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Whatever Schools Teach, Parents Have No Rights
Home School Legal Defense Association (HSLDA) ^ | Michael Ramey

Posted on 08/17/2011 7:54:16 AM PDT by Sopater

Since California Governor Jerry Brown signed SB 48 into law on July 14, the curriculum for California public schools must include “the role and contributions of…lesbian, gay, bisexual, and transgender Americans” in California and American history. Already, those on the left are preparing to defend the law in courts, while those on the right are driving petitions to overturn the law by a ballot initiative.

Why go to all that trouble?

Because the Ninth Circuit Court of Appeals, which has jurisdiction over California and a handful of other states, has already made clear that there can be no opt-outs of anything in the curriculum, even if parents might find it offensive or contrary to their own educational ideals for their children.

Some parents will like this form of education. Other parents will object to it. At ParentalRights.Org our view is simply this: Parents, not government, should be able to make these decisions.

As it is, whatever curriculum California ultimately decides to keep, there will be public school parents who dislike it and who still have no rights under the Ninth Circuit to even opt their children out.

In 2005, the Ninth Circuit declared in Fields v. Palmdale that “[p]arents…have no constitutional right…to prevent public schools from providing its students with whatever information it wishes to provide, sexual or otherwise, when and as the school determines that it is appropriate to do so.”

“In sum,” they wrote, “we affirm that the Meyer-Pierce [fundamental parental] right does not extend beyond the threshold of the school door.”

And it’s not just California and neighboring states, either. In 2007, the U.S. District Court for Massachusetts decided the same thing in Parker v. Hurley: parents have no right to opt their children out of a public school course. Nor are we aware of any decision to the contrary in any Circuit or District in the country since 2000.

So get ready for more legislation and more petitions as parents go back and forth over what all public school children must learn. When parents lack the basic right to simply pull their child out of a single class they dislike, there is no lesser recourse available than to change the entire curriculum for all.

The proposed Parental Rights Amendment to the Constitution can correct this by reversing Palmdale and Parker and re-establishing parental rights for fit parents regardless of their child’s location. Until then, parents will just have to duke it out in the legislature – because what their children learn in public school is entirely a matter of state law, and not of parental discretion.

Sincerely,

Michael Ramey Director of Communications & Research


TOPICS: Constitution/Conservatism; Culture/Society; Extended News; Government; US: California
KEYWORDS: arth; democrats; donttreadonme; education; govtabuse; homeschool; indoctrination; liberalfascism; liberalism; liberals; moralabsolutes; parents; progressives; publiceducation; publicschool; publicschools; sb48; tyranny
In 2005, the Ninth Circuit declared in Fields v. Palmdale that “[p]arents…have no constitutional right…to prevent public schools from providing its students with whatever information it wishes to provide, sexual or otherwise, when and as the school determines that it is appropriate to do so.”

In 2007, the U.S. District Court for Massachusetts decided the same thing in Parker v. Hurley: parents have no right to opt their children out of a public school course. Nor are we aware of any decision to the contrary in any Circuit or District in the country since 2000.

1 posted on 08/17/2011 7:54:21 AM PDT by Sopater
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To: Sopater

Since California Governor Jerry Brown signed SB 48 into law on July 14, the curriculum for California public schools must include “the role and contributions of…lesbian, gay, bisexual, and transgender Americans” in California and American history.....Huh?

And just how much of a contribution is that?.....Is it worth all the effort when kids can’t spell, balance a check book, or do simple math?


2 posted on 08/17/2011 7:58:47 AM PDT by AngelesCrestHighway
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To: Sopater

The whack radical left agenda moves forward.....


3 posted on 08/17/2011 8:00:01 AM PDT by AngelesCrestHighway
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To: Sopater

So will they be adding a LGBT section to the SAT, ACT, GRE, LSAT, etc? I mean, if we can’t opt out, that must mean we’ll be tested on it, right?

*spit* While I have friends in CA, I would just assume see that festering landmass of fetid progressive slime slink quickly into the Pacific.


