Rebecca Hartzell v. Marana Unified School District, et al.

This Court has held for over a century that the Fourteenth Amendment protects the right of parents to control and direct the education of their children. But other than protecting the decision to choose private educational options for a child, the Court has not determined what it means to “direct” the education of one’s child. Importantly, this Court has yet to answer directly whether the right to educate one’s child is fulfilled by the choosing of a public or private school—a question over which the circuit courts are split. This case therefore presents two interconnected questions, including one involving a circuit split:

1. Whether the fundamental constitutional right of parents to control their children’s education is limited to the right to select a school—as the court below held—or whether parents continue exercising that right even once they have chosen to send their child to a public school, as the Third Circuit has held.

2. Whether there should be a more generalized clearly established requirement for government employees who have plenty of time to reflect on the constitutionality of their actions than the clearly established requirement that applies to cases involving law enforcement officers making split-second, life-or-death decisions.