Typically the right to an education falls under the Constitution of a State and in my research they create or appoint an agency that is in “charge” of educating the populace in a given state. It is done for very pragmatic reasons, to develop the people in each state into a level of competence and skills that enable businesses in their state to find employees and grow the financial health and well being for all.
As to “free” look at where your taxes go, children or not. The funding for the school system is added in as a component and whether or not you have children or they have passed through the required educational levels (K-12) you still pay for it.
The question I take away from this is the “lock” the Edutocracy has on “Public Education” Parents should be able to direct the funding allocated to each student for attendance at the school of their choosing. The death grip the Unions have on this vital function prevents the ascendance of alternatives without a parent paying twice or more.
When I lived in Chicago there was a fairly robust “Catholic” run alternative but the funding was from the parents, not the state. People would pay the fee to go their as the education overall was superior and at their choosing the Religious element was included as well.
So it is not free by a casual viewpoint but without it many children did go basically uneducated as the family farm or other vocation at the time did not require it. But consider this, if you think the average person is poorly informed or educated today consider the consequences of leaving it up to the parents who themselves were denied this vital component.
Article VIII, Michigan Constitution
Text of Section 1:
Encouragement of Education
Religion, morality and knowledge being necessary to good government and the happiness of mankind, schools and the means of education shall forever be encouraged
Text of Section 2:
Free Public Elementary and Secondary Schools; Discrimination
The legislature shall maintain and support a system of free public elementary and secondary schools as defined by law. Every school district shall provide for the education of its pupils without discrimination as to religion, creed, race, color or national origin. Nonpublic schools, prohibited aid.
The Michigan Constitution says that the state shall provide each student a free education. It does not say that the student will be educated. The only way a student will be educated is if the student himself desires to be educated and puts fort the effort to be educated. The duty to do so is that of the student and the parents (if any).
Since the onus is on the student to be educated it would be impossible to hold the state responsible for the education of a student and it would be damaging to society to try to do so.
The old adage ‘You can lead a horse to water but you can’t make him drink’ applies.