4 posted on 08/17/2011 8:00:25 AM PDT by rarestia (It's time to water the Tree of Liberty.)
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To: Sopater

Homeschooling or private school seems to be the only answer.


5 posted on 08/17/2011 8:01:21 AM PDT by ilovesarah2012
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To: Sopater
1. HOME SCHOOLING. (Best, in our experience and views)

3. CHURCH SCHOOLING.

2. PRIVATE SCHOOLING.

6 posted on 08/17/2011 8:02:32 AM PDT by John Leland 1789
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To: Sopater

Good luck finding out exactly what schools are teaching. I recently learned that the parent of a child in Holt (MI) schools needs to be finger printed and have a background check before they are allowed into the classroom. I don’t know if that is just the Holt schools or a Michigan thing.


7 posted on 08/17/2011 8:05:52 AM PDT by magslinger (I love that the FR spell check still flags Obama as a spelling error.)
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To: John Leland 1789

Are they going to show Pink Flamingos? Because the premise of the movie is to win a contest as the filthiest family in America.


8 posted on 08/17/2011 8:08:33 AM PDT by massgopguy (I owe everything to George Bailey)
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To: Sopater

Defund them all.

Separate school and state, before it is too late.


9 posted on 08/17/2011 8:10:16 AM PDT by EternalVigilance (In the long run spritzing perfume on the rotting elephant really won't make that much difference.)
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To: Sopater

Why are Christian taxpayers financing this filth to be force-fed to children? Why do Christian parents send their children to anti-God schools to be trained to tolerate evil?


10 posted on 08/17/2011 8:15:27 AM PDT by kittymyrib
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To: massgopguy

Student 1: I know all about Harvey Milk and his achievments.

Asian Student: I know all about science, Math, biology and chemistry. While you’re at it, I’ll take some ketchup with those fries.


11 posted on 08/17/2011 8:17:53 AM PDT by rjsclassics (bringing people together)
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To: Sopater

I hope it gets overturned quickly.


12 posted on 08/17/2011 8:19:10 AM PDT by sigzero
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To: AngelesCrestHighway
And just how much of a contribution is that?.....Is it worth all the effort when kids can’t spell, balance a check book, or do simple math?

It's the only thing worth indoctrinating, then the government fags have a dependent captive voter for life, and the youngsters are vulnerable to the fags and other perverts, for everything they need. It's a design for access to the young including children.

Public school is child abuse.

13 posted on 08/17/2011 8:24:35 AM PDT by Navy Patriot (Holy flippin' crap, Sarah rocks the world!)
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To: Sopater

Maybe they can get all the homosexuals to chip-in and pay California’s debt. Now, there would be a contribution. Oh, sorry, I forgot the homosexuals are the most self-centered, self-serving and self-absorbed group in the world.


14 posted on 08/17/2011 8:25:42 AM PDT by blueunicorn6 ("A crack shot and a good dancer")
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To: Sopater

Who is to decide? The individual (parent), the political panel, the “education czar,” the academic elite, or the majority?

If you want it to be YOUR choice, don’t do public school.

Would you let the govt pick your kid’s vocation? His spouse? His income level? His diet? Why do you let it pick his curriculum? Why do you let it shape his mind?

Think you can’t do better? Think again.


15 posted on 08/17/2011 8:26:39 AM PDT by Lady Lucky
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To: kittymyrib
Why do Christian parents send their children to anti-God schools to be trained to tolerate evil?

Ya got me, I have no idea.

16 posted on 08/17/2011 8:29:02 AM PDT by Navy Patriot (Holy flippin' crap, Sarah rocks the world!)
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To: Sopater

I’m just appalled that a court believes parents cease to be the authority of their children simply because they have entered a school.

So very glad we decided to homeschool.


17 posted on 08/17/2011 8:29:06 AM PDT by HGSW0904
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To: Sopater

www.stopsb48.com

Californians, go there to download petitions and get this referendum on the ballot.

Just getting it onto the ballot stops it from being implemented for now.

If you don’t want to collect signatures, at least download a couple for yourself/your family, sign them and send them in.

I’ve collected over ten signatures easily at church already.


