Explore BrainMass

Explore BrainMass

    Parental Rights

    This content was COPIED from BrainMass.com - View the original, and get the already-completed solution here!

    I need some research on parental rights so I can write a paper and do a power point presentation. This is our "Hot Topic" in class so please help with the following.

    Provide information and an outline with information about parental right. E.g. parent rights of school children..

    © BrainMass Inc. brainmass.com October 1, 2020, 6:22 pm ad1c9bdddf

    Solution Preview

    Indeed, this is an interesting topic. Let's do an Internet search using the Google search engine to see what we can find. I LOCATED SOME EXCELLENT INFORMATION FOR YOU TO CONSIDER.
    We look at six examples (three related to legal rights of parents and the other three school related - with example 4 being exceptionally informative and in point form)
    Let's take a closer look:
    I need some research on parental rights so I can write a paper and do a power point presentation. I looked on the internet but nothing really interested me. This is our "Hot Topic" in class so an outline with information about parental right would be great. You can even discuss parent rights of school children, it does not matter.
    1. Parental Rights are special "fundamental rights" under the constitution
    Example: (Excerpt)
    In the 1920's, the Court asserted that the right of parents to raise and educate their children was a "fundamental" type of "liberty" protected by the Due Process Clause. Meyer v. Nebraska, 262 U.S. 390 (1923) and Pierce v. Society of Sisters, 268 U.S. 510, 535 (1925). Over the years, the courts have often asserted that parental rights are constitutionally protected such as a parent's "right to the care, custody, management and companionship of [his or her] minor children" which is an interest "far more precious than... property rights" (where a mother had her rights to custody jeopardized by a competing custody decree improperly obtained in another state). May v. Anderson, 345 US 528, 533 (1952). In Griswold v. Connecticut, 381 U.S. 479, 502 (1965), Justice White in his concurring opinion offered "this Court has had occasion to articulate that the liberty entitled to protection under the Fourteenth Amendment includes the right "to marry, establish a home and bring up children," and "the liberty . . . to direct the upbringing and education of children," and that these are among "the basic civil rights of man." (citations omitted). Justice White then added;
    These decisions affirm that there is a "realm of family life which the state cannot enter" without substantial justification. Prince v. Massachusetts, 321 U.S. 158, 166.
    Recently (on June 5, 2000), after nearly 100 year of consistent support for parental rights, the Court stated:
    "The liberty interest at issue...the interest of parents in the care, custody, and control of their children--is perhaps the oldest of the fundamental liberty interests recognized by this Court... [I]t cannot now be doubted that the Due Process Clause of the Fourteenth Amendment protects the fundamental right of parents to make decisions concerning the care, custody, and control of their children." Troxel v. Granville, 530 US 2000 (99-138)
    (Justice Souter) We have long recognized that a parent's interests in the nurture, upbringing, companionship, care, and custody of children are generally protected by the Due Process Clause of the Fourteenth Amendment. See, e.g., Meyer v. Nebraska,262 U. S. 390, 399, 401 (1923); Pierce v. Society of Sisters, 268 U. S. 510, 535 (1925); Stanleyv. Illinois, 405 U. S. 645, 651 (1972); Wisconsinv.Yoder, 406 U. S. 205, 232 (1972); Quilloin v. Walcott, 434 U. S. 246, 255 (1978); Parhamv. J. R., 442 U. S. 584, 602 (1979); Santosky v. Kramer, 455 U. S. 745, 753 (1982); Washington v. Glucksberg, 521 U. S. 702, 720 (1997). As we first acknowledged in Meyer, the right of parents to "bring up children," 262 U. S., at 399, and "to control the education of their own" is protected by the Constitution, id., at 401. See also Glucksberg, supra, at 761.

