Do parents have a say in what schools teach their kids?
A new battle is shaping up as the federal courts increasingly rule against parental rights while state legislatures seem determined to give parents a choice
BY: Rob Kerby, Senior Editor
preparing students to become engaged and productive citizens in our democracy.’
“In addition, Wolf makes the odious statement that the Parkers’ only options are (1) send their kids to a private school, (2) home-school their kids, or (3) elect a majority of people to the School Committee who agree with them. Can you imagine a federal judge in the Civil Rights era telling blacks the same thing – that if they can’t be served at a lunch counter they should just start their own restaurant, or elect a city council to pass laws that reflect the U.S. Constitution?” the organization said.
The judge concluded that even allowing Christians to withdraw their children from classes or portions of classes where their religious beliefs were being violated wasn’t a reasonable expectation.
“An exodus from class when issues of homosexuality or same-sex marriage are to be discussed could send the message that gays, lesbians, and the children of same-sex parents are inferior and, therefore, have a damaging effect on those students,” he said in his opinion. “Diversity is a hallmark of our nation. It is increasingly evident that our diversity includes differences in sexual orientation.”
In a sharp contrast to his ruling, the legislature in neighboring New Hampshire overrode their governor’s veto to enact a new law allowing parents to object to any part of their child’s school curriculum, reported John Celock, in the Huffington Post. The state House voted 255-112 and Senate 17-5 to enact H.B. 542, which allowing parents to request an alternative school curriculum for any subject to which they register an objection. Gov. John Lynch vetoed the measure, saying the bill would harm education quality and give parents control over lesson plans.
Exactly, said legislators, proclaiming that parents should have the last say.
Under the terms of the new law, which was sponsored by state Rep. J.R. Hoell (R-Dunbarton), a parent can object to any curriculum or course material in the classroom. The parent and school district then determine a new curriculum or texts for the child to meet any state educational requirements for the subject matter. The bill also allows for the parent’s name and reason for objection to be sealed – not made public – by the state.
And so the tug-of-war seems to be shaping up. Consistently, federal courts are ruling that parents have no rights, whereas the state legislatures are specifically giving parents those rights.
“While parents may want extensive curriculum opt-out rights, federal case law makes it clear that parents have no constitutional right to excuse their children from any part of public school curricula, even if the parents’ objection is based on religious or moral grounds,” writes Dr. Tommy Kevin Rogers at the University of North Texas. “Nonetheless, parents continue to express increasing concern and sensitivity about public school curricula, particularly sex education.
Rogers cites the 1995 case of In Brown v. Hot, Sexy, & Safer Productions, Inc., “which dealt with alleged sexually offensive remarks made at a high school AIDS assembly.” In that session, actual