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Court says parents not sole providers of kids' sex education
AP ^ | 11/2/5 | DAVID KRAVETS

Posted on 11/02/2005 2:26:45 PM PST by SmithL

an Francisco (AP) --

A federal appeals court on Wednesday dismissed a lawsuit by elementary school parents who were outraged that the Palmdale School District had surveyed students about sex.

While the surveys asked students how often they thought about sex, among other questions, the 9th U.S. Circuit Court of Appeals said parents of public school children have no "fundamental right" to be the exclusive provider of sexual information to their children. The parents maintained they had the sole right "to control the upbringing of their children by introducing them to matters of and relating to sex."

The plaintiffs had sought unspecified monetary damages.

In upholding a lower court that had also ruled against the parents, a three-judge panel of the appeals court here dismissed the case, ruling unanimously that "parents are possessed of no constitutional right to prevent the public schools from providing information on that subject to their students in any forum or manner they select."

(Excerpt) Read more at sfgate.com ...


TOPICS: Constitution/Conservatism; Culture/Society; Front Page News; Government; News/Current Events; US: California
KEYWORDS: 9thcircus; firsttheycameforkids; homosexualagenda; judicialtyranny; nannystate; ninthcircuit; parentalrights; pspl; ruling; sexeducation; sexindoctrination; timetohomeschool
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To: Calpernia

Of course, Mr. Crystal, you have the same shade of hair.


121 posted on 11/03/2005 6:59:05 AM PST by moog
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To: SmithL

"parents are possessed of no constitutional right to prevent the public schools from providing information on that subject to their students in any forum or manner they select."
---

Why government schools should be abolished.


122 posted on 11/03/2005 6:59:06 AM PST by traviskicks (http://www.neoperspectives.com/janicerogersbrown.htm)
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To: moog

This and similar things are occurring around the country.
Do a key word search on FR using homosexual agenda when you have some free time.


123 posted on 11/03/2005 7:01:25 AM PST by tutstar (OurFlorida.true.ws)
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To: SmithL

"..the 9th U.S. Circuit Court of Appeals said parents of public school children have no "fundamental right" to be the exclusive provider of sexual information to their children."

Let's hope this waits until Alito is confirmed, then resurfaces at the Supreme Court. It will be a good "test" case for him and Roberts.

Seual mores are an integral part of ethical and religious behavior. Once the state is permited to interpose itself between a parent and a child on this issue, there is no limit to where it might be taken.


124 posted on 11/03/2005 7:04:01 AM PST by ZULU (Fear the government which fears your guns. God, guts, and guns made America great.)
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To: SmithL

"..the 9th U.S. Circuit Court of Appeals said parents of public school children have no "fundamental right" to be the exclusive provider of sexual information to their children."

Let's hope this waits until Alito is confirmed, then resurfaces at the Supreme Court. It will be a good "test" case for him and Roberts.

Sexual mores are an integral part of ethical and religious behavior and belief. Once the state is permitted to interpose itself between a parent and a child on this issue, there is no limit to where it might be taken.


125 posted on 11/03/2005 7:04:24 AM PST by ZULU (Fear the government which fears your guns. God, guts, and guns made America great.)
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To: SmithL


http://www.freerepublic.com/focus/news/1514815/posts
Appeals Court Declares Parenthood Unconstitutional


126 posted on 11/03/2005 7:05:50 AM PST by Calpernia (Breederville.com)
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Comment #127 Removed by Moderator

To: SmithL
9th U.S. Circuit Court of Appeals

That's as far as I got....

Nothing more needs to be said, IMO.

128 posted on 11/03/2005 7:40:11 AM PST by Osage Orange (Hillary's heart is blacker than the devil's riding boots......................)
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To: moog
When you have some time to kill, check out THIS OLD THREAD.
129 posted on 11/03/2005 7:53:31 AM PST by Lancey Howard
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To: Born Conservative

They recently tried to pass this in RI:

House Bill 5354: An Act Requiring Sex Education for Homeschools and Private Schools


Sponsors:
Representatives Dennigan, Lewiss and Slater


Summary:
This bill would have required homeschool and private school programs to teach sex education from kindergarten through grade 12. The bill died in Committee when it was not heard before the legislature adjourned.


