Opting Out Of Testing Is A Parental Right Supported by the Supreme Court
Excerpts from a letter from Kansas State School Board member Dr. Walter Chappell regarding parental rights to protect their children’s privacy.
Parents, teachers and taxpayers from across America have finally realized what Federal bureaucrats and a few major corporations are trying to do to our children. The Common Core Standards and NCLB waivers have so many expensive and experimental strings attached, that citizens are taking action to put a stop to this unfunded, untested fiasco.
As each of us shares information, please let parents know that they can take immediate action to protect the privacy of their children’s and family’s data. Feel free to print and distribute the attached Opt-Out Form for parents to take to their child’s school. You may also want to email copies of the CCS Fact Sheet and Form to your networks. The FAQ document will help answer their questions about their rights as parents to protect their child’s privacy and to opt-out of standardized tests.
While state legislators work on bills next Session to keep student-level data from leaving our state and stop national testing—parents have the legal right this Fall to opt-out of testing and to insist that no data which identifies their child leaves the local school district without their prior written consent.
Parents all over America have been opting their children out of standardized tests since the 1990’s. Now that Common Core tests are capturing data on children, thousands of parents are making sure that their child does not take these year-end tests or the computerized Common Core tests given during the school year. FYI, some schools are using Pearson tablets which require that each student log-in each day and tracks their individual data to be sent outside the school district.
Dr. Walt Chappell, President
EDUCATIONAL MANAGEMENT CONSULTANTS
3165 N. Porter, Wichita, KS 67204
If you would like to learn more, Kansans Against Common Core has put out a very informative piece about your rights to opt your child out of standardized testing. Find the FAQ’s on Year End Testing Opt Out here.
In addition, Uniting 4 Kids has produced this wonderful document, “A Guide To Exercising Your Parental Rights”, providing further support for parental rights. Highlights include:
Parental rights are broadly protected by Supreme Court decisions (Meyer and Pierce), especially in the area of education. The Supreme Court has repeatedly held that parents possess the “fundamental right to direct the upbringing and education of their children. Furthermore, the Court declared that ‘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.’ (Pierce v. Society of Sisters, 268 U.S. 510, 534-35)”
“The Supreme Court criticized a state legislature for trying to interfere ‘with the power of parents to control the education of their own.’ (Meyer v. Nebraska, 262 U.S. 390, 402.) In Meyer, the Supreme Court held that the right of parents to raise their children free from unreasonable state interferences is one of the unwritten ‘liberties’ protected by the Due Process Clause of the Fourteenth Amendment. (262 U.S. 399).
In recognition of both the right and responsibility of parents to control their children’s education, the Court has stated, ‘It is cardinal with us that the custody, care and nurture of the child reside first in the parents, whose primary function and freedom include preparation for the obligations the State can neither supply nor hinder.’ (Prince V. Massachusetts, 321 U.S. 158)” [Uniting4Kids, “A Guide to Exercising Your Parental Rights”]
Finally, Uniting4Kids points out this line from the U.S. Supreme Court (in American Communications Association v. Douds): “It is not the function of our government to keep the citizen from falling into error; it is the function of the citizen to keep the government from falling into error.”