Did you know that there are 15 parental rights in the U.S. based on the U.S. Constitution’s 10th Amendment? This article explains the polarization of parent rights in education, role of Government in education, a typical elementary school curriculum, and a full list of parental rights.
The Polarization of Parent Rights In Education.
Many times from the media and press, the topic of parent rights in education is very polarizing in regard to Government versus parent’s rights. Whereas on one extreme the Government should make all decisions in regard to a children’s education. Then the other extreme is where parents should have complete say in their child’s education. There are some legal decisions that have extremely limited parents’ rights. For example in 1979, the Supreme Court held, “…that governmental power should supersede parental authority in all cases because some parents abuse and neglect children is repugnant to American tradition.” Of course most parents are loving and nurturing their children, and the Government does recognize parents rights.
Government’s Role In Education in United States.
In the U.S. it is the states and local government that are most involved in education. In particular, the U.S. Constitution’s 10th Amendment reserves certain powers to the individual states. Moreover, these powers include regulating schools. Over the years these powers have allowed individual states the freedom to try out and evolve different ideas in regard to the education of our children. Indeed, the 10th Amendment has enabled individual states to be “laboratories of democracy” to include the continuous evolvement of educational norms in the U.S.
What Is A Typical Elementary School Curriculum?
It is generally accepted that elementary schools provide the educational basics of reading, writing, and arithmetic. Additionally, there is an introduction to natural and social sciences, health, arts and crafts, and physical education. Moreover, elementary schooling is also where children learn to socialize with their peers and the child creates an identity with the community and nation. Also, in the continuous evolution of educational norms some states stretch and test educational norms that create controversy. For example, these controversies can range from allowing parents more rights to government deciding on new norms for the education of children (ex. voucher programs, teaching sexual identity, and so on).
See Stateuniversity.com’s History of Elementary Education for more of the foundation and development of the elementary school system in U.S.
15 Parent Rights in Education, A Legal Perspective.
Over time the legal rights of parents and children have evolved in regard to education. Namely, governments have provided these rights through legislation and judicial opinions. Hence, parents definitely have rights when it comes to education. As the Court wrote in Pierce, “those who nurture [a child] and direct his destiny have the right, coupled with the high duty, to recognize and prepare him for additional obligations.” To list, parents as well as children have the following rights within the U.S. public school system.
1. Children Have The Right To A Free Public Education.
School systems offer every child a free kindergarten through twelfth grade public education.
2. You Can Opt Out Your Children Out of Public School.
Children can attend private school which usually require a tuition. Home schooling is also an option in all 50 states.
3. Special Needs and Disabilities Education Is Free.
All students who qualify for special education can receive it at no cost to their parents.
4. Any Immigrant Child Can Get A Free Education.
U.S. Supreme Court decided this in 1982.
5. Your Children Have The Right To Not Be Discriminated Against.
This right follows along the same laws as for adults.
6. Children Have The Right To Be Taught in English.
This became a right in 1974 based on the reasoning that children could not fully participate in American society unless they knew English.
7. Children Will Be Safe in Schools.
Many state laws require schools to provide a safe and supportive learning environment.
8. Your Child Has The Right To Freedom of Speech and Religion.
State laws forbid public education funds to be spent on religion. At the same time, children’s freedom of speech and religion are protected under the First Amendment of the U.S. Constitution.
9. School Systems Will Keep Parents Informed.
Under the Family Educational Rights and Privacy Act (FERPA, 1974), parents have the right to inspect and get updated their child’s educational records at the school. Also, parents have the right to have their child’s education records sent to another school in a timely manner.
10. Schools Will Teach Evolution To Children, Not Creationism or Intelligent Design.
In 1968, the Supreme Court decided that evolution was a scientific fact and it is now part of Common Core curriculum adopted by 41 states.
11. Parents Can Opt Out Their Children From Sexual Health Education.
If parents request, they can have their children opt out of sexual health education.
12. Parents Can Opt Out Their Children From Standardized Testing.
The Every Student Succeeds Act (ESSA) allows parents to refuse testing.
13. Children Have A Right To Privacy.
Children have a right to privacy. In some circumstances, students can be asked to answer non-academic questionnaires such as questions about religion, family life, or mental health. A child can be opted out to participating in these non-academic type of questioning.
14. School Systems Can Fire Bad Teachers.
State laws and district polices support removal of awful teachers.
15. Children Can Participate in Student Athletics.
Children have many Constitutional rights when it comes to playing sports in public school. This includes participating equally, safely, and protection from discrimination to name a few.
See Great School’s Organization’s 15 Rights Parents Have in Public Schools for more details on student and parent rights in education.
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