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What are my parental rights?

When faced with incorrect school policies and practices, parents can easily feel overwhelmed and powerless. Throughout my Common Core research, I have gathered a few tidbits of law that can help you re-establish your parental rights in the education of your child. Exercise regularly your God-given right to advocate for your child’s best interest, and remind schools and government agencies that your child’s unique needs are better served with a parental representative over a hired one. No amount of social planning, exorbitant spending or teacher training can provide a better representative than an emotionally attached lifelong parent who’s most basic instinct and sacred duty is to lovingly protect, nurture, and guide their child. Regularly claim your God-given right and duty to advocate for your child’s best interest as their primary representative. For as the old saying goes, “Use it or lose it.”

 

FEDERAL LAW

Right to review Curriculum (United States Code, Title 20 1232h)

1232h Protection of pupil rights

(a) Inspection of instructional materials by parents or guardians

All instructional materials, including teacher’s manuals, films, tapes, or other supplementary material which will be used in connection with any survey, analysis, or evaluation as part of any applicable program shall be available for inspection by the parents or guardians of the children.

 

Limits on Survey, Analysis, Evaluations, or Data Collection (United States Code, Title 20 1232h)

(b) Limits on survey, analysis, or evaluations

No student shall be required, as part of any applicable program, to submit to a survey, analysis, or evaluation that reveals information concerning—

(1) political affiliations or beliefs of the student or the student’s parent;

(2) mental or psychological problems of the student or the student’s family;

(3) sex behavior or attitudes;

(4) illegal, anti-social, self-incriminating, or demeaning behavior;

(5) critical appraisals of other individuals with whom respondents have close family relationships;

(6) legally recognized privileged or analogous relationships, such as those of lawyers, physicians, and ministers;

(7) religious practices, affiliations, or beliefs of the student or student’s parent; or

(8) income (other than that required by law to determine eligibility for participation in a program or for receiving financial assistance under such program), without the prior consent of the student (if the student is an adult or emancipated minor), or in the case of an unemancipated minor, without the prior written consent of the parent.

 

Here is a brochure to help teach your children to say NO to these types of questions.

 

United States Code, Title 20 1232c

(c) Surveys or data-gathering activities; regulations

Not later than 240 days after October 20, 1994, the Secretary shall adopt appropriate regulations or procedures, or identify existing regulations or procedures, which protect the rights of privacy of students and their families in connection with any surveys or data-gathering activities conducted, assisted, or authorized by the Secretary or an administrative head of an education agency. Regulations established under this subsection shall include provisions controlling the use, dissemination, and protection of such data. No survey or data-gathering activities shall be conducted by the Secretary, or an administrative head of an education agency under an applicable program, unless such activities are authorized by law.

 

UTAH LAW

Activities prohibited without prior written consent (Utah Code Title 53A Section 302)

 (1) Policies adopted by a school district under Section 53A-13-301 shall include prohibitions on the administration to a student of any psychological or psychiatric examination, test, or treatment, or any survey, analysis, or evaluation without the prior written consent of the student’s parent or legal guardian, in which the purpose or evident intended effect is to cause the student to reveal information, whether the information is personally identifiable or not, concerning the student’s or any family member’s:
(a) political affiliations or, except as provided under Section 53A-13-101.1 or rules of the State Board of Education, political philosophies;
(b) mental or psychological problems;
(c) sexual behavior, orientation, or attitudes;
(d) illegal, anti-social, self-incriminating, or demeaning behavior;
(e) critical appraisals of individuals with whom the student or family member has close family relationships;
(f) religious affiliations or beliefs;
(g) legally recognized privileged and analogous relationships, such as those with lawyers, medical personnel, or ministers; and
(h) income, except as required by law.
(2) Prior written consent under Subsection (1) is required in all grades, kindergarten through grade 12.

 

Here is a brochure to help teach your children to say NO to these types of questions.

 

Right of the Parent to raise their child without undue government interference (Utah Code Title 62A Chapter 4a Section 201)

  (1) (a) Under both the United States Constitution and the constitution of this state, a parent possesses a fundamental liberty interest in the care, custody, and management of the parent’s children. A fundamentally fair process must be provided to parents if the state moves to challenge or interfere with parental rights. A governmental entity must support any actions or allegations made in opposition to the rights and desires of a parent regarding the parent’s children by sufficient evidence to satisfy a parent’s constitutional entitlement to heightened protection against government interference with the parent’s fundamental rights and liberty interests.
(b) The fundamental liberty interest of a parent concerning the care, custody, and management of the parent’s children is recognized, protected, and does not cease to exist simply because a parent may fail to be a model parent or because the parent’s child is placed in the temporary custody of the state. At all times, a parent retains a vital interest in preventing the irretrievable destruction of family life. Prior to an adjudication of unfitness, government action in relation to parents and their children may not exceed the least restrictive means or alternatives available to accomplish a compelling state interest. Until the state proves parental unfitness, the child and the child’s parents share a vital interest in preventing erroneous termination of their natural relationship and the state cannot presume that a child and the child’s parents are adversaries.
(c) It is in the best interest and welfare of a child to be raised under the care and supervision of the child’s natural parents. A child’s need for a normal family life in a permanent home, and for positive, nurturing family relationships is usually best met by the child’s natural parents. Additionally, the integrity of the family unit and the right of parents to conceive and raise their children are constitutionally protected. The right of a fit, competent parent to raise the parent’s child without undue government interference is a fundamental liberty interest that has long been protected by the laws and Constitution and is a fundamental public policy of this state.
(d) The state recognizes that:
(i) a parent has the right, obligation, responsibility, and authority to raise, manage, train, educate, provide for, and reasonably discipline the parent’s children; and
(ii) the state’s role is secondary and supportive to the primary role of a parent.
(e) It is the public policy of this state that parents retain the fundamental right and duty to exercise primary control over the care, supervision, upbringing, and education of their children.

 

(This law goes into great detail and has a few loopholes; click here to see more)

~Morgan Olsen

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