    Justice Souter then opens the very next paragraph indicating the Constitutionality of parental rights are a "settled principle". In fact, it is a well-established principle of constitutional law that custody of one's minor children is a fundamental right. Santosky v. Kramer, 455 U.S. 745 (1982), Stanley v. Illinois, 405 U.S. 645 (1972). (1)
    Example 2: Federal 'Parental Rights' Amendment (Excerpt)
    The Parental Rights and Responsibilities Act (PRRA) is sponsored in the Senate by Sen. Charles Grassley (R-IA) (S. 984) while on the House side, Representative Steve Largent (R-OK) is the key sponsor of the bill (HR 1946). Representative Largent is the new Of The People Vice Chairman.37 Support comes primarily from conservative Republicans, including presidential hopeful Bob Dole, one of the bill's cosponsors before resigning from the Senate to run for the White House.38 Parental rights language was also included in the Republican National Platform.39 The federal bill, drafted with the aid of longtime Religious Right activist Michael Farris, president of the Home School Legal Defense Association,40 includes language very similar to the Of The People constitutional amendment, but is much more specific than the constitutional amendment, in that it establishes a federal cause of action for parents who believe their parental rights have been infringed, potentially adding thousands of new cases to already clogged federal court dockets.
    Moreover, contrary to its title, the federal proposal delineates "parental rights" to discipline, direct the upbringing and education of the child, and make health decisions, but nowhere in the bill is there language addressing parental responsibility.
    Hearings have been held in both the Senate and the House and the bill passed out of a subcommittee in the Senate, but no full committee votes have been taken. (2 - see more of the clauses of the proposed amendment to parents rights)
    Interestingly, this amendment also touches on the gay rights and the right to education to all children about gay rights and homosexual relationships, etc. this is one of the proposed amendments that would affect all children that is opposed in the next example:
    Example 3: Opponents to Parent Rights Amendments (Excerpt)
    A broad coalition of more than 65 child welfare groups, church organizations and education groups has formed to formally oppose the federal Parental Rights and Responsibilities Act; the coalition's diversity attests to the wide-ranging effect that PRRA would have, if enacted. Coalition members include the American Academy of Pediatrics, American Counseling Association, American Professional Society on the Abuse of Children, Child Welfare League of America, National Association of School Psychologists, National Association of Social Workers, National Black Women's Health Project, National Council of Churches of Christ, National Council of Jewish Women, Anti-Defamation League, Presbyterian Church USA Washington Office, People for the American Way Action Fund, Religious Coalition for Reproductive Choice, National Education Association, American Association of School Administrators, the National PTA, National SAFE KIDS Campaign and the National School Boards Association. (2)
    Parents, teachers, librarians, lawyers, doctors and nurses, church members and health care workers have united in Colorado and around the country to oppose the PRAs and to educate the general public about the dangers behind this seemingly innocuous proposal. The coalition's diversity is itself the best measure of the PRA's potential impact on courtroom and legal protections for children's rights, child abuse reporting, and public school curriculum and education policy. (2)

    Proponents of parental rights initiatives have created a powerful vehicle for attacking public education and state and federal legislation, but so far, no state constitution has been amended to include the PRA. For this reason, the Colorado ballot initiative is the focus of national attention; if voters in that state approve the measure, similar initiatives will surely be introduced in most, if not all, state legislatures in upcoming sessions. Just as Religious Right groups have rallied around the Colorado initiative, the Protect our Children Coalition--whose breadth equals that of the national coalition--has been active in exposing the intent behind the initiative. It is their conviction that once the general public is informed of the purpose, sponsors and consequences of the PRA, the initiative's potential consequences will prompt its rejection by the voters. (2)

    Example 4: Parental Rights in the Schools in California
    Family Involvement (Excerpt)
    This is the Web version of a document developed by the California Department of Education in response to California law that specifies the legal rights of parents to participate in their children's education (Chapter 864, Statutes of 1998).
    In a democracy parents and guardians are encouraged and welcomed to become involved in the formal education of their children enrolled in public schools. This early and consistent parental involvement helps children to do well academically. When this involvement is combined with a partnership between home and school, the student, the school, and the community benefit.
    Parents and guardians of enrolled students have the right to be included in the educational process and to have access to the system on behalf of their children. These rights are outlined in Chapter 864, Statutes of 1998:
    - Classroom Observing
    - Teacher Conferencing
    - Volunteering
    - Student Attendance
    - Student Testing
    - School Selection
    - Safe School Environment
    - Curriculum Materials
    - Student Academic Progress
    - Student Records
    - Standards
    - School Rules
    - Psychological Testing
    - Councils and Committees
    - Policy Development
    Education Code Section 51101(c) notes: "This section may not be construed so as to authorize a school to inform a parent or guardian, . . . or to permit participation by a parent or guardian in the education of a child, if it conflicts with a valid restraining order, protective order, or order for custody or visitation issued by a court of competent jurisdiction." (Chapter 864, Statutes of 1998, Education Code Sections 51100 - 51102)

