Supreme Court Case on School Choice, Parental Rights, and Special Education

A coalition of Republican-led states is pushing for the Supreme Court to take up a case with potential nationwide implications for school choice, parental rights, and special education services. In a brief supporting two Massachusetts families, attorneys general from 14 states contend that governments should not force parents to abandon private education by limiting access to educational benefits.

States’ Argument

The states argue that while they aren’t required to create or fund educational benefits, once they do, restrictions shouldn’t force parents to choose between benefits and school choice. They claim Massachusetts is leveraging special education services to direct families back to public schools. Attempts to contact the Massachusetts attorney general’s office for comment went unanswered at the time of publication.

Impact on Families

Special education services are significant for millions nationwide. Over 7 million public-school students receive services like speech and occupational therapy. Many U.S. private schools also serve students with disabilities. This case could decide if states funding services for private-school students must allow them on private campuses, or if families must go to public or neutral locations.

The Hellman Supreme Court Case

The case of Hellman v. Massachusetts Department of Elementary and Secondary Education examines whether children in private schools can get state-funded special education services on their campus. The families involved say Massachusetts forces them to choose between their constitutional right to private education and necessary services.

The dispute involves families whose children, attending Jewish day schools, require special education services. Massachusetts law guarantees these services to children in both private and public schools. The “Place Restriction” policy requires children in private schools to leave their campus for services, which the families argue is burdensome and unconstitutional.

Court Decisions and Appeals

While the U.S. Court of Appeals for the First Circuit recognized the right to choose private schools, it ruled Massachusetts could enforce its policy based on constitutional restrictions on aid to private schools. The families now appeal to the Supreme Court to provide a constitutional safeguard for parental rights in directing education.

Supporting States and Broader Implications

States such as West Virginia and South Carolina lead the brief, supported by Alabama, Alaska, Arkansas, Florida, Georgia, Iowa, Kansas, Louisiana, Montana, Nebraska, South Dakota, and Texas. They assert this case is a significant issue beyond Massachusetts, affecting national debates on school choice and potentially influencing legislations across the nation.

The states involved argue that parents are best placed to decide the educational setting for their children, especially those with specialized needs. They warn that limiting educational benefits to only public school settings could disproportionately affect families seeking religious education.

Massachusetts’ Position

Massachusetts maintains that it does not deny services to eligible children but adheres to constitutional requirements barring public funding for private schools. Services can be offered at public institutions or neutral venues, but not private school campuses.

The First Circuit upheld this view, stating Massachusetts acts within legitimate constraints to comply with its constitution. Various briefs from education-oriented organizations challenge this rationale, arguing the state’s policy unfairly burdens parental choice and indirectly penalizes constitutional rights.

What’s Next?

The Supreme Court has yet to decide on hearing the case. Acceptance could significantly test constitutional protections for educational choice and the boundaries of funding restrictions for private education.