Because they know that the conservatives wont push it or sue.
Smartest thing that all conservatives could do is to put together school groups, pull their children out of their local schools and high schools and refuse to participate. Teachers would have to be laid off. the systems would crumble. Taxes would lower.
And the state would come after those home schooled and force them back into public schools. Here in WA the state boasts of how well their students are doing; well yeah, because they’ve factored in home schooled kids You remove them from the equation and the academic grade plummets.