[ARTICLE] Parents' Bill of Rights in Education
"Should parents have rights to control the education of their children by schools?"
In recent years, several US states - and now the House - have enacted what is known as a "Parents' Bill of Rights." This set of laws is intended to outline the rights of parents in the education and healthcare of their minor (under 18) children, and to restrict the authority of state and local governments to interfere with those rights. However, the idea of a Parents' Bill of Rights has sparked controversy and inflamed the existing ‘culture war’ raging in the USA over issues of race, gender and the proper limits of government powers. Supporters argue that the bill is an essential step for parents’ rights, and opponents claim it is unnecessary and potentially harmful to children and society. While it is unlikely the Bill will find support in a Democrat-controlled Senate in 2023, the issue will likely remain a major area of debate and controversy leading up to the 2024 election.
Background
The concept of a Parents' Bill of Rights has been around for several decades, but it has gained momentum in recent years as more states have taken up the idea. The first state to enact such a law was Florida, in 2015. Since then, several other Republican-led states, including Arizona, Michigan, North Carolina, and Texas, have passed similar legislation.
However, on Friday 24 March 2023, Republican majority in the U.S. House of Representatives passed The Parents Bill of Rights (213-208 vote.) For the first time on a federal level, the Bill would codify federal education law to give parents rights to:
Know what's being taught in schools (including reviewing reading and teaching materials).
Receive advance notice prior to medical or mental health screenings;
Expect a mandated standard number of parent-teacher meetings;
Challenge curriculum or materials they disagree with
See school budgets and understand how schools spend money.
Protect a child's privacy by preventing schools from selling information about students
Receive updates on any violence at a school.
The Parents Bill of Rights Act amends two federal education laws – the Elementary and Secondary Education Act and the General Education Provisions Act – to allow parents to review certain materials and activities in classrooms.
However, the law still needs to be passed by the Democrat majority-held senate to enter into law. This will be challenging, as it is strongly opposed by all democrats and five republicans (from both the moderate and libertarian wings). In fact, President Joe Biden and Senate majority leader Chuck Schumer have both vowed to veto the law even if it passes in the Senate. Given the intense controversy surrounding the bill, let’s look more closely at its background, the main arguments on both sides of the issue, and possible ways forward.
The Arguments For The Bill
The basic arguments in support of a Parents' Bill of Rights are that it is necessary to protect parental rights and to limit government intrusion into family decisions. Supporters argue that parents have a fundamental right to direct the upbringing and education of their children, and that this right is protected by the Constitution. They argue that state and local governments have become too involved in decisions that should be left to parents, such as medical treatment, education, and religious upbringing.
Proponents of the Parents' Bill of Rights also argue that it is necessary to protect children from harmful government policies or mandates. For example, some parents object to certain vaccines or medical treatments, and they argue that the government should not be able to force them to comply.
Another example is the fact that many parents believe that there are certain people in the education or health sectors encouraging and administering the practice of irreversible gender transition treatments to minors identifying as transgender. Supporters of the bill contend that this practice - often lumped under the broad category of ‘Gender Affirming Healthcare’ - ignores the potential side effects of such treatments, and fails to acknowledge that minors may not be fully ready to make such life-changing decisions without parental involvement. They believe the requirement for parental consent provides valuable safeguards for children.
Similarly, supportive parents object to certain educational curricula or policies, and argue that they should have the right to opt-out or make alternative arrangements. Many of the bill’s supporters are parents who are unhappy that lessons and books critical about traditional concepts of racism, sexual orientation and gender are being taught in schools. Their claim is that Critical Race Theory (CRT) and Gender Critical messages are being forced on children at schools, which undermines traditional religious and family values, and traditional gender roles, and villainize the majority white race and feed hatred.
The Arguments Against The Bill
However, opponents of the Parents' Bill of Rights argue that it is unnecessary and even harmful (especially to minority groups). They argue that parents already have significant legal protections for their rights through school boards and other measures, and that a specific set of laws is not necessary or workable. They also argue that the Parents' Bill of Rights could be used to justify harmful or neglectful behavior by parents, such as withholding medical treatment or education from their children.
Opponents also argue that the Parents' Bill of Rights could be used to justify discrimination or exclusion of certain groups of students. For example, some opponents argue that the laws could be used to justify discrimination against LGBTQ+ students or students with disabilities, if parents object to certain policies or accommodations.
Another argument against the Parents' Bill of Rights is that it could interfere with the ability of schools and healthcare providers to provide effective and evidence-based services. For example, if parents are allowed to opt out of certain vaccines or medical treatments, it could undermine public health efforts to prevent the spread of infectious diseases.
It is also argued that the law would remove privacy for vulnerable groups such as LGBTQ+ communities as their parents would be informed of sensitive discussions or decisions regarding their gender, which would effectively ‘out them’ to their parents and potentially even put them in dangerous situations.
