The Parent’s Role in Education
This past year the issue of what role parents should play in the education of their children was center stage on national media. Parents from Loudoun County, Virginia confronted the local school board over what was being taught to their children. The conflict brought to the forefront the question of how much say parents should have in what their children are taught in K-12 schools.
The controversy boiled over into Virginia’s gubernatorial race and likely contributed to the former governor losing the election. During an election debate, the former governor supported limiting the role of parents in deciding the curriculum of public school. In response to parents’ concern over what they labeled sexually explicit material in the Fairfax County school library he said, “I’m not going to let parents come into schools and take books out and make their own decision.” Then concluding, “I don’t think parents should be telling schools what they should teach. His opponent said, “I believe parents should be in charge of their kid’s education.”
The parent’s role in educating their children is an ongoing question that may differ from state to state. The reason for these differences is because each state, and not the federal government, is responsible for the education of children living within its state. However, the federal government has significant influence over K-12 education in the states by providing funding for K-12 education. With the funding come requirements.
As with other states, Michigan law provides for the education of children within its borders. Michigan’s 1963 Constitution stresses the importance of education and provides that the “legislature shall maintain and support a system of free public elementary and secondary schools as defined by law.”[1] The law in question is primarily the New Revised School Code[2]. Along with the school code, the U.S. Constitution and Michigan Constitution address the rights of parents to be involved in the education.
So the question is how much say do Michigan parents have over the education of their children.
Here are several facts parents should know about their role in the education of their children.
1. The State has the right to set reasonable educational requirements for children within the State. Consequently, while parents have an inherent right to provide for their children’s education, that right is not unlimited.
There is tension between the right of the State to control K-12 education and the inherent rights of parents to provide for the education of their children. Where those rights fall on a continuum varies from the State having complete control to the parents having complete control and is primarily determined by statute. The statutory authority to control the education of children, however, exists within the framework of the U.S. and State Constitutions.
The United States Constitution does not consider the parents role in educating their children a fundamental right. However, when the parents’ duty to ensure their children are educated is coupled with a liberty interest, such as the freedom of religion, the right to direct their children’s education becomes a fundamental right protected by the United States Constitution and the Michigan Constitution. As a fundamental right, the parents’ rights likely take precedent over State regulation.[3]
2. Parents must ensure their children attend school. [4]
Michigan requires children between the ages of 6 and 18 to attend school. Attendance at school is mandatory. The parent’s failure to provide for their children’s education can be considered neglect, which in the most egregious situations may lead to the termination of parental rights. Furthermore, failure to send their children to school can lead to a fine and a criminal misdemeanor charge.
This does not mean parents must send their children to public schools (charter schools are also public schools). They also have the option of sending their children to a private school, or home schooling their children.
3. Michigan law provides parents with an Education Bill of Rights.[5]
“It is the natural, fundamental right of parents and legal guardians to determine and direct the care, and education of their children.” The Revised School Code recognizes parents have a fundamental right to direct the education of their children.
This is an important statement, but its importance should not be overstated. While it shows that the Legislature recognizes the role parents have in the education of their children, it does not transform the parents’ role in education to a fundamental right recognized by the United States and Michigan’s Constitutions. For the statement to have any impact, the Legislature must enact statutes giving rights to parents relating to their children’s education.
4. Parents can review curriculum, textbooks and teaching materials of the school.[6]
Michigan law allows parents of children enrolled in a public school the right to review “curriculum, textbooks, and teaching materials” “at a reasonable time and place and in a reasonable manner.”
This law allows school districts to adopt policies and guidelines governing this parental right as long as they are not unreasonable. Parents should review the school district’s policies and guidelines when exercising this right. Most school districts publish their policies and guidelines on their web page.
5. Parents can observe instructional activity in their child’s class.[7]
The same law that allows parents to review curriculum etc. allows parents the right to observe their children’s classroom. Once again, schools are allowed to adopt reasonable policies and guidelines to govern classroom visitations.
6. Parents with “sincerely held religious beliefs” allows his/her child to be excused from “instruction in the characteristics or symptoms of disease”. [8]
School districts are required to teach physiology and hygiene and health comprehensive education programs.[9] The law goes on to say if “instruction in the characteristics or symptoms of disease is in conflict with his or her sincerely held religious beliefs” the parent can request their child be excused during the instruction.
