ambition. But as Nobel Prize-winning economist Milton Friedman warned: “One of the great mistakes is to judge policies and programs by their intentions rather than their results.” We should reject Warren’s proposal both on principle and on consequence.

The results of similar universal, government child care programs are dismal. In 2005, economists with the National Bureau of Economic Research, including Michael Baker of the University of Toronto, Jonathan Gruber of MIT, and Kevin Milligan of the University of British Columbia, analyzed the effects of Canada’s government-subsidized, universal child care program. Similar to Warren’s proposed child care plan, the Canadian program is available to all families—not just those who are disadvantaged. The researchers discovered that demand for child care increased significantly under the government plan, as more parents abandoned informal child care arrangements with family and friends in favor of regulated child care programs.

While demand increased, the researchers found that children’s emotional and physical health outcomes declined dramatically with the introduction of government-subsidized, universal child care. Children in the Quebec program experienced increased rates of anxiety and decreased social and motor skills compared to children elsewhere in Canada where this program was not offered. The researchers write:

We uncover striking evidence that children are worse off in a variety of behavioral and health dimensions, ranging from aggression to motor-social skills to illness. Our analysis also suggests that the new childcare program led to more hostile, less consistent parenting, worse parental health, and lower-quality parental relationships.

Last fall, these economists published updated findings on their analysis of Canada’s universal child care program. Their recent research revealed similarly alarming results of government-funded child care, including a long-term negative impact of the program. They assert: “We find that the negative effects on non cognitive outcomes persisted to school ages, and also that cohorts with increased child care access had worse health, lower life satisfaction, and higher crime rates later in life.” This early institutionalization of children may have enduring, undesirable consequences.

While it’s not clear exactly what is causing the negative outcomes of Canada’s universal, government child care program, the research hints at some possibilities. A primary explanation is that the program funneled more children into government-regulated, center-based child care facilities and away from more informal child care arrangements. There was also a drop in parental care, as the opportunity cost of stay-at-home parenthood rose.

Centralizing Child Care Is Not the Solution

Proponents of universal, government child care programs often tout the expansion of allegedly “high-quality” child care options, suggesting that parental care or other unregulated child care arrangements are subpar. But who determines quality? If Canada’s program is any indication, the government’s definition of “high-quality” child care may, in fact, be harming children.

In his recent article on the economic causes of current child care shortages and correspondingly high prices, Jeffrey Tucker explains that the key to affordable, accessible daycare for all is to reduce government regulation of child care programs and providers and allow parents to choose the child care setting that best suits them and their child. Let parent preferences drive the market for child care options, not government interventions that squeeze supply, devalue informal caretaking arrangements, and unnecessarily raise the cost of stay-at-home parenthood.

We should all heed Tucker’s conclusion: “Daycare for all is a great idea. A new government program is the worst possible way to get there.”

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How to Deal with An Angry Child (19m) – Episode 282

Episode 282 has Skyler giving his commentary on the following topics: an article and 5 step process by peaceful parenting expert Dr. Laura Markham on dealing with an angry child, from AhaParenting.com.

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