It has also been argued that this law will give a large amount of power to a small group of parents with strongly held beliefs about censorship to set limits on what content is appropriate in schools which will lead to the removal of certain important books or lessons that present a diversity of perspectives acknowledging minority groups.
It is also argued that this censorship will disproportionately affect content dealing with minority race or LGBTQ issues. Some opponents claim critical race theory and gender critical theory are providing a necessary balance and diversity of perspectives, as racism and sexism are embedded in U.S. laws and institutions including the school system. However other opponents of the law claim there is little evidence that CRT and Gender Critical theory are even widely taught – or taught at all – in public schools in the USA so there is no need for the law.
One additional concern is that this situation would further polarize US society and lead to de-facto de-segregation as groups on either side of the cultural divide gravitate to schools that support their perspectives and beliefs.
Key Interest Groups
Asides from the students themselves, there have been several main interest groups involved in the debate surrounding the Parents' Bill of Rights:
Parents: As the primary stakeholders in this issue, parents have been very vocal about their opinions on the proposed legislation. Some parents support the bill as a way to protect their rights and ensure that they have a say in their children's education and healthcare decisions. Others argue that the bill could be used to undermine public health measures and allow parents to make decisions that could harm their children.
Advocacy groups: Several advocacy groups have emerged on both sides of the issue. Groups like ParentalRights.org and the Home School Legal Defense Association have been strong supporters of the Parents' Bill of Rights, while groups like First Focus on Children, the American Academy of Pediatrics and the National Education Association have raised concerns about the potential consequences of the legislation.
Lawmakers: Lawmakers at both the state and federal level have introduced proposals for a Parents' Bill of Rights. Some lawmakers argue that such legislation is necessary to protect the rights of parents and ensure that they have a say in their children's upbringing. Others contend that the legislation is unnecessary and could have unintended consequences.
Legal experts: Legal experts have weighed in on the constitutionality of a Parents' Bill of Rights. Some argue that the bill could infringe on the rights of children and interfere with the government's ability to protect the welfare of minors. Others contend that parents have a fundamental right to direct the upbringing of their children, which should be protected by law.
Students’ Perspectives
From a student's perspective, the Parent Bill of Rights can be viewed in different ways depending on their individual circumstances. On one hand, some students may appreciate the increased transparency and parental involvement that the bill aims to provide, as they may feel more supported and empowered with their parents involved in their education. On the other hand, some students may feel that the bill infringes on their privacy and autonomy, particularly if they are in situations where their parents' involvement could be detrimental to their well-being or academic success.
For example, students who identify as LGBTQ+ and have unsupportive parents may feel uncomfortable with the bill's provisions that allow parents to access information related to their child's sexual health or identity. Similarly, students who have experienced abuse or neglect from their parents may feel unsafe with the increased parental involvement that the bill proposes.
In addition, students’ perspectives on the Bill may also be dependent on the State or county they reside in and whether they are a minority race or group in a heavily religious or socially conservative area, as in such cases their situation may become more uncomfortable than for a similar student in a socially liberal area.
Overall, it's important to recognize that students have diverse experiences and perspectives, and their views on the Parent Bill of Rights will likely reflect this diversity.
How To Move Forward Constructively
One potential way to move forward constructively and find a compromise position on the Parents Bill of Rights is to involve all stakeholders in the policymaking process. This includes parents, educators, child welfare advocates, and legal experts. By creating a space for open dialogue and active listening, all parties can express their concerns and priorities in a respectful and collaborative manner.
Another approach could be to identify the common ground between both sides of the debate. For example, both sides may agree that parents have a fundamental right to make decisions for their children, but they may differ on how much leeway should be given to state and local authorities in cases where a child's health and safety may be at risk.
In addition, it may be helpful to focus on specific issues rather than broad, sweeping proposals. For instance, instead of attempting to codify a comprehensive Parents Bill of Rights, policymakers could consider addressing specific areas of concern such as parental involvement in school curriculum, access to medical records, or due process rights for families involved in child welfare investigations.
Ultimately, finding a compromise position may require both sides to be willing to make concessions and prioritize the interests of children over political ideology or personal beliefs. By working together in good faith, policymakers can develop policies that respect the rights of parents while also protecting the well-being of children.
Conclusion
The concept of a Parents' Bill of Rights has been a huge area of debate in recent years, with both supporters and opponents presenting strong arguments. It looks like this will continue to provoke debate and controversy for some time. While the idea of protecting parental rights is certainly important, it is also important to consider the potential negative consequences of such legislation, including the potential for discrimination and harm to children. Ultimately, any proposed Parents' Bill of Rights legislation should be carefully considered and evaluated to ensure that it strikes the right balance between protecting parental rights and ensuring the health and well-being of children.
We want to hear your views on this. What do you think about the legislation or the concept of parental and minor students’ rights?
The Voices of America Scholarship is now inviting submissions on the following new prompt…
Round 8 - Parents’ Rights In Education:
"Should parents have rights to control the education of their children by schools?"
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