    Classroom Observing
    Parents have the right to visit their child's classroom to observe activities. The time and date of the visitation must be arranged in advance with the school.
    Teacher Conferencing
    Parents have the right to request a conference with their child's teacher(s) or the principal. Parents should contact the school to schedule a date and time convenient to all participants.
    Parents have the right to volunteer their time and resources for the improvement of school facilities and programs. Parents should contact the school to determine the terms and conditions of this service.
    Student Attendance
    Parents have the right to be notified in a timely manner if their child is absent from school without permission.
    Student Testing
    Parents have the right to be notified of their child's performance on standardized and state-wide tests and the school's ranking on these tests. (Under other state law, parents may request that their child not participate in the statewide tests.)
    School Selection
    Parents have the right to request that their child be enrolled in any school in the district. The district is not compelled to grant the request.
    Safe School Environment
    Parents have the right and are entitled to the assurance of a safe and supportive learning environment for their child.
    Curriculum Materials
    Parents have the right to examine the curriculum materials of the class or classes in which their child is enrolled.
    Student Academic Progress
    Parents have the right to be informed of their child's academic progress in school and of the persons to contact if they wish more information or assistance with their child.
    Student Records
    Parents have the right to access their child's records and to question anything they feel is inaccurate or misleading or an invasion of privacy. Parents have the right to a timely response from the school district about their questions.
    Parents have the right to receive information regarding the academic standards their child is expected to meet.
    School Rules
    Parents have the right to receive written notification of school rules, attendance policies, dress codes, and procedures for school visitations.
    Psychological Testing
    Parents have the right to receive information on all psychological testing recommended for their child.
    Councils and Committees
    Parents have the right to participate as a member of a parent advisory committee, school-site council, or site-based management leadership team in accordance with established rules and regulations for membership. Parents also have the right to attend at least two meetings per year scheduled by the school to get information on school issues and activities.
    Policy Development
    Parents and guardians have the right and should be given the opportunity to work in a mutually supportive and respectful partnership with the school to help their child succeed. The governing board of each school district shall adopt a jointly created policy that outlines how parents and guardians, school staff, and students may share the responsibility for the intellectual, physical, emotional, social development, and well-being of their students. This policy shall include, but is not limited to:
    1. How parents/guardians and the school will help students to achieve academic and other standards.
    2. How the school will provide high-quality curriculum and instruction in a supportive learning environment to all students enrolled.
    3. What parents and guardians can do to support their child's learning environment, including but not limited to:

    Monitoring school attendance
    Monitoring homework completion
    Encouraging participation in extracurricular activities
    Monitoring and regulating television viewing
    Planning and participating in activities at home supportive of classroom activities
    Volunteering at school
    Participating in decision-making processes at school

    Beyond High School
    In addition to the rights described in Education Code Sections 51100-51102, students and parents have the right to be informed of college entrance requirements. It is critically important to know how to assist those students who choose to pursue a college education.
    Students and parents need to know the series of college preparatory classes to take in high school. The minimum requirements vary, depending on the selected college or university. The a-g requirements noted below are submitted by the Regents of the University of California and are, generally, the most rigorous:
    a. An English class every semester of every year for four years.
    b. A mathematics class every semester of every year for three years, including algebra and geometry. Four years are recommended.
    c. Two years of a laboratory science beyond the ninth grade. An additional year is recommended.
    d. Two years of history-social science, which are to include U.S. government, world history, culture, ...

    Solution Summary

    This solution provides information and an outline on parental rights.