Parents have a constitutional right to control the upbringing and education of their children, but the extent of this right in public schools is unclear. Whether the right allows parents to receive prior notification of instruction or opt-out rights in public schools is the subject of a circuit split. Some circuits, such as the Third Circuit, embrace a broad view of the right and hold that it does. Others, such as the Ninth Circuit, take a narrower view and hold that it does not.
Recently, amid this decades-old debate, the COVID-19 pandemic tore through schools and upended day-to-day life. This Note explores the impacts of the pandemic’s disruptive effects on learning, development, and school administration, emphasizing how significant negative consequences persist years after the pandemic has receded.
As a practical matter, a broad view of the parental right in schools is poor policy. It would hamper students’ learning, pile additional burdens onto already-beleaguered schools and teachers, and open schools up to costly litigation. The narrow view avoids these issues and thus presents a better framework for students to recover from, and surpass, the learning deficits caused by the pandemic. Additionally, this Note explains how a broad view of the parental right in public schools is inconsistent with Supreme Court jurisprudence and the history of American public education.
This Note argues that COVID-19’s enduring effects on students, teachers, and schools demand that the Supreme Court promptly resolve this split in favor of a narrow view of the parental right in public schools, as this approach is best supported both by policy and the Constitution.
* J.D. Candidate, 2025, University of Illinois College of Law; B.A., 2020, Bates College. I owe a deep gratitude to Professor Jim Fessler for his invaluable guidance, feedback, and mentorship throughout this process. I would also like to thank the University of Illinois Law Review staff, editors, and members for their work on this Note and the 2025 volume. I dedicate this Note to my father, John, my mother, Jeanne, my sister, Margaret, and my brother, Sam. Their support means the world to me.
The full text of this Note is available to download as a PDF.