QUESTION

What are the parents rights versus the schools rights?

Asked on Sep 09th, 2015 on Litigation - Alabama
More details to this question:
I don't know where to go with this because in some ways it isn't a big problem now but itโ€™s the implications of my issue that worry me. Let me try to explain. I have two children in the local school system, one is a senior in high school and one is in middle school. Sometime after my daughter graduated the 8th grade the school system added a new requirement that all 8th graders must complete two hours of unpaid work (community service) to graduate. I have talk to various administrators about this and I have determined that this isn't a state requirement but a local one and it must be done after school. I have also determined that was added to the district's curriculum as a graduation requirement. I don't know how or why this would be part of our curriculum because it has nothing to do with basic education or meeting state goals. But in our district curriculum is set by a committee made up of school personnel and parents who make recommendations to the school board, which they then vote on. Although I think having children do volunteer work (community service) is a good thing I don't think that it is the school's job to make this kind of a decision. That should be the parents job not the schools. Even if I don't agree, can they ban my child from the class trip and graduation for something he didn't do after school hours? What are my rights as a parent? What else can they force my child and me to do on our own time, after we are talking about a minor here? Although I have talked to school officials I haven't gone to the school board yet because I'm not sure they can legally make this type of decision in the first place and would affect my approach to them. I have heard only rumors that another committee is going to recommend that at the high school level they add to that curriculum 15 to 20 hours of unpaid work (community service) to be done in order to graduate. Help!!
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7 ANSWERS

I share your concern about the implications of this peculiar enactment, although, in my opinion, the problem is not about *your* rights: it is about your child's rights. Apparently, the school board did not have the benefit of an advice of a competent jurist and did not realize that their decision runs afoul of the XIII Amendment to the U.S. Constitution which forbids involuntary servitude, except as a court-imposed punishment for a crime. The school board is not likely to just say "Oh, sorry!" and cancel the offending decision: that would require presence of a working collective intelligence - a very rare bird, indeed! Like many of our public institutions, school boards are favored by pompous demagogues seeking both, venue and validation, of their ego trips. They will dismiss your concerns. If you persist, they will fight - and do everything they can to make you regret irking them. So, may I offer a couple of bits of advice? Decide now whether you want this fight. Backing down later, when the going will get tough, will cost you a lot of self-respect (and more of respect of your children) Find an attorney willing to step in if it becomes necessary. Local chapter of ACLU might be a good place to start your search. If they are not overwhelmed at the moment, they might even adopt your cause. Otherwise, ask them for a referral. Never threaten - just do. If you are ready to go to media, call the congressman's office, or file a law suit, don't tell the opposition, let them find out when you have done it. First of all, giving your opponents an advance notice of your actions reduces the effectiveness of your actions. Second, as arguments in a dispute, these threats *never* work. You see, your opponent might back down under such a threat only if he/she recognizes that he/she is wrong and needs to avoid judgment (of the public opinion, or of the major league public establishment, or of the court of law). This is why such threats are always perceived as insults: they imply that the threatened person does not honestly believe that her/his position is the right one and *knowingly* persists in upholding what is wrong. Third, what you plan might not work: media outlet might take the board's side, the congressman might refuse to interfere (or promise to help and never do it), the court might decline the case, etc. So, never threaten - just do. And, if you started a fight, don't pull punches.
Answered on Sep 11th, 2015 at 1:40 AM

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You need to speak to an attorney in your State who specializes in education law. My guess is that the requirement is illegal as it is after hours and not really related to the purposes of an educational system. Also, if the child is injured doing the work or hurts someone else or damages some one's property, the school district would be liable to pay. How can the school district hire a minor to do any work? seems like a violation of the child labor laws. Without even trying to find out whether it is legal, I would go to the school district and point out that while the purpose of the plan may be noble, although requiring 2 hours in middle school means it will have no positive effect on the vast majority of students, it puts the school district in a horrible position of liability and will cost a large amount for monitoring students and keeping records. What if the parents are very religious or political; does the school district want to deal with the fall out of an eighth grader taking part in an anti-abortion or left/right wing political rally?
Answered on Sep 10th, 2015 at 5:00 AM

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Insurance Coverage Attorney serving Morgantown, WV
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As busy as families are, it does seem difficult to add yet one more requirement imposed by the school system to a very busy schedule. We have nine children so our family schedule is very full, and certainly we respect parents' right to direct their child's education. We have educated our children in public and private schools (which required 100 hours of community service to graduate). Our solution has been to find volunteer activities in line with our children's natural interests, such as helping with summer art camp. Some have even been able to earn credit by volunteering with a nursing home or a summer camp activity. I can assure you that it will take you far longer than two hours (or even 15-20 hours) to fight this requirement and you would be hard-pressed to find an attorney who would do at no cost to you. If you need ideas, contact your school or even the public library for volunteer activities. The way I see it, homework, including studying for tests, reading, and research, is already required outside-of-school work, which if not accomplished, will ban a child from participation in sports and graduation. This assignment is an opportunity to have the children look beyond their own wants and needs (and most parents would agree that children tend to be self-focused) so I agree with you that serving others is a good idea. I also agree with you that ultimately, it is the parent's job to train children in character. Best wishes as you raise your family.
Answered on Sep 10th, 2015 at 4:59 AM

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Ronald A. Steinberg
You need to address your issues to the school board.
Answered on Sep 09th, 2015 at 10:50 PM

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Slavery was prohibited in the United States by the 13th Amendment to the Constitution, in December 1865. The school's requirement sound unconstitutional to meat least as you describe it. If it did have some connected to the curriculum, given that courts are very deferential to school administrators, it might pass muster. But to make it a requirement for graduation strikes me as going too far. My suggestion: get a group of your neighbours who are also parents of the kids in the school to register your concern at the next school board meeting. If that doesn't work, your group might hire a lawyer to start a class action (or at least have a group of plaintiffs) against the school board.
Answered on Sep 09th, 2015 at 10:47 PM

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Plaintiff Animal Bites Attorney serving Missoula, MT at Bulman Law Associates PLLC
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You do need help. You should be ashamed of yourself. Nagging the school board over nothing. Two hours of public service is a good teaching lesson. Save your parental rights for sex education and teach your children the value of abstinence or birth control.
Answered on Sep 09th, 2015 at 10:46 PM

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James Eugene Hasser
Without reading the law enabling the school board and reading the annotated cases, I cannot answer your questions. However, I believe a lawyer that practices Civil Rights law should be able to help. Consider consulting one. Good luck.
Answered on Sep 09th, 2015 at 9:29 PM

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