Law Professor at Major University Claims State Is “Ultimate Guarantor” of Children

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Recent comments by a law professor on an episode of “Michelle Malkin Investigates” have caused considerable alarm in the homeschool community.

Jim Dwyer, a law professor at the College of William and Mary, expresses why he believes homeschoolers need more regulations. “The state needs to be the ultimate guarantor of a child’s wellbeing,” he says in the video. “There’s just no alternative to that.” 

Dwyer expresses his belief that the parent-child relationship is a result of the state bestowing legal status to parents in the United States. “That’s the state that is empowering parents to do anything with children; to take them home, to have custody, and to make any kind of decisions about that,” he said. Dwyer’s upcoming book entitled The History and Philosophy of Homeschooling will further his argument as to why he believes the state is the ultimate decision-maker in the life of a child.

These disturbing and radical ideas have been touted by a handful of researchers, journalists, and legislators who believe stricter regulations on homeschoolers will keep children from “slipping through the cracks.” However, states that have tried to restrict homeschool freedom only see their resources wasted, parents unnecessarily burdened, and no difference in test scores compared to those in less restrictive states. More states are starting to realize the negative effects of restricting homeschooling freedom as evidenced by the removal of outdated, arduous homeschooling regulations.

The homeschool community and HSLDA fought hard in the ‘80s and ‘90s to ensure that homeschooling was legal throughout the U. S. And while the challenge then was the legality of homeschooling, opponents have switched tactics call for more restrictions on parents’ rights to educate their children in a way that clearly benefits them.

While many parents are religiously motivated to homeschool their children, the growth of the movement has also added a diversity of reasons why parents choose to homeschool. Parents of special needs children have seen how a safe, nurturing environment have allowed their child to thrive. African-American parents have grown frustrated with the systemic biases against their children and have opted out to teach their children in ways that specifically focus on black history and culture. Children who were bullied by teachers or fellow students are allowed a safe environment to focus on their studies. Additional regulation on homeschooling would do more harm than good—limiting the options for and tying the hands of those who are seeking what is best for their child.

What can you do to push back against these regulations?

First, if you are not a member of HSLDA, you can join today to help us protect the liberties that we enjoy as homeschoolers. HSLDA continually monitors state and federal legislation, lobbies at the state and federal level, and sends out email updates to our subscribers to give them the legislative tools to take action.

Second, you can make a tax-deductible gift to the Homeschool Freedom Fund. Your donation will help us fight against precedent-setting court decisions that could harm homeschool freedom and educate our neighbors and our world about how freedom works—and how to keep it thriving for every child.

Also, we urge you to call your senators to voice your support of the proposed Parental Rights Amendment.

Most importantly, HSLDA encourages homeschoolers to seek out and engage with members of their local community and to be positive ambassadors to people who otherwise have had no experience with homeschoolers.

Article after article has been written by college professors whose negative view of homeschoolers was changed as soon as they had a homeschool student in their classroom. We hope that Jim Dwyer has the same experience!


Photo Credit: Courtesy of CRTV. 

22 thoughts on “Law Professor at Major University Claims State Is “Ultimate Guarantor” of Children

  1. My grown children were game changers for their college professors. We need to send our children out with the admonition to do that. Incredible differences can be made via one kid who acts like an adult among many, many ps’d students who are 22-year-old two-year-olds.

    Liked by 2 people

    • Besides being good ambassadors, we need to remind others that, in this nation, our rights are endowed by our Creator, not by the state. This law professor apparently believes that we live in post-feudal Europe in which “rights” are really privileges bestowed by the government. In a world and nation in which Isaiah 59 is becoming all too relevant a contemporary descriptor, truth needs to be resurrected from the street and justice brought back to citizens.

      Liked by 1 person

      • Thanks, Scott! I appreciate your mentioning this! My kiddos know their Creator and have been taught that all mankind has no rights, but that to live and to pursue contentment and joy are our duties and obligations. And they live up to what and Who they know, living lives of strong contentment and always pursuing the true Source of all joy.


