Right to not be Educated?

In the current issue of Ed Week there was a front-page article entitled "Concerned About Juvenile Sex Offenders, States Move to Tighten Their Regulations" that initially failed to catch my eye. What finally made me consider the article was the end of the first sentence which reads as follows:

“several states this year are grappling with the issue of how to balance a student’s right to an education with the threat that such a student may pose.”

I have pondered on several related questions before, namely how much is it the school's (i.e. government's) responsibility to educate someone who doesn't wish to be educated; to keep someone in school who obviously doesn't want to be there; or most generally to attempt to educate all at the expense of some?

My Libertarian instincts tell me it’s not the school’s place to force an education on those who don’t want it (either explicitly or implicitly as judged by their behavior), although my Democratic sensibilities wonder how hard of a line this should be.

I think the main struggle most educators face with this line of reasoning is the fear that the school system has given up on the student; that we just didn't try hard enough. And while I appreciate this drive in teachers, I also think it is sometimes unjustified. Not because the practical concerns are too daunting, but because perhaps what this kid really needs is an education in rights.

In addition to the common problem of myopia when it comes to the relationship between my rights and yours, the right to an education seems to have had an unfortunate side-effect of making our students take school for granted. A view from the outside might be exactly what's needed while reinforcing the limits of personal rights.

Some might ask where these kids will go. Well I would argue not to in school suspension. If a student already lacks an appreciation for school it seems to do little good to not only keep him or her in school but to then take away all the things about school that might be enjoyable or engaging. I have other issues with ISS as well (such as being motivated by $$ tied to attendance), but especially for these situations it seems an inappropriate response.

In sum while public education is a powerful tool, it is also a blunt one. Occasionally our best option to help a student is to let go and allow other social forces to have a try. And just maybe if the education system stepped back more often other social institutions would step up to fill the gap. Our students' rights regarding education simply need a little clarification.