Status:
02/08/2005 (House): Introduced, referred to Health, Education and Welfare Committee.
03/16/2005 (House): Health, Education and Welfare Committee Hearing. Time: Rise of the House (approximately 4:30 PM). Location: Room 135 State House, Smith Street, Providence RI 02903. The Committee continued the bill.


HSLDA's Position:
Oppose.


Action Requested:
No more action is necessary.


Background
1. Rhode Island Law sec. 16-22-4 forbids a school committee from approving a homeschool program unless it provides instruction in "health and physical education." H 5354 changes this by adding a definition of 'health education" which includes many aspects of sexuality.


2. Under H 5354, a school committee would be required to reject a homeschool program if it failed to teach any of the items within the new definition of "health education" or failed to teach any of those items in the manner prescribed by the bill.


3. The Commissioner of Education has stated that school committees can require that students are tested in all areas of instruction. H 5354 would give school committees power to decide what a student would be required to score on a sex education test. If the test did not cover all the required items, or did not cover them in the required manner, the school committee could prohibit the child from being homeschooled again.


4. The bill mandates that sex education is taught in a manner that "does not teach or promote religion." Therefore, the school committee may prevent you from homeschooling if you plan to use the Bible to teach on this subject.


5. Parents of children in "schools" are allowed to opt out of sex education under RI law 16-22-17(c) and 16-22-18(c). However, there is no provision specifically allowing homeschoolers to opt out. Representative Elizabeth Dennigan, the bill sponsor, has expressed a willingness to amend her bill. I have asked her to send me the exact language of the amendment. Until I can review the amendment and determine whether it protects homeschool families, H 5354 continues to be a bill that must be opposed.


6. The bill defines "health education" as:


"education of students in grades kindergarten through twelve regarding human development and sexuality, including education on family planning and sexually transmitted diseases, that: (a) is age appropriate, medically accurate, culturally sensitive and respects community values; (b) does not teach or promote religion; (c) teaches that abstinence is the only sure way to avoid pregnancy or sexually transmitted diseases; (d) stresses the value of abstinence while not ignoring those young people who have had or are having sexual intercourse; (e) provides information about the health benefit and side effects of all contraceptives and barrier methods as a means to prevent pregnancy; (f) provides information on the health benefits and side effects of all contraceptive methods as a means to reduce the risk of contracting sexually transmitted diseases, including HIV/AIDS; (g) encourages family communication about sexuality between parent and child; (h) teaches young people the skills to make responsible decisions about sexuality, including how to avoid unwanted verbal, physical, and sexual advances and how not to make unwanted verbal, physical, and sexual advances; and (i) teaches young people how alcohol and drug use can affect responsible decision making."




130 posted on 11/03/2005 8:04:11 AM PST by ItsOurTimeNow (Freedom OF religion, not freedom FROM religion.)
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To: Lancey Howard

That's a real book? Yikes.


(I know it's a silly question. Of course it is. Sadly, I've seen worse.)


131 posted on 11/03/2005 8:08:33 AM PST by two134711 (Haven't we learned by now not to trust the AP to tell the whole truth?)
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To: BibChr
Reason #4,204,003,589 why we homeschool

Maybe we should compare notes. I'm only up to reason #2,510,213,841. What am I missing? ;-)

132 posted on 11/03/2005 8:13:48 AM PST by two134711 (Haven't we learned by now not to trust the AP to tell the whole truth?)
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To: SmithL; scripter
as i've said before, i no longer sympathize with parents who send their children to government school... when will they get it? the people who run these government schools despise anyone who is Christian and/or conservative...

why keep sending your children to them? they hate us and everything for which we stand...

133 posted on 11/03/2005 8:30:53 AM PST by latina4dubya
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To: Palisades
That's probably too broad a brush. There are good public schools, as well as bad ones.

You're right about that, but why take chances when if you teach your child yourself, you can be assured that your child will get a good education? Even the good schools have some teachers who are bad.

I started homeschooling 15 years ago and my kids are doing very well in college, high school, middle school and elementary school. The first time my kids end up with teachers that I haven't screened first is when they start taking college courses. In those cases, they're old enough to not be indoctrinated and they've acquired the proper learning skills to be able to learn class material when they get a lousy professor. And believe me, that has already happened several times. Thankfully, they've learned how to learn and are not at a disadvantage when this happens.