    • Exactly My 21 yo enrolled in a summer math class to work exclusively on passing that class due to her challenges of dyslexia and dyscalcula. She finished 1st in the class. The professor said he was most impressed with how she worked with the other students. He said she had leadership qualities unlike most her age He wanted to know what HS she graduated from. She told him she was homeschooled. He was impressed all over again.

      Liked by 1 person

  2. “Disturbing and radical” are about the kindest thing you could say about Dwyer’s perspective – he is intentionally and forcefully pushing the Leftist agenda to separate children from their parents.


  3. I really dont understand how these so called experts think they should be in charge of our children.Most if not all have trouble doing what they were hired to do let alone decide what is best for our children This has to do with money.When ever someone comes up with these kinds of ideas it makes me very worried because God gave the children(blessings ) to the parents to raise and that should be the end of it unless the parents ask for help.Now days the so called professors are given way to much space on what to teach the kids and gives them the ideas to revolt against their own parents and the laws of the land Thus we have a generation of children that are afraid of words and want to hide in a safe spaces and have cookies and milk while they play with playdough These professors want nap time during school which I believe is developing lazy children with no schedule I have seen so much legislation out there that these so called experts think are the best things since buttered bread and what most folks dont see is if it is so good why then are they exempt from it but we are bound to it No I think these professors that have all these bad ideas should stay out of the mix and do what the real expert ( GOD ) gave us the right to do and that would be raise our children as we see fit so all children will be different and not brainwashed into thinking the state has
    all the right answers


  4. The state doesn’t give anything; it merely takes away. I find it interesting that an American law professor would ignore (not understand, perhaps?) the second sentence of the Declaration of Independence (…all men are created equal, that they are endowed by their Creator with certain inalienable rights…) and that he could be completely ignorant of the fact that the Bill of Rights seeks to strictly limit the government’s power. Our rights aren’t granted by the government. They are given to us by a loving and merciful God.

    Also, I’m so confused as to why an educated person would think that the state is the ultimate (or even a decent) guarantor of a child’s well-being. I shudder to think that this professor believes entities like the foster care system, child protective services and even the public school system are a “safety net”. Any rational person would understand that these are an absolute last resort.

    This has nothing to do with the safety or welfare of children. Rather, it’s about having complete, total control of a society. Pres. Reagan summed this up best when he said that the most terrifying words a person could hear are, “I’m from the government and I’m here to help”.


  5. This man scares me. His philosophy is straight out of an Aldous Huxley novel. Please never stop what you’re doing and make arrangements for HSLDA to continue successfully when you decide to retire.

    May God continue to bless you all and the good work you do in defense of homeschooling that makes it possible for us to raise our children in the freedom intended by the framers of the Constitution.


  6. I am a mother of 3 who has chosen to homeschool. My children started out in the public schools and were severely abused at the hands of the school system. Bullying from peers and teachers and a complete disregard for severe medical issues lead me to protect my children “from” the states school system. Teaching them according to our actual beliefs is an added bonus! Parents were deemed worthy by God himself to care for the needs of our children, therefore we do not require any further “oversight!”


  7. Here is a world leader who believed that the state is the ultimate guarantor of children:

    “The youth of today is ever the people of tomorrow. For this reason we have set before ourselves the task of inoculating our youth with the spirit of this community of the people at a very early age, at an age when human beings are still unperverted and therefore unspoiled. This Reich stands, and it is building itself up for the future, upon its youth. And this new Reich will give its youth to no one, but will itself take youth and give to youth its own education and its own upbringing.”
    – Adolf Hitler, 1937

    Full text of corresponding compulsory attendance law enacted in 1938:

    The above web page translated into English:

    Liked by 1 person

  8. In the earliest years I found it rather an uninformed opinion among Christian parents I asked about their view of home education of their chiidren when they told me they didn’t see why they should home educate their children.

