Should schools be in loco parentis? Cautionary thoughts

ABSTRACT The jurisdiction of schools has long been contested. Initially, under the sway of loco parentis, parents delegated all authority to educators. With ascendency of the common school movement in the 19th century, however, the doctrine confronted reverses. As the student body increased in size and heterogeneity, families no longer spoke with a single voice. The courts granted parental requests for a more determinative role in their children’s education, prohibited schools from giving religious instruction, and guaranteed students some civil rights. This curtailment of school authority has been countered in recent years by the emphasis on educating the “whole child” with schools taking on responsibilities, such as character development and mental health, arguably a home preserve. While acknowledging the large overlap between school and home, I argue they have differing agendas and capacities. Schools stress the collective, cultivating “we-ness” and agreed upon norms, whereas homes cultivate privacy, individualism, and particularistic values; schools stress equality while homes stress equity; schools are constrained in their use of discipline whereas homes take more liberties. In urging schools to circumscribe and differentiate their role, I nonetheless recognize the problems of doing so.