November 9, 1983

The states can and should reasonably regulate all schools, public and private, in order to achieve the best possible balance between the democratic goals of political and civic cohesion on one hand, and religious, intellectual, and cultural freedom on the other.

Educational freedom is threatened today by a single gross presumption: the idea that the state is the sole or superior educator. One can easily see how this presumption threatens educational freedom.

Frank R. Kemerer's response ("Mueller and Nyquist: Highlighting the Economic Consequences," Education Week, Sept. 21, 1983) to my review of Mueller ("The Impact of Mueller: New Options for Policymakers," Education Week, Aug. 24, 1983) seems to overlook the critical difference between Mueller and Nyquist, an earlier Supreme Court decision striking down a multifaceted plan of assistance to children in private schools in New York. The majority distinguished Nyquist and similar cases because the Minnesota tax-benefits plan was open to all families with children in public and private schools. Here is the open door for new plans, whether they be tax deductions, tax credits, or cash grants to families.