7. Children are not required to be immunized to attend school because of the parents’ “religious convictions or other objection”.[10]
Children attending public or nonpublic schools must be “immunized or protected” against diseases identified by the Michigan Department of Health and Human Services. Parents must show proof that their child has been immunized before the child can attend school.
There are two exceptions, however, one is if the parents object because of “religious convictions or other objection”, and the second is if the immunization(s) is detrimental to the child’s health.[11] In each exception, the parents must complete an immunization waiver form provided by the local health department.
Parents are required to provide proof of the immunizations or a completed waiver form before their child may attend school.
8. Parents can excuse their children from sex education instruction.[12]
Michigan public schools are required to provide “instruction in sex education, including family planning, human sexuality, and the emotional, physical, psychological, hygienic, economic, and social aspects of family life.”
Parents, however, are afforded the right to notice when the course will be taught, to know its contents and to review the materials used to teach the course. Furthermore, parents can request their child be excused from the class without penalty or loss of academic credit.
9. Parents with children in K-12 have specific rights related to their children’ education records.
The Family Educational Rights Privacy Act (20 U.S.C. §12329; 34 CFR Part 99) commonly referred to by its initials, FERPA, is a federal law which provides for the privacy of public school students education records. In addition to privacy guarantees, the law provides parents specific rights to their minor[13] child’s education record.
What are these rights? These rights include the expectation that schools maintain the privacy of students’ education records unless disclosure is authorized by the statute, the right to receive an annual notice regarding FERPA rights, the right to review and inspect their child’s education records; the right to request an education record be amended, and if not amended, the right to a hearing.
This law is much more nuanced than described above. There are exceptions to the individual rights. If not, the law would be unworkable. We will look at these rights in a later post in more detail.
CONCLUSION
A parents’ role in educating their children is critical, but it is not absolute. The State has an important role in providing K-12 education, but it is not absolute. Generally speaking the State’s control over the education of child is not absolute, nor is the parents’ control absolute. The role each party plays must conform to the principles of the United States and Michigan Constitutions.
In an early case[14] dealing with this issue, the US Supreme Court found that the State of Oregon’s Compulsory Education Act, which required all students age 8 to 16 years old to attend a public school, was unenforceable. Here is a powerful quote from the case.
Under the doctrine of Meyer v. Nebraska, 262 U. S. 390, 43 S. Ct. 625, 67 L. Ed. 1042, 29 A. L. R. 1146, we think it entirely plain that the Act of 1922 unreasonably interferes with the liberty of parents and guardians to direct the upbringing and education of children under their control. As often heretofore pointed out, rights guaranteed by the Constitution may not be abridged by legislation which has no reasonable relation to some purpose within the competency of the state. 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. The child is not the mere creature of the state; those who nurture him and direct his destiny have the right, coupled with the high duty, to recognize and prepare him for additional obligations.
I think this quote helps to understand the role the State and parents play in ensuring children receive a proper education. It would be good for the State to keep in mind that parents have a critical role in their children’s education. I hope in future posts to look at these roles more closely.
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[1] Const. 1963 Art. VIII § 1
[2] MCL 380.1 et seq.
[3] People v DeJonge, 442 Mich 266 (1993) The Michigan Supreme Court determined that the DeJonges were not required to have teacher certification to home school their children based upon deeply held religious beliefs. At that time the State of Michigan required parents who home schooled their children to be certified teachers.
[4] MCL 380.1561
[5] MCL 380.10
[6] MCL 380.1137 (1)(a)
[7] MCL 380.1137 (1)(b)
[8] MCL 380.1170
[9] The law requires the Michigan Department of Education to create “a critical health problems education program’. To receive a copy of “Grade Level Content Expectations contact Scott Martin at (517) 335-1745 or MartinS27@michigan.gov” (Taken from Michigan Department of Education website)
[10] MCL 380.1177
[11] MCL 333.9215
[12] MCL 380.1507 (3)(4)
[13] The rights under FERPA are with the parents until the child turns 18. Also, once the child enrolls in postsecondary institution those rights transfer to the child even if he/she is under 18 years old.
[14] Pierce v. Soc’y of the Sisters of the Holy Names of Jesus & Mary, 268 U.S. 510, 45 S. Ct. 571, 573, 69 L. Ed. 1070 (1925)
