NOTHING supersedes parental rights. They are affirmed in the U.S. Constitution 14th Amendment substantive due process grounds: (i.e., my right to nurture, raise, and direct\u00a0the education of my child, my right and my child\u2019s right to personal liberty, my right to protect my\u00a0child from harm and for my child to be free from harm, and my right and my child\u2019s right against\u00a0unreasonable governmental intrusion);<\/p>\n
Ninth Amendment recognizes that there are fundamental personal rights that are protected from\u00a0abridgment by the government even though not specifically mentioned in the Constitution.<\/p>\n
Federal statutes also come into play.<\/p>\n
No Child Left Behind expressly provides: \u201cParents have the primary responsibility for the\u00a0education of their children, and States . . . have the primary responsibility for the supporting that\u00a0parental role.\u201d 20 U.S.C. \u00a7 3401.<\/p>\n
Similarly, the federal government has declared that I must be afforded \u201csubstantial and\u00a0meaningful opportunities to participate in the education of [my child].\u201d 20 USC \u00a7 6301 (12).<\/p>\n
Supreme Court Recognition History<\/p>\n
Indeed, my right to refuse to allow the state to compel my child to submit to a standardized test(or assessment) has Constitutional dimensions that have been recognized by the SupremeCourt of the United States for nearly 100 years.<\/p>\n
My constitutional right to guide my child\u2019s education and to protect my child from harm and\u00a0exploitation at the hands of government is one of the oldest fundamental liberty interests\u00a0recognized by that Court.<\/p>\n
The Court has repeatedly held that because I have the natural inclination to further the best\u00a0interests of my child, it is I who is the best protector of my child and, therefore, I have the natural\u00a0right and duty to care for my child and protect her against unreasonable, arbitrary, and\u00a0capricious governmental action. It is I — the parent, not the school district — who is entrusted\u00a0with this constitutionally-protected, fundamental right.<\/p>\n
The Court is emphatic that the State (the school district) has no right to interfere with or hinder\u00a0my efforts to raise my child, or my efforts \u2013 my affirmative obligation — to protect my child from\u00a0harm or exploitation.<\/p>\n
See e.g., 20 U.S.C. \u00a7 6311 (based on the specific requirements outlined in No Child Left\u00a0Behind, high-stakes testing violates federal law). The Court has stated: \u201c[t]he fundamental\u00a0theory of liberty upon which all governments in this Union repose excludes any general power of\u00a0the State to standardize its children…The child is not the mere creature of the State; those who\u00a0nurture him and direct his destiny have the right, coupled with the high duty, to recognize and\u00a0prepare him for additional obligations.\u201d Pierce v. Society of Sisters, 268 U.S. 510 (1925).<\/p>\n
The Supreme Court has similarly held: \u201cthe custody, care and nurture of the child reside first in\u00a0the parents, whose primary function and freedom include preparation for obligations the \u00a0state\u00a0can neither supply nor hinder.\u201d\u00a0Prince v. Commonwealth of Massachusetts, 321 U.S. 158 (1944).<\/p>\n
Even the New York Court of Appeals recognizes this interest. The Court of Appeals stated: \u201cIt is the natural right, as well as the legal duty, of a parent to care\u00a0for, control and protect his child from potential harm, whatever the source and absent a clear\u00a0showing of misfeasance, abuse or neglect, courts should not interfere with that delicate\u00a0responsibility.\u201d Roe v. Doe, 29 NY2d 188 (NY 1971)<\/p>\n
In fact, the federal government has explicitly provided protection to my child within the school\u00a0environment. See 20 U.S.C. \u00a7 1232h (protecting students from examinations without\u00a0written parental consent).<\/p>\n
See 20 U.S.C. \u00a7 1232h, where parents reserve the right to examine the tests before their\u00a0children are expected to take them and parents reserve the right to refuse to allow their\u00a0children to take those tests if they aren\u2019t allowed to examine them or if they feel the\u00a0content is not conducive to learning or violates student privacy.<\/p>\n","protected":false},"excerpt":{"rendered":"
NOTHING supersedes parental rights. They are affirmed in the U.S. Constitution 14th Amendment substantive due process grounds: (i.e., my right to nurture, raise, and direct\u00a0the education of my child, my right and my child\u2019s right to personal liberty, my right to protect my\u00a0child from harm and for my child to be free from harm, and […]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_et_pb_use_builder":"","_et_pb_old_content":"","_et_gb_content_width":"","footnotes":""},"categories":[1],"tags":[166,366],"class_list":["post-1309","post","type-post","status-publish","format-standard","hentry","category-misc","tag-parents-2","tag-rights"],"_links":{"self":[{"href":"https:\/\/stopcommoncorenh.org\/sccnh\/wp-json\/wp\/v2\/posts\/1309","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/stopcommoncorenh.org\/sccnh\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/stopcommoncorenh.org\/sccnh\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/stopcommoncorenh.org\/sccnh\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/stopcommoncorenh.org\/sccnh\/wp-json\/wp\/v2\/comments?post=1309"}],"version-history":[{"count":1,"href":"https:\/\/stopcommoncorenh.org\/sccnh\/wp-json\/wp\/v2\/posts\/1309\/revisions"}],"predecessor-version":[{"id":1310,"href":"https:\/\/stopcommoncorenh.org\/sccnh\/wp-json\/wp\/v2\/posts\/1309\/revisions\/1310"}],"wp:attachment":[{"href":"https:\/\/stopcommoncorenh.org\/sccnh\/wp-json\/wp\/v2\/media?parent=1309"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/stopcommoncorenh.org\/sccnh\/wp-json\/wp\/v2\/categories?post=1309"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/stopcommoncorenh.org\/sccnh\/wp-json\/wp\/v2\/tags?post=1309"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}