Parental Involvement in the Education of Students of California
Gerald Chipeur, KC writes from Calgary, Alberta.
I. INTRODUCTION
The role of parents in the California education system is defined in the Education Code (“Code”)
II. Code
The Code prioritizes participation by parents in the education of their children:
It is essential to our democratic form of government that parents and guardians of school age children attending public schools and other citizens participate in improving public education institutions. Specifically, involving parents and guardians of pupils in the education process is fundamental to a healthy system of public education.
[Code section 51100(a)]
In pursuit of allowing parents and guardians to participate in improving public education institutions, the Code mandates the following for parents of school age children:
1. The right to observe the classroom or classrooms in which their child is enrolled for the purpose of selecting the school in which their child will be enrolled.
2. The right to meet with their child’s teachers and principle.
3. The right to volunteer their time and resources for the improvement of school facilities and programs.
4. The right to be notified on a timely basis if their child is absent from school without permission.
5. The right to receive the results of their child’s performance on standardized tests and statewide tests and information on the performance of the school that their child attends on standardized statewide tests.
6. The right to request a particular school for their child, and to receive a response from the school district. However, the school district does not have to grant this request.
7. The right to have a school environment for their child that is safe and supportive of learning.
8. The right to examine the curriculum materials of the class or classes in which their child is enrolled.
9. The right to be informed of their child’s progress in school and of the appropriate school personnel whom they should contact if problems arise with their child.
10. The right to have access to the school records of their child.
11. The right to receive information concerning the academic performance standards, proficiencies, or skills their child is expected to accomplish.
12. The right to be informed in advance about school rules, including disciplinary rules and procedures, attendance policies, dress codes, and procedures for visiting the school.
13. The right to receive information about any psychological testing the school does involving their child and to deny permission to give the test.
14. The right to participate as a member of a parent advisory committee, school site council, or site-based management leadership team, in accordance with any rules and regulations governing membership in these organizations.
15. The right to question anything in their child’s record that the parent feels is inaccurate or misleading or is an invasion of privacy and to receive a response from the school.
16. The right to be notified, as early in the school year as practicable, if their child is identified as being at risk of retention and of their right to consult with school personnel responsible for a decision to promote or retain their child and to appeal a decision to retain or promote their child.
[Code section 51101(a)]
17. The right to opt out of all sexual education instruction for their children.
It is the intent of the Legislature …. to respect the rights of parents or guardians to supervise their children’s education on these subjects. The Legislature intends to create a streamlined process to make it easier for parents and guardians to review materials and evaluation tools related to comprehensive sexual health education and HIV prevention education, and, if they wish, to excuse their children from participation in all or part of that instruction or evaluation. The Legislature recognizes that … parents and guardians have the ultimate responsibility for imparting values regarding human sexuality to their children.
[Code section 51937]
18. Schools are required to provide written notice of when sexual education will be taking place at the beginning of the school year and not less than 14 days before the sexual education is to take place.
[Code section 51938]
19. The right to opt out of all sexual education surveys or questionnaires.
[Code section 51938]
20. The right of parents to opt out of sexual education, and the protection of those rights are reiterated in the following quotes from the ECD.
(a) A pupil may not attend any class in comprehensive sexual health education or HIV prevention education, or participate in any anonymous, voluntary, and confidential test, questionnaire, or survey on pupil health behaviors and risks, if the school has received a written request from the pupil’s parent or guardian excusing the pupil from participation.
(b) A pupil may not be subject to disciplinary action, academic penalty, or other sanction if the pupil’s parent or guardian declines to permit the pupil to receive comprehensive sexual health education or HIV prevention education or to participate in anonymous, voluntary, and confidential tests, questionnaires, or surveys on pupil health behaviors and risks.
(c) While comprehensive sexual health education, HIV prevention education, or anonymous, voluntary, and confidential test, questionnaire, or survey on pupil health behaviors and risks is being administered, an alternative educational activity shall be made available to pupils whose parents or guardians have requested that they not receive the instruction or participate in the test, questionnaire, or survey.
[Code section 51939]
21. The right to opt out of sexual education does not include the right to opt out of instruction, materials, presentations, or programming that discuss gender, gender identity, gender expression, sexual orientation, discrimination, harassment, bullying, intimidation, relationships, or family that does not discuss human reproductive organs and their functions.
[Code section 51932]
(a) Here are comments from the California Superior Court on the application of the Code Section 51932:
Specific to the opt-out, the CHYA provides: “[a] pupil may not attend any class in comprehensive sexual health education or HIV prevention education, or participate in any anonymous, voluntary, and confidential test, questionnaire, or survey on pupil health behaviors and risks, if the school has received a written request from the pupil's parent or guardian excusing the pupil from participation.” (Ed. Code, § 51939(a).)
Section 51932 sets forth “exclusions from application of” the CHYA. As relevant here, section 51932(b) states: “This chapter [i.e. CHYA] does not apply to instruction, materials, presentations, or programming that discuss gender, gender identity, gender expression, sexual orientation, discrimination, harassment, bullying, intimidation, relationships, or family and do not discuss human reproductive organs and their functions.
[Left Out v Los Angeles Unified School District, 2021 WL 11639980 (Cal. Super.) (Trial Order)]
22. The right to be involved in the selection of your child’s instructional materials.
[Code section 60002]
23. The right to opt out of standardized testing.
[Code section 60615]
III. STATEMENTS FROM THE UNITED STATES SUPREME COURT
24. Parents have the right to direct the direct the education and upbringing of their children.
In a long line of cases, we have held that, in addition to the specific freedoms protected by the Bill of Rights, the "liberty" specially protected by the Due Process Clause includes the rights to …. to direct the education and upbringing of one's children.
[Washington v. Glucksberg, 521 U.S. 702 (1997) at 720]
…it 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 U.S. 57 (2000) at 66]
25. Children have the right to free speech and free exercise of religion in school, and cannot be compelled to engage in expression with which they disagree.
… students [do not] shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.
[Tinker v. Des Moines Independent Community School District, 393 U.S. 503 (1969) at 56]