Archive for the ‘legal rights of parents’ Tag

Utah Teacher: Gag Order on Teachers Hurts Students, Keeps Parents in the Dark about Tests   1 comment

Wake up, Utah parents.

Diane Ravitch recently posted a letter from a Utah teacher who tried to let parents know that they ought to opt children out of the Common Core AIR/SAGE standardized tests.  The teacher said that she was stopped, and was told she was not allowed to tell parents that they have a legal right to opt out.  The state would take disciplinary measures against the teacher’s license, she was told, if she continued to tell parents the truth.

The teacher wrote, “So how do parents even know what is being done to their children?”  They don’t.

Read the teacher’s letter here: Utah: AIR’s Absurdly Long Common Core Tests.

Alyson Williams at Utah State Capitol: “The Fistful of Flowers They’ve Shoved in My Face”   5 comments

Utah parent Alyson Williams gave permission to share the following speech which she gave at last week’s Common Core informational meeting at the Utah State Capitol. Dozens of legislators as well as parents, teachers, students and school board members heard this speech.

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I was reading recently about George Washington as a child. I’d heard the story of the cherry tree and his father, but there was another story with his mother that was new to me.

His mother had a prized peony bush. One day, with the sweetest of intentions, George picked some of the flowers and presented them to his mother. He was surprised when she was angry. Young Washington learned that actions taken with good intentions still have consequences.
I think there are those who brought Common Core to Utah with good intentions. But they seem to not understand that in making decisions that affect my children, they are in my garden, messing with my flowers.

In response to the complaints of Utah parents about the way Common Core came into our State, Board Member Dave Thomas wrote last week that we are “late to the party.”

I think that is like a policeman telling someone who’s house has been robbed that it’s their own fault because they weren’t home at the time of the theft.

The truth is I was home – but while I was watching the front door, the thieves snuck in the back door… and the the policeman is the one who gave them the key.

The Utah constitution gives authority to the State School Board to set academic standards. It does not say that they can outsource a role we entrusted to them to the National Governors Association who outsourced it to another group of so called experts. No meeting minutes, no public records, no obligation to even respond to the input of anyone who submitted it, including any input from our school board. As a parent and a taxpayer, this process cuts me out completely.

And now they’re surprised that I’m not pleased with the fistful of flowers they’ve shoved in my face. They only want to talk about how pretty the standards are.

When George Washington’s father learned about the flowers, he took the opportunity to help his son reflect on how his desire to be helpful didn’t change the fact that he’d done something he had no right to do.

There is no such thing in the Constitution as a council of governors or chief state school officers. Comparing best practices is one thing, but Governors working together to jointly address issues that affect the whole nation is not a legitimate alternative to Congress, our national representative body. If every state, or even most states have the same standards, we have de facto national standards. Those who brought Common Core to our nation, state-by-state, had no constitutional commission to do what they did. It’s a role they assigned themselves, and they did it in a way that circumvented constitutional representative processes.

So why am I talking to you, members of the legislature? I don’t want the legislature to act as a school board, or to set standards, but when the State executive branch or State school board act outside of their enumerated powers or try to delegate those powers to others who have no obligation to Utah voters, I think they should be held accountable. Isn’t that what the checks and balances of our Constitutional Republic are all about?

For me this is not only about my children’s education it’s about preserving the kind of constitutional government I hope they will inherit when they have children of their own.

According to our laws the role of the state is supposed to be secondary to that of parents, but as I’ve sought answers to my concerns in various meetings I’ve been dismissed, told I’m not an expert, been given Utah history lessons, and told that it’s a complicated issue in terms of the law. For me it is really simple: “These are my kids, it’s my garden! If you want to even get near my flowers you’d better come to the front door and ask!”

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What a powerful, important speech. Thank you, Alyson Williams.

Morgan Olsen: Parental Rights to Review Curriculum and Surveys   2 comments

The reason I’m reposting this article is that there are many things happening in schools that parents may not feel comfortable with, but most do not speak up because they don’t know their rights over their own children.

Many schools administer something called the “SHARP” survey.  Locally, here in Heber City, it’s done in schools.  But you can opt out.

SHARP is an in-your-face survey that asks very detailed, intimate, and intrusive questions, without attaching names to the results. So what could be wrong?

Proponents of “SHARP” or “Communities That Care” or other survey-based youth data collection instruments claim that the survey is a necessary way to assess whether children are involved in drugs, sex, alcohol, violence, or mental ill health.

Others say that these types of surveys may do more harm than good, by introducing children to the ideas of many deviant behaviors they would otherwise not have known about, and/or should be learning about from their parents in a loving, trusting environment rather than on a bubble sheet in a classroom.   Others also say that embedded in the language of the surveys are values that may not match those of the parents.  (For example, some surveys I have seen do equate gun ownership with gun violence rather than realizing that many homes have guns for protection, hunting and to demonstrate 2nd Amendment rights.  See: https://whatiscommoncore.wordpress.com/2012/09/20/10-reasons-not-to-adopt-communities-that-care-ctc/ )

Children may not have the courage to tell school staff they would like to opt out, but you can send your school a letter to let your wishes be known at the beginning of the school year. Then your child will not be allowed to take the survey.

With that intro, here is Morgan Olsen’s article on your parental rights, with links to laws you can point to when you go to your school district with concerns.

What are my parental rights?

Published at Utahns Against Common Core website January 24, 2013. | By Morgan Olsen  |  Reposted here with thanks to Morgan Olsen.

http://www.utahnsagainstcommoncore.com/what-are-my-parental-rights/#comment-3322

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.

~Morgan Olsen

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