Policy 639: Parental Rights in Education

The board of trustees recognizes the fundamental rights and responsibilities of parents as primary stakeholders to make decisions regarding the upbringing and control of their children.  Accordingly, the board of trustees adopts this policy to promote the involvement of parents and guardians of children enrolled in the district’s schools.

DEFINITIONS

As used in this policy, the following definitions apply:

“Health care service” means a service for the diagnosis, screening, examination, prevention, treatment, cure, care, or relief of any physical or mental health condition, illness, injury, defect, or disease.  School health care services do not include any of the following:  providing or performing an abortion; counseling in favor of abortion; referrals for abortion; or dispensing emergency contraception.

“Health information” means information or data, collected or recorded in any form or medium, and personal facts of information about events or relationships that relates to:  (i) the past, present, or future physical, mental, or behavioral health or condition of an individual or member of the individual’s family; (ii) the provision of health care services to an individual; or (iii) payment for the provisions of health care services to an individual.

“Minor child” means an individual under the age of 18 years of age but does not include an individual who is an emancipated minor.

PARENTAL OBJECTIONS TO LEARNING MATERIALS OR ACTIVITIES 

Parents, guardians and students are expected to abide by the district’s policies, practices and procedures governing the operation of the district’s schools.  However, a student’s parents or guardians have the right to reasonable academic accommodation from their child’s school.  For the purposes of this policy only, “reasonable accommodation” means the school shall make its best effort to enable a parent or guardian to exercise their rights without substantial impact to staff and resources, including employee working conditions, safety and supervision on school premises for school activities and the efficient allocation of expenditures, while balancing the parental rights of parents and guardians, the educational needs of other students, the academic and behavioral impacts to a classroom, a teacher’s workload and the assurance of the safe and efficient operations of the school.

Parents/guardians who have an objection to their child’s participation in the district’s adopted curriculum or the district’s implementation of its policies, practices, and procedures, and who would like to request reasonable accommodation should first address such request with their child’s teacher.  If a reasonable accommodation cannot be reached, parents/guardians should then address such request with building administration.

Parents/guardians who object to their child’s participation in the district’s adopted curriculum or the district’s implementation of its policies, practices, and procedures on the basis that it harms the child or impairs the parents’/guardians’ firmly held beliefs, values, or principles, may withdraw their child from the class, activity, or program at issue.  Parents/guardians who withdraw their child from the district-provided class, activity, or program are responsible for identification and provision of alternative educational activities for their child during any time the child is not participating in the district-provided activity, at no cost to the district.  The final decision of the selected alternative educational activity will be first at the discretion of the child’s teacher or building principal, and if necessary the district, with input from the parents/guardians, considering requirements for the child’s advancement and graduation and considering the reasonable accommodation provisions set forth herein.

The district is not responsible for the selection, adoption and removal of curricular material for dual credit courses offered by an institution of higher education.  Academic accommodations and excusal of students from objectionable material is at the sole discretion of the course provider.  Parents/guardians are encouraged to familiarize themselves with dual credit course instructional materials prior to student enrollment in such courses.

USE OF NICKNAMES AND PRONOUNS

In accordance with Idaho Code §67-5909B, the district will not subject any student to adverse disciplinary action where the student declines to (a) identify such student’s pronouns; or (b) address a person using a name other than the person’s legal name, or a derivative thereof, or by a preferred personal title or pronoun that is inconsistent with the person’s sex.  The district will obtain written permission from parents/guardians to use a name other than a minor student’s legal name or a derivative thereof, or by a preferred personal title or pronoun that is inconsistent with the student’s sex.

PARENTAL INVOLVEMENT IN MEDICAL DECISION-MAKING

School staff will obtain parent/guardian consent prior to furnishing any health care service to a minor student except in emergency situations as described in Policy 564 – Health Records and Emergency Care.  Any health information maintained by the district will be provided to parents/guardians upon written request, except where parent/guardian access to such information  is prohibited by court order or where the parent/guardian is the subject of an investigation related to a crime committed against the child and a law enforcement officer requests that the information not be released to the parent/guardian.

