Parents rights and school

Parents have the right to support their children in public schools. Learn about laws that ensure students get the most out of their educational experience.

Schools can be foreboding institutions for the ill informed. As parents it is important to know how to help your child get the most out of a public school education. Often there is so much information sent home with children it seems impossible to sort out what is important from the piles of papers that come home with the child. Knowing what your school is required to provide you as a parent can be helpful. This article will look at some United States federal mandates for schools. These can be important if your child has problems in the schools, or the schools are not meeting the special needs of a given student.



There are many aspects of education where the court system has stepped in to protect the rights of students and parents. Incidents involving prayer in school, immunizations, school fees, accommodations for students with needs, special education, and classes to meet the needs of gifted students have made school systems accountable. Parents have the right to request specific services from the school, and the district must respond within a reasonable period or be considered in violation. According to the text, Home - School Relations, by Mary Lou Fuller and Glenn Olsen there have been many times when the court has intervened in educational debates.

In the matter of prayer in school parents driven by Jehovah Witness beliefs felt that their children should not be forced to salute the flag. They felt this was in controversy to the Bible verses (Exodus 20:4 -5) Thou shalt not make unto thee any graven image, or any likeness of anything that is in heaven above or that is in the earth beneath, or that is in the water under the earth; thou shalt not bow down thyself to them nor serve them.

The case went to the United States Supreme Court and it was noted that: “the refusal of these persons to participate in the ceremony does not interfere with or deny rights of others to do so” (West Virginia State Board of Education v. Barnette, 1943). This was a case that supported a person’s right to abstain from a ceremony that was in conflict with their religion. Other cases have dealt with the issue of a child’s right to pray in school

Prayer in school has been shot down more than once in the courts. Schools have attempted to institute vocal prayers by willing students and moments of silence for meditation or prayer. Although state courts upheld the school’s right to institute these programs, the United States Supreme Court decided that this violated an individuals right to choose a religion, or no religion at all. Prayers led by clergymen at graduation ceremonies have been deemed a violation of the first amendment, even though these are voluntary non-compulsory events.

Bible study groups that hold meetings in the schools before or after school have been allowed. These cannot be offered in place of, or at the time of regular curriculum. Prayer in school will continue to be an issue as parents fight against theories and philosophies taught in the schools that are in conflict with the beliefs of the majority.

Some religious and philosophical beliefs do not condone immunizations. Since schools require students to be vaccinated against certain illness, again problems with the courts occurred. The result is that a waiver is available to parents that choose not to vaccinate their children. This is protected through the statute that states Students will not be excluded from public school because of their religious beliefs.

Public education is to be available to all students regardless of economic status. In the past this has been interpreted to mean that no tuition can be charged. There are often fees for extracurricular activities, transportation fees, towels, physical education classes, art supplies, etc. One school in North Dakota attempted to charge a rental fee for textbooks, but the parents fought this, and it was deemed by the courts that no education is possible without school books. It is legal for a school to charge fees for nonessential programs or services, but the core educational programs should be without cost to parents.

According to section 504 of the Rehabilitation Act, students who have special needs but are not certified as a special education student must be reasonable provided for by the school district. These conditions might include medical conditions, psychological disorders, or any condition that might interfere with a students progress in school. If a parent believes their child might be served by this provision the school district must put together a team of professional educators, counselors, and special education staff to meet on the student’s behalf. This team will work with the parent to determine the best route for assisting the student. The parent who seeks this service needs only to contact the school district where the student attends school. A form from the district will be completed and the team must address the problem in a timely manner. This can be helpful to the parent whose child would otherwise fall between the cracks. A student failing in school that does not qualify for special ed can be supported through the 504 mandate.

Special education students are protected under the Individuals with Disabilities Education Act (IDEA). This act has empowered parents of children with disabilities since these students are least able to act in their own interest. This is a very complex law, but parental rights defined by the law are as follows:

· the right to be informed of parental rights under IDEA

· the right to be informed in a parents’ own language

· the right to be informed before an assessment is done

· the right to be told of outside evaluators and cost efficient legal services

· the right to be informed if a child is to be placed or receive services in special education

· the right to see the student’s records

· the right to start a due process hearing

· the right to obtain a copy of the hearing and the outcome

· the right to appeal through the court system if necessary

(paraphrased from Home-School Relations, 1998, fuller, Mary Lou & Olsen, Glenn)

Parents of special education students now have support. In past years these students were forgotten and left out of the education process. But because of laws like IDEA parents are now informed and able to support their children as they seek education that will best prepare them for later life.

Students who are gifted and need classes beyond what is offered by their district have a route that will provide them with challenges that suit their skills. If a student shows talent in a subject and wishes to pursue classes beyond the school district’s offerings the student can pursue dual enrollment. Schools have an obligation to provide students with reasonable classes to meet their needs. If a school can not do that, then the school must pay tuition at a community college, technical center, or university. The student may need to provide transportation, but the essential cost of these classes will be covered by the home district. Schools do have requirements before a student can become dual enrolled, but it is advantageous for a parent to explore if the student would qualify for this provision.

Individual schools have codes concerning parental rights. The most important step a parent can take in supporting a child’s education is being informed about policies that govern the child’s rights. When a child is not successful in school there are many routes a parent can take to encourage and assist. Know your role, and your rights as a parent of a public school student.
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