134 posted on 11/03/2005 8:33:27 AM PST by cantfindagoodscreenname (Is it OK to steal tag lines from tee-shirts and bumper stickers?)
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To: cantfindagoodscreenname
You're right about that, but why take chances when if you teach your child yourself, you can be assured that your child will get a good education?

That assumes every parent would make a good teacher :-) But it's a valid point.

I'm a fan of private schools, personally. I spent all but one of my junior high and high school years in private school. I live in DC, and there is a whole host of good private schools around here. Now, if only we could get the city government to agree to vouchers. Surprisingly, the mayor here seems to be in favor of tenatative steps in that direction.

Pretty much anything would be better than DC public schools. They spend around $13K per student, with disturbingly poor results. There is a street that runs along the border of DC and Maryland. Houses on the North (Maryland) side cost about $100K more, due to the fact that they're in the (excellent) Montgomery County school system.

135 posted on 11/03/2005 9:18:39 AM PST by Palisades (Cthulhu in 2008! Why settle for the lesser evil?)
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To: Palisades
I'm a fan of private schools, personally.

I should have included private schools in my reply to you. The parents have a lot of control over what their children get taught in private schools. :-)

136 posted on 11/03/2005 9:48:20 AM PST by cantfindagoodscreenname (Is it OK to steal tag lines from tee-shirts and bumper stickers?)
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To: cantfindagoodscreenname
The parents have a lot of control over what their children get taught in private schools. :-)

Amazing what a little market force will do. Private school students and their parents are customers, after all.

137 posted on 11/03/2005 9:58:45 AM PST by Palisades (Cthulhu in 2008! Why settle for the lesser evil?)
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To: SmithL
While the surveys asked students how often they thought about sex, among other questions, the 9th U.S. Circuit Court of Appeals said parents of public school children have no "fundamental right" to be the exclusive provider of sexual information to their children.
-snip-
In upholding a lower court that had also ruled against the parents, a three-judge panel of the appeals court here dismissed the case, ruling unanimously that "parents are possessed of no constitutional right to prevent the public schools from providing information on that subject to their students in any forum or manner they select."

And for once the 9th circuit court is correct. Parents of public school children have relinquished the education of their children to the state, to educate as the state sees fit. If the parents want control over their children's education they need to either homeschool, where they control curriculum, send their child(ren) to private school, or they need to get on the inside in the public system where they *might* be able to influence curriculum.

Whatever the case, in each of the options above, the level of parental control lessens with each choice. IMHO, if they want to have control over things like this sex survey and what is taught in school, then they really need to be homeschooling.

138 posted on 11/03/2005 11:45:13 AM PST by Peanut Gallery
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To: moog

It doesn't belong in a school, but that is not the point. The point is that the parents do not dictate curriculum to the public schools. If parents have ~any~ control in the matter it resides in electing school officials to do it for them. PTA *might* be able to influence (big might) schools, but that is at best unreliable.


139 posted on 11/03/2005 11:53:11 AM PST by Peanut Gallery
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To: Arthur Wildfire! March; John O

Actually, you can homeschool just about free, of course that assumes you go to the library for everything you need book-wise. I highly recommend using local libraries. There is also a website called Ambleside online which has free curriculum and a scope and sequence. In addition there is also the Core Knowledge curriculum that is not overly costly.

I use Core Knowledge to supplement, but not as our main curriculum. The things we do are more alongs the guidelines of the Well Trained Mind. The things we do use are relatively cheap compared to what is out there. I picked our curriculum purposefully to be the most cost effective over the longest amount of time, with the best quality material. Nothing we have requires us to purchase the next level, year after year.

The homeschool market is big business. It can be expensive because there are people are willing to spend a lot of money. However, it does not have to be expensive at all. The biggest investment is time.

When I was in the Navy, an Air Force friend of mine, a single mother, homeschooled her 6 year old daughter (the daughter is brilliant, BTW). I have no idea how she did it, but if she can homeschool on a E-5 income, as a single parent, then I think just about anyone can do it.


140 posted on 11/03/2005 12:50:45 PM PST by Peanut Gallery
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