School is back in session! While our children are preparing for a new year of (hopefully!) reading, writing, and arithmetic, parents are studying school curricula, books, policies, and health guidance. As the Trump administration begins the process of dismantling the Department of Education and restoring parental rights, some school districts are refusing to follow federal laws and regulations. As the school bells ring this fall, it is more important than ever that parents know their rights and the rights of their students.
Since the creation of the Department of Education (ED) in 1979, parental rights began eroding. The teachers’ unions, for whom the Department was a “thank you” from President Carter, placed the emphasis on teachers and school officials knowing what was best for families. According to the Department’s website, “Today, ED operates programs that touch on every area and level of education. The Department’s elementary and secondary programs annually serve nearly 18,200 school districts and over 50 million students attending roughly 98,000 public schools and 32,000 private schools.”
During the COVID-19 pandemic lockdowns, parents were shocked to learn exactly what their children were learning. Many parents found out that lessons were infused with DEI (diversity, equity, and inclusion), CRT (critical race theory), and gender identity concepts. Upset about what they were seeing, an increasing number of parents attended school board meetings where too often they were ignored, silenced, vilified, and even arrested. Now that the school system has been losing the battle on “woke” lessons, they are now encroaching on medical decisions that should be solely parent-led.
Parental rights laws have been passed in many states affirming parents’ rights to direct the education and upbringing of their children. So far, 24 states have enacted such legislation, with West Virginia being the latest. The West Virginia law includes protections for public, private, and homeschool students and gives parents full access to all their children’s school records. The language also reaffirms parents’ authority in medical decisions. For states that have not passed parental rights laws, model legislation is available through the Heritage Foundation.
Many of these state laws, like West Virginia, include language that makes clear schools should not be making medical and mental health decisions for school children. Despite this positive trend, Illinois is moving in the opposite direction. This year, they became the first state to sign into law mandated mental health screenings for 3rd through 12th-grade students. Beginning in 2027, students will be given either digital or paper surveys to assess their levels of depression, anxiety, or trauma. This places a huge burden on schools to be responsible for the mental health outcomes of students and leaves the door open for abuse, including diagnosing and encouraging “gender transitions.” Public schools are not meant to be mental health care providers but are tasked with educational instruction, a job they are failing to accomplish.
Chicago Pastor Corey Brooks penned an opinion piece in Fox News in response to Illinois’s new law titled, “Do you trust a system that’s failing at education to handle your child’s mental health?” He points out that only 39% of students in Illinois can read at grade level, and math scores are worse. Perhaps if schools focus on educating students in the fundamentals, they would be able to think critically for themselves. Brooks states:
Mental health is deeply personal. No two kids are alike, and a one-size-fits-all tablet quiz can’t capture that. Schools aren’t therapy offices. They’re not equipped to dig into the root of a kid’s struggles, and with professional shortages, many kids flagged by screenings might not get the help they need.
Parents in Illinois and across the country need to know that they have the right to protect their children from these screenings. Federal law allows parents to have their kids opt out of surveys that cover sensitive subjects such as mental health, drug use and sexual activity, political and religious beliefs, relationships with others, and more. The Protection of Pupil Rights Amendment has been federal law for over 50 years, but it seems to be largely ignored by schools. The PPRA also gives parents the right to review all curriculum and surveys as well as the collection of personal information for marketing purposes. Schools must notify parents of any invasive health screenings planned for their child in non-emergency situations and give an opportunity to opt out. The Department of Education has information on its website HERE on how to file a complaint against your local schools for violating your rights under the PPRA.
In recent weeks, a case has come to light in Virginia that involves an alleged violation of the PPRA and state law that protects parents “fundamental right to make decisions concerning the upbringing, education, and care of the parent’s child.” A conservative blogger reported that, in 2021, Fairfax County Schools staff allegedly arranged and paid for abortions for two students without notifying parents. One of the students was five months pregnant and begged to keep her baby. A school social worker told her she “had no other choice.” The state also has a law that requires parents must be notified when a minor is seeking an abortion. Virginia Governor Glen Youngkin ordered state police to open an investigation into these horrific incidents.
What can parents do to ensure their parental rights are being respected? First, parents must exert those rights by asking questions. Some examples of questions to ask are:
- What is the school’s response to a child who wishes to change their gender? What is the bathroom policy? Are parents notified if a child wishes to change their pronouns or name?
- Do any of the library books contain sexually explicit materials?
- What is the school curriculum on racism?
- Are there opt-out or opt-in options for lessons that may conflict with a family’s beliefs?
- Are teachers allowed to display politically charged materials in their room like Pride or Black Lives Matter flags?
- What surveys are given to students throughout the year? Who collects and stores that information? How can I exercise my right to opt out?
To review more detailed questions to ask teachers or school faculty, check out 10 Questions Every Parent Should Ask by the Courage Is a Habit organization.
In 2023, the House of Representatives passed the Parents Bill of Rights Act (H.R. 5) affirming a parent’s right to know about school curricula and budgets, to be heard in public forums, to protect their child’s privacy, and to be informed about violent activity at school. At the time, Democrats controlled the Senate, so the bill never moved forward. Now that Republicans are in control of both chambers and the White House, this is an issue for Congress to revisit, as the assault on parental rights is not going away.
Closing Note: Eagle Forum is saddened to hear about the shooting at Annunciation Catholic Church and School in Minneapolis, Minnesota. We ask you to join us in prayer for the families of those killed and injured and for healing for the community. May God grant them peace and comfort.