18 posted on 08/17/2011 8:41:26 AM PDT by Persevero (Homeschooling for Excellence since 1992)
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To: Sopater
My wife is a public school teacher in one of the better school districts in Texas and nation as a whole. I went through a public education myself (a better one) and attended public universities through my BS. I went to a private school for my masters.

Here's the “real” problem with public education when government takes over.

Like health care, transportation or anything else, it becomes political once politicians have control. What is taught, to whom, test standards, admission to programs, the hiring and firing of personnel etc all gets distorted through a political process. While not technically corrupt or illegal the system amounts to nothing more than a process of kick backs, score settling, ideologically based gibberish with no concept of a “bottom line” or customer anymore may that be the education itself (the quality of instruction and standards), resource usage or customer orientation (students and parents).

Over the years, all we have witnessed is MORE government, MORE money and in reality a drop in performance. That's why SAT scores are adjusted (They have net fallen over the years), colleges have begun teaching more remedial classes in basic area's. ACT scores have gradually dropped as well. The number of young people graduating with higher math skills or any competency in Chemistry and Physics has declined... Yet we pay more, have more tests, national standards and politicians talking about education more than ever.

Here's what is guaranteed as education becomes just another political instrument for election politics and to make a buck; every social issue and faddy market driven trend will get incorporated into so-called education: green, global warming, contributions of LGBT people, diversity in programs and those selected for them... Yes, your kids will have more tests than ever before, we will spend more money than ever before, they will have all new shiny books, computers and class rooms but most will graduate unable to write a coherent thought in a paragraph (How much has geometry changed in the last years?).

Public education in America = Big business/labor + politics.

19 posted on 08/17/2011 8:49:09 AM PDT by Red6
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To: kittymyrib
>>Why do Christian parents send their children to anti-God schools to be trained to tolerate evil?<<

I would question whether parents who send their children to government schools are really Christian. Surely there will be those who cry affordability hoping for the obligatory sympathetic response. I would simply point out that materialism becomes their true God at that point.

20 posted on 08/17/2011 9:16:46 AM PDT by CynicalBear
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To: Sopater

“In 2005, the Ninth Circuit declared in Fields v. Palmdale that “[p]arents…have no constitutional right…to prevent public schools from providing its students with whatever information it wishes to provide, sexual or otherwise, when and as the school determines that it is appropriate to do so.”

“In sum,” they wrote, “we affirm that the Meyer-Pierce [fundamental parental] right does not extend beyond the threshold of the school door.”

Dear God help us and help our children.


21 posted on 08/17/2011 9:35:07 AM PDT by TEXOKIE (Anarchy IS the strategy of the forces of darkness!)
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To: Sopater

BFL


22 posted on 08/17/2011 9:59:46 AM PDT by filospinato
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To: CynicalBear

What, Christians can’t be lazy and/or uninformed? Lots of people just plain don’t think well. Even Christians!
I wouldn’t call them materialists until they’re killing their “unaffordable” babies, and lots of them do that. :(


23 posted on 08/17/2011 10:46:18 AM PDT by Lady Lucky
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To: Lady Lucky
>>I wouldn’t call them materialists until…<<

You wouldn’t say wanting all the material stuff rather then putting forth the effort to educate their children in a way that reinforces their Christian beliefs isn’t being materialistic? Look at the lifestyles of those Christians who claim they can’t afford to send their kids to a private Christian based school. The ones I know have a fairly new car, large TV or two, and much more that comes before a Christian education.

24 posted on 08/17/2011 10:55:09 AM PDT by CynicalBear
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To: CynicalBear

Seems to me they’re just not thinking clearly. Many prefer habit and custom to thinking. There are plenty of parents who can put their kids through twelve years of public schooling without ever once wondering if it’s the best thing for them. They’re not materialists, just low wattage.
Which is not to suggest that materialism is not a huge problem on earth.


25 posted on 08/17/2011 12:34:09 PM PDT by Lady Lucky
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To: Sopater

When socialist dictate to families, it always works out so well. See Britian for our future. We are not far behind.


26 posted on 08/17/2011 2:03:36 PM PDT by SaraJohnson
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