A 1972 Supreme Court decision about Amish children and education paved the way for homeschooling in the US.

Homeschooling was illegal in some US states until 1993.

Homeschooling's 1970s advocates came from both the left and the right of the political spectrum.

The origins of public education in the US stem from Puritan religious views

The 1647 Old Deluder Satan law reflects Puritan belief that illiteracy allowed Satan’s influence. The law—the first of its kind in the colonies—mandated towns of over 50 households hire a teacher and over 100 support a grammar school.

After public schools were integrated, segregation found a home in private schools

The 1954 Brown v. Board of Education ruling banned segregation in public schools, but it didn’t eliminate the problem: Many white families moved to “segregation academies,” which were private schools founded to skirt the new law

Mahmoud v. Taylor (2025) broadened parents' rights regarding what their children learn in public schools

The case, brought by parents in Maryland, focused on religious objections to books with same-sex and transgender characters in elementary classrooms. The court ruled that the district's denial of parents' opt-out requests violated the free exercise clause of the First Amendment.

Massachusetts passed the first law requiring children to be educated as early as 1642.

Private education offered an alternative for Black Americans

The early public school system was ostensibly designed for all Americans, but it was also racially segregated, offering substandard schools for Black Americans. Some private schools were founded to combat that problem, including St. Frances Academy in Baltimore, the United States' oldest predominantly Black Catholic high school.

Visually explore the federal government's evolving role in education.

In 1976, segregation was outlawed in private schools

Over two decades after Brown v. Board of Education, Runyon v. McCrary banned the segregation academies, forcing them to admit non-white students or shut down.

'Unschooling' advocates believe education should be student-directed, with adults merely providing access to information and opportunities.

School choice allows families to use public funds for private education

Some private school advocates support school choice, a broad policy that provides families with public money (sometimes called “vouchers”) to spend on private education, including religiously affiliated schools.

The earliest colonial schools were often religious

The earliest American schools were far from our notions of “public” or “private”—they were neighborhood institutions, often founded by religious groups, that sought to educate children academically and spiritually.

Homeschooling expanded significantly during the COVID-19 pandemic, with 11% of families homeschooling.

Child labor was widespread until the formation of the National Child Labor Committee in 1904.

Some parents who began homeschooling their children during the COVID-19 pandemic said the experience convinced them it was more beneficial than traditional school.

...and allowed newly arrived European immigrants to maintain their cultures

19th-century public schools often included Protestant spiritual instruction, something that was disturbing for Catholic immigrants from Ireland, Italy, Poland, and elsewhere, who found homes in neighborhood “parochial” schools.

Brandenburg v. Ohio set the modern standard for when speech can be punished as incitement

A Ku Klux Klan leader's conviction for a threatening speech prompted the Supreme Court in 1969 to rule that speech is punishable as incitement only if it is directed at—and likely to produce—imminent lawless action.

Horace Mann was America's leading champion for free, standardized public schooling in the 19th century and helped build the template for the modern public school system.

Tinker v. Des Moines affirmed that students maintain the right to free speech at school

In 1969, the Supreme Court ruled that two Iowa teenagers had the right to wear black armbands to school in protest of the Vietnam War, establishing that students retain First Amendment protections in public schools.

Explore an archive of 'Growing Without Schooling,' the influential homeschooling newsletter published by 'unschooling' advocate John Holt.

Private schools are free to experiment with teaching styles

Because they’re not beholden to national curricula, private school teachers can use different pedagogical approaches, like Harkness, which was developed at New Hampshire’s Phillips Exeter Academy. The method brings students to a large round oval table and encourages them to lead the lesson through inquiry.

Plessy v. Ferguson legalized segregation until Brown v. Board of Education overturned it

In 1896, the Supreme Court upheld racial segregation under the "separate but equal" doctrine, enabling decades of discrimination. This explainer traces how Brown later ruled school segregation unconstitutional and reshaped civil rights law.

Approximately 10% of American K-12 students are enrolled in private schools.

Most states don't require homeschool students to take standardized tests.

A Gilded Age moral crusader convinced Congress to pass a law banning "obscene, lewd or lascivious" materials from the mail that's central to today's debate over abortion pills.

Lemon v. Kurtzman (1971) created a 3-part test for church-state entanglement

In this case, the Supreme Court established a three-part test—requiring a secular purpose, no advancement of religion, and avoidance of excessive entanglement—for laws concerning the Establishment Clause. The test was later effectively sidelined in recent rulings.

The Supreme Court decided that a public school coach's postgame prayers were protected speech

The Supreme Court ruled 6-3 in favor of a high school football coach who had been suspended for kneeling in prayer at midfield after games. The decision shifted away from the Lemon test and toward a more expansive view of religious freedom in the Establishment Clause.

The First Amendment established religious freedom as a constitutional right—a safeguard no other nation had before

Europe had limited religious tolerance for centuries, but always as a privilege granted by rulers who could revoke it. The First Amendment in the United States was unique for the time: It banned the government from interfering with religion, making religious freedom a permanent constitutional limit on state power.

Hear from both sides of the attempt to ban books across the country, which spiked by more than 1,100% between 2020 and 2022

During that period, more than 2,500 titles were challenged across 37 states, with activists targeting books on race, slavery, and gender identity. This CBS report hears from the founders of Moms for Liberty, a teacher removed for giving students access to banned books, and "Maus" cartoonist Art Spiegelman.

A Tennessee teacher was put on trial in 1925 for teaching evolution in a public school

John Scopes was found guilty and fined $100, but the conviction was later overturned on a technicality. Tennessee's anti-evolution law stayed on the books until 1967, when it was finally repealed.

In 1978, lower courts ruled that neo-Nazis had the right to march through Skokie, Illinois

Skokie was home to a large community of Holocaust survivors, making the planned march an extreme test of First Amendment principles. The courts ultimately ruled that even deeply offensive speech remains protected by the Constitution.

The Third Amendment bars the forced housing of soldiers in private homes

The amendment was designed to address a specific grievance of the Colonies and remains the only Bill of Rights provision that has never been directly tested by a Supreme Court ruling on its merits.

Many private schools follow Dewey's experiential learning model

John Dewey is perhaps the biggest figure in American education. He is known for emphasizing active, experiential learning and founding one of the country’s most renowned private schools: the Experimental School, which would later become the Laboratory Schools in Chicago.

Private K-12 schools rely on tuition; colleges rely on funding for research

Tuition, endowments, donors, and grants often fund private schools, allowing them to eschew national curriculum standards. Private colleges and universities also charge tuition, but often rely on federal funding for research.

The Civil Rights Act of 1964 outlawed segregation and discrimination nationwide

The Civil Rights Act, signed into law in 1964, prohibited racial segregation in public accommodations and ended discrimination based on race, color, religion, sex, and national origin in employment, while also strengthening protections in education. It established protections enforced across federally funded programs.

Federal government supports—but doesn't run—K-12 schools

The Department of Education contributes about 8% of K-12 funding and administers targeted grants, civil‑rights enforcement, research, and data collection. Crucially, it is legally prohibited from directing curriculum, personnel decisions, or instructional content, leaving that control to states and districts.

With the help of one photographer who took photos of children at work, child labor in the US was eventually restricted by law in the mid-1900s.