School staff are responsible for encouraging students to discuss issues related to the student’s well-being with the student’s parents/guardians and, if necessary, to facilitate discussion of the issues with the parents/guardians.  Consistent with Idaho law and district policy, parents/guardians will be notified by their child’s school of known changes in the student’s mental, emotional, or physical health or well-being.  The district will not adopt procedures, policies, or student support forms that prohibit school personnel from notifying parents/guardians about a student’s mental, emotional, or physical health or well-being or a change in related services or monitoring or that encourage or have the effect of encouraging a student to withhold from parents/guardians such information.  However, the district may withhold such information from parents/guardians if ordered to do so by a court of competent jurisdiction.

PARENTAL INFORMATION ON COURSE OF STUDY AND LEARNING MATERIALS

Parents/guardians are entitled to review all learning materials, instructional materials, and other teaching aids used in their student’s classroom.  Teachers are encouraged to notify parents/guardians at the beginning of each school year how to access classroom learning materials.  Parents/guardians may contact their student’s teacher or school administration for access to learning materials. 

STUDENT CONTACT WITH LAW ENFORCEMENT OFFICIALS

Consistent with Idaho law and district policy, school personnel will notify a student’s parents/guardians if a student has been or may be questioned by a school resource officer or other law enforcement official, unless the child is a victim or suspected victim of physical child abuse.

STUDENT SURVEYS

Prior to the administration of any noncurricular-related student survey, well-being questionnaire, or health screening to any student, the school personnel administering such survey, questionnaire or screening must first obtain consent from the superintendent or designee.  If the content of any such survey, questionnaire or screening regards an individual student’s sexuality, sex, religion, personal political beliefs, mental or psychological problems, personal family information, or individual or family financial information, school personnel shall provide the survey, questionnaire, or screening form to the student’s parents/guardians in advance and obtain written permission from the parents/guardians for the student’s participation.

SCHOOL VISITATION BY PARENTS/GUARDIANS

Parents/guardians shall have reasonable access to observe all school activities during school hours at the school in which their child is enrolled, unless the parent/guardian is otherwise legally prohibited from accessing the child’s school.  Observations of individual classrooms during instructional time shall be permitted with the building principal’s and teacher’s prior approval and consistent with district policy.  The building principal reserves the right to limit or refuse visitations by parents/guardians if their occurrence, duration, frequency, or conduct on campus interferes with the delivery of instruction or disrupts the normal school environment.  Additionally, nothing in this policy shall prevent the reasonable denial of entry due to emergency or safety drills, situations outlined in school safety plans, an emergency lockdown, periods of statewide testing, school officials’ enforcement of school governance provisions set forth in Idaho Code §33-512 or other specific situations enumerated by the school.

REQUIREMENTS NOT WAIVED

Withdrawing a child from an activity, class, or program required for advancement or graduation under board or state approved curricula does not waive requirements and may result in adverse consequences to the child’s education, including but not limited to, ineligibility to advance to the next grade level, ineligibility to enroll in other classes, and/or denial of diplomas or other certificates. 

ANNUAL NOTICE

The district shall annually notify parents and guardians of children enrolled in the district’s schools of the parent’s or guardian’s rights as specified above through notification on the school website under policy 639.In addition, at the start of each school year, the district shall notify parents/guardians of health services offered or made available through the school or by private organizations, including preventative health and wellness services, screenings, medication administration, first aid and emergency care, and appropriate management of all health conditions.  The notice will include a statement that all such health services will be provided only with parental consent and that such parental consent does not waive parents/guardians’ right to access their children’s educational or associated health records or to be notified about their children’s health status or monitoring.

PARENT COMPLAINTS

Parents/guardians who believe their rights, as enumerated in this policy, have been violated may file a complaint utilizing the district’s patron complaint procedure (policy 1012).

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LEGAL REFERENCE:

Idaho Code Sections

32-1010 – Intent of Legislature – Parental Rights

32-1012 – Parental Right to Direct Education of Children

32-1013 – Interference with Fundamental Rights Restricted

32-1015 – Parental Rights in Medical Decision-Making

33-6001 – Parental Rights

33-6002 – Annual Notice of Parental Rights

CROSS-REFERENCE:

Maintenance of Orderly Conduct #540

Health Records and Emergency Care #564

Patron Complaint #1012

ADOPTED:   November 20, 2024

AMENDED: 

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