This spring, families across the United States made important school enrollment decisions for their children for the coming year. Many considered options from the nearly 30,000 private schools in the U.S., including independent schools and parochial schools; coeducational and single-sex schools; boarding and day schools; religiously affiliated and nonsectarian schools; small and large schools. They walked through classrooms, playgrounds, fields, and performing arts centers and considered which programs, values, and communities would be the best fit for their families.
This ability for families to choose the best school for their children wasn’t always a given. In fact, it was a right affirmed in a landmark Supreme Court decision made 100 years ago. In June 1925, in the case of Pierce v. Society of Sisters, the Court unanimously ruled that an Oregon law requiring children to attend public schools was unconstitutional, on the grounds that it violated the liberty of parents to choose the educational path for their children.
This case is essential to the story of the enduring and expanding K-12 private school landscape in the U.S. over the last century. It is also foundational to how we talk about the importance of “independence” in independent schools.
What Independence Means
When independent school leaders articulate to prospective school families what the “independent” in independent schools means and why it’s important, they may start by explaining the elements of this independence, such as:
- Missions that are independently determined.
- Independent boards of trustees to govern the schools.
- Independence in their financial operations. They are primarily supported through tuition payments and charitable contributions and receive very limited, if any, funds from government entities.
In practice, these elements of independence allow schools to design curriculum and programming, admit students, and hire faculty—all based on their specific missions and their carefully identified criteria for excellence. Prospective families visiting independent schools see all of this come alive when they see students engaged and thriving within the communities that these elements of independence have created.
Independence comes with tremendous responsibility and accountability. Independent schools are committed to continuous institutional growth through rigorous, state-approved accreditation, in addition to ensuring they remain accountable to their communities. Boards of trustees take on the significant duties of establishing overall policies and financial planning for the school. And leadership teams dedicate themselves to excellence every day in building communities that foster care and opportunity.
At a national level, NAIS articulates and advocates for these elements of independence. We highlight how the unique nature of independent schools expands options for families and enables our schools to implement innovative educational programs and practices that ultimately benefit all students across all schools.
The freedom and accountability embodied in the independent school model are the source of its strength. And the plurality of educational options is a source of strength for the country’s educational system as a whole. So, it is valuable, I think, to understand a 100-year-old legal milestone that underpins educational independence.
Legal Foundations of Educational Independence
The Pierce vs Society case centered around Oregon’s Compulsory Education Act. In 1922, Oregon citizens voted for an initiative that removed an exemption in the state law, which allowed students to attend private schools. This amendment came amid growing concerns after WWI about the influence of immigrants on America.
There were two cases, brought together to the Supreme Court—one by a Catholic organization called The Society of Sisters of the Holy Names of Jesus and Mary, and one by Hill Military Academy, a nonsectarian private school. The lawyers representing the two organizations argued their cases on different grounds. The Sisters’ primary argument focused on First Amendment rights, particularly the right to practice one’s religion, while Hill Military Academy’s primary argument was based on Fourteenth Amendment rights regarding protection of property and business.
Ultimately, the Court struck down Oregon’s law. Particularly interesting is the language of the Court’s opinion, which addresses the choices and liberties of both parents and schools. It held that the Act “unreasonably interferes with the liberty of parents and guardians to direct the upbringing and education of children under their control.” And that enforcing the Act would cause irreparable harm to the business and property of private schools.
In other words, the decision upheld parents’ right to make educational decisions for their children, alongside schools’ right to exist and operate. These two critical elements are foundational to parents’ ability to choose their children’s educational settings and to the constitutional protection private schools still have today. Taken one step further, the independence of curriculum, program, and operations that independent schools enjoy are, in part, the result of this case.
More Schooling Options, More Opportunities
Today’s private school landscape is significant not only in numbers—about 10% of children in the U.S., or about 5 million, are educated in private schools—but in the range of options it represents.
The last quarter century has seen tremendous change in the K-12 school landscape in response to external shifts, changing family needs, and possibilities brought about by innovation. Homeschooling has grown, microschools have emerged as a newer option, and, within public schools, charter schools have become more popular. The COVID-19 pandemic accelerated shifts already underway, prompting more parents to consider options beyond public schools.
Even within the independent school sector, the range of school options has increased significantly. From a small, progressive, nonsectarian coeducational school to a large, traditional, religiously affiliated, single-sex school, families today can find an option that matches what they are looking for.
Access to independent schools is also greater than ever before. This is partly due to a growing number of pathways available, including financial aid and access programs. Additionally, independent schools have committed to prioritizing access for all students. Supporting schools in their work to expand access to opportunities and to create diverse and inclusive environments where all students and adults can feel a sense of belonging is core to NAIS’s mission and values.
The continually expanding range of school types—and access to them—means that parents can find schools that best fit the needs of each child and their family. The Pierce v. Society case helped to ensure both this range and this choice.
