charles_j_russo@hotmail.com Introduction On reading the draft recommendations, and at the risk of belying my American heritage, two important statements from the United States Supreme Court come to mind as an initial concern. The first quote is from Pierce v. Society of Sisters of the Holy Names of Jesus and Mary wherein the Court essentially upheld the right of non-public schools to exist. In this context, and recognizing the rights of parents, the Court reasoned that the child is not the mere creature of the state; those who nurture him and direct his destiny have the right, coupled with the high duty, to recognize and prepare him for additional obligations.”1 The second statement comes from the most important education case that the United States Supreme Court ever decided, maybe its most important of all time, Brown v. Board of Education. In striking down segregated schools based on race in 1954, the Court acknowledged that “education is perhaps the most important function of state and local governments.”1 Still, a tension arises as public