Wednesday, October 29, 2025

Misconception #180: "Public" schools support due process

Over the years, I have been writing about misconceptions regarding the schooling process. The purpose of these posts is to explain why I disagree with various comments that I have heard people make about schooling. These are meant as personal thoughts rather than conclusive proof, and I will admit that I'm not always the best at explaining my thoughts. Regardless, I have decided that I should be willing to share these posts when I encounter someone online who makes an argument that I have already discussed.


I have been saying it for years. We are locking away children in mental prisons that deprive them of fundamental rights and freedoms without due process. We are assaulting their mental health. What we are doing to children can and occasionally does have lethal consequences. The deprivation of due process in this environment is a serious concern.

Recently, I have seen arguments against school choice involving due process. Supposedly, private schools do not provide the same support for due process as the government-controlled model. What due process?

From what I can tell, this is a fairly specific argument. Due process is stronger in the public sector in a few very specific circumstances. I have never heard of due process for detention. This appears to only apply to such things as expulsion.

Perhaps legal standards for due process are weaker in the private sector, but accountability is stronger. Keep in mind that they lose tuition if they expel a student. In fact, they are likely to lose that tuition with any questionable acts that drive families away.

From a legal perspective, perhaps private schools do have slightly more leniency. One thing should be very clear. The idea that private schools have the option of moving further away from government-controlled schools' extremely limited due process in very specific instances is not a valid excuse to incarcerate innocent children in potentially lethal environments without due process.

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