    The “reasons” they gave were along the line of thinking their children were going to be “salt and light ” as they spent hours on end among a peer group which needed the gospel

    Since faith is founded and grown from the knowledge of the scriptures rightly divided this view of children as missionaries was well invented but not based upon the truth of how believers are supposed to become knowledgeable and matured in their faith and life by ongoing teaching and training by the parents as informed themselves by scripture studies themselves 2 Tim 2:15

    Other reasons given for the Christian parents as to why they wouldn’t educate their children at home was concern that they wouldn’t be able to do the job of teaching and preparing their children to complete in the broader culture

    Or they “don’t have the patience”…to which I have had to say that nothing grows your patience and your knowledge of the scriptures like being responsible for your own children’s education….teaching eh training them

    The influences of what the government school’s or even private and some Christian schools who all use to some extent the content and programming of the social gospel of humanism are too much of a torrential downpour of the doctrines which oppose the truth of Gods Word for a child who has not been taught and grown up in the truth

    Peer group which is also uninformed or the teachers of many backgrounds and life styles only confuses and certainly presses the unbiblical world view upon a child unarmed with the truth

    I wonder how many committed adults would be able to stand against such a community of unbelief and contend for the truth

    I’m thinking not many would want to or are ready to do so

    Study of the Bible itself and standing upon sound doctrine is difficult enough in today’s compromising environment and rejection of scriptural doctrine

    The opposition over the years by way of slow working of indoctrination by school curriculum goes way back through the last over one hundred years which many don’t realize ….Day to day activities and making a living has rendered many people without a knowledge or understanding of how our country has gotten to this mess we see

    Home education is another crucible upon which parents are brought to a need to study the Word in order to prepare their children to BE “salt and light ”

    The present education system is not conducive to that end

    Maybe read “The Underground History of America Education ” by John Taylor Gatto


    • Sorry about typos

      I have to use my tiny keyboard on my phone !
      Some corrections include not ” well invented ” but should have read ” well intended”

      Also not “complete” in the culture but “compete”
      Also Teaching AND training ”

      My eyesight and big thumbs just don’t work as well as they used to
      Hope what I did catch helps to communicate my thoughts a bit better

      Thank you!

      Liked by 1 person

  9. If there is no alternative to the state, then there would be no alternative to socialism. Obviously, there is an alternative to the state. It’s called owning responsibility for your choices and for your life. The state didn’t grant me the right to enjoy healthy relations with my wife! The consequences of those relations are a healthy and thriving five-year-old son. The state has no moral right to tell us what we can and cannot do with our son and his education. They should have no legal right. If children are falling through the cracks, that’s a family issue, not a state issue. It’s time to stop punishing those who have the ability because there are those who do not. This is progressivism at it’s absolute worst.

    This gentleman should go play in traffic.


  10. I’m not surprised about this man’s opinion…however, I do agree with Stephanie C. and had a similar experience with the children I adopted. They were at risk children and were bullied (by SLP staff, Behavioral Management Manager, and other children). I accidentally found the “educators” above (I use this term very loosely) had been forcing my child to apologize to the whole the class (without my knowledge) if staff felt his views were not politically correct. This child was an at risk child and had a disability too. Their agenda is far more important than actually even being kind to a child. This school system is known for it’s bullying issues and at high school level teens have comitted suicide. One of the children has never been in govt school and an interim principal called on a Saturday and tried to get me to enroll him. The bullying issue goes back to when my children were in this system and they are 37/38 years of age.


  11. Reblogged this on Lifestyle by Orietta Rose and commented:
    Very alarming words. I’m glad I live in a state where this isn’t the case, however I still always stay on top of local education news. Please do the same, homeschooolers especially! Advocates for independent learning are needed everywhere! Our system isn’t working well; we’re churning out maladjusted depressed little drones instead of self-motivated entrepreneurs.


  12. This is the same man that pushes the gay marriage agenda, etc. He states he is a child advocate yet thinks its appropriate for a child to be raised in a gay marriage home which could be extremely confusing and is a twisted view of what a marriage truly is. The government has now declared that they are the only true gods and have redefined marriage. This is just the beginning. They will not stop over-ruling the one true God taking rights from the citizens; taking rights from parents. Jim Dwyer is on a mission for total destruction of the family so the government can have complete control. That about sums it up.


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