What is Balancing Students' Right to Education Against Public Health?

In the U.S. context, students don’t have a “right” to education. A right in the U.S. Constitutional sense is a limit on the power of government. We have a right to free speech because we have limited the power of the government to constrain speech. We have a right to trial by jury because we have limited the power of the government to try and sentence us on its own.

For students to have a “right” to education, we would have to empower the government to conscript teachers against their will. Instead, what we have in the U.S. is local people who voluntarily tax themselves to provide students with an opportunity for an education at no cost to the student. We choose to do this because we believe it is healthy for our economy and our democracy. Some students may squander this opportunity, while others take full advantage of it, but it is not a “right” in the traditional sense. State constitutions in many cases make it a universal opportunity, but this does not mean every student has an inherent right to it.

Responsibilities Associated with Educational Opportunities

Even if it were a “right,” all rights come with responsibilities. We have a right to trial by jury and thus we have a responsibility to serve on a jury when called. We have a right to free speech, and consequently, we have an obligation to speak responsibly and in a way that advances the common welfare as we see it.

Students, on the other hand, are given a great opportunity and somewhat equal access to education by the people of their community. With this opportunity comes a responsibility to that community: to use that education well to support the community and to serve and protect that community, including its public health when called upon.

Impact of Pandemics on Education

As with all pandemics, life is disrupted horrifically and people die needlessly due to avoidable exposure. Students’ rights to education stop at the water's edge. Forcing teachers and administrators to work in perilous conditions is immoral and untenable.

There is some good news, however. We live in a time of digital and virtual communication that allows for Internet-based instruction. Until the pandemic is over, this is the best solution we have got. Educators and policymakers must work together to ensure that students can continue their education safely and effectively, even in the face of public health crises.

Ultimately, the balance between students' educational opportunities and public health comes down to ensuring that the education system is resilient and adaptable. By embracing technology and fostering responsible behavior among students, we can protect public health while continuing to provide quality education.

Keywords: education rights, public health, student responsibilities