Information for Parents and Guardians with Students in Public School
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However, some parents with children in public schools are unfamiliar with the law, what their child will be allowed to do—or asked to do and unaware of certain ideas and information their child will be taught. This document has been prepared to give basic information about Catholic Church teaching, federal law, California state law, and standard California public school policy and practice.
CATHOLIC TEACHING: As Catholics, we strongly believe that parents are the first and foremost educators of their children. The Catholic Catechism states that families are a “privileged community” called to achieve a "sharing of thought and common deliberation...in the children's upbringing” (# 2206) and that as “those first responsible for the education of their children, parents have the right to choose a school for them which corresponds to their own convictions...Public authorities have the duty of guaranteeing this parental right and of ensuring the concrete conditions for its exercise.” (#2229)
FEDERAL LAW: Our federal constitution supports the concept that parents have the right to “direct” their children’s education. In 1925 the U. S. Supreme Court unanimously affirmed in the case Pierce v. Society of Sisters that “the fundamental theory of liberty upon which all governments in this Union repose excludes any general power of the State to standardize its children by forcing them to accept instruction from public teachers only.”
CALIFORNIA LAW: Parents/guardians have the right to oversee their child’s instruction.
> Specifically, according to the California Education Code (see links below):
§51540: If any part of a school's instruction in health conflicts with the religious training and beliefs of a parent or guardian of a pupil, the pupil, upon written request of the parent or guardian, shall be excused from the part of the instruction that conflicts with the religious training and beliefs. For purposes of this section, "religious training and beliefs" includes personal moral convictions.
§51513: No test, questionnaire, survey, or examination containing any questions about the pupil's personal beliefs or practices in sex, family life, morality, and religion, or any questions about the pupil's parents' or guardians' beliefs and practices in sex, family life, morality, and religion, shall be administered to any pupil in kindergarten or grades 1 to 12, inclusive, unless the parent or guardian of the pupil is notified in writing and ..the parent or guardian of the pupil gives written permission for the pupil to take this test, questionnaire, survey, or examination.
§51938: A parent or guardian of a pupil has the right to excuse their child from all or part of comprehensive sexual health education, HIV/AIDS prevention education, and assessments related to that education.
CALIFORNIA PUBLIC SCHOOLS' STANDARD POLICY AND PRACTICE: Teachers and administrators value the active involvement of parents in the education of their children. However, that involvement must include awareness of the law. At the beginning of each school year, public schools send home many documents containing important information that is often misunderstood or overlooked. Included in the papers is both the notification regarding an “assumed opt-in” for all educational programs and a notification that students in grades 7-12 may be excused for confidential medical services.
> Assumed Opt-In means if the parents/guardians do not notify school officials then it will be assumed that they approve or “opt-in” to the school’s entire program. Public schools’ programs, topic offerings and procedures for parental involvement may differ from community to community as a reflection of local practices and recent experiences. Each school’s policy regarding “opt-in” and “opt-out” is written and should be available to parents.
> Instructional Topics from which some parents have chosen to “opt-out.”
- Sex or family life education
- AIDs or HIV education
- Acquisition and/or use of birth control devices or drugs
- Showing of R, NC-17 or X-rated films
- Counseling except as recommended by the student’s physician
- Questionnaires/role playing examining the moral and religious beliefs of the student and/or the student’s family members
- Diversity education which does not respect parents’ values
> Parents/Guardians who object to certain educational topics must specifically request that their children be excused, i.e., they must “opt-out.” All parents or guardians have the right to be informed of the content and approximate date of presentation of all materials and subjects. They also have the right to examine copies of all tests, questionnaires, or surveys that inquire about students’ or their parents’ personal beliefs, family life, religion or sex practices. The rules regarding “opt-out” follow:
- In order to make a “specific request” to have their student excluded from a school activity, parents/guardians must complete a standard “opt-out” form which can be obtained from the school office.
- A signed “opt-out” form must be submitted for each student and for each type of objectionable activity from which that student is to be excused.
- An “opt-out” form is only considered valid for the current school year—and must be resubmitted annually.
> Confidential medical services are available upon request for public school students from the time they enter the 7th grade. The students may be released in order to secure the services, which may include contraceptives, abortions and/or psychotropic drugs. There is NO “opt-out” available for this policy. California Education Code 46010.1 states:
“Commencing in the fall of the 1986-87 academic year, the governing board of each school district shall each academic year notify pupils in grades 7-12 inclusive and the parents or guardians of all pupils enrolled in the district, that school authorities may excuse any pupil from the school for the purpose of obtaining confidential medical services without the consent of the pupil’s parent or guardian. The notice required pursuant to this section may be included with any other notice given pursuant to this code.” (Emphasis added)
In 1997, the California Supreme Court decision (American Academy of Pediatrics v. Lungren) affirmed the “right of privacy” for minors. And in 2004, then Attorney General Lockyer wrote an opinion stating: “We view this provision [Education code 46010.1] as requiring school districts to notify both students and their parents that students are allowed to be excused from school for confidential medical appointments without parental consent.” (Emphasis added)
Ordinarily, parents or guardians must grant written permission for their children to participate in off campus activities or to receive over-the-counter medication from school personnel. However, when a student requests confidential medical services, then he or she can actually be released without parental knowledge or permission during school hours to receive those services.
MORE INFORMATION: It is important to remember that parents are responsible for partnering with public schools to ensure the quality of education their children receive. Catholic families need to be aware of the standard practices and policies of California public schools—particularly the standard “opt-in” policy, which means that parents or guardians must assert their right for information and their right to “opt-out ” if they find certain topics objectionable, and the practice of releasing 7-12th grade students for confidential medical services.
It is also important to remember the Church teaches that families are a “privileged community” called to achieve a "sharing of thought and common deliberation...in the children's upbringing “and that “public authorities have the duty of guaranteeing this parental right.”
RESOURCES & LINKS
EDUCATION CODES
A parent or guardian of a pupil has the right to excuse their child from all or part of comprehensive sexual health education, HIV/AIDS prevention education, and assessments related to that education, as follows:
