California Bishops Back Opt-Out
The following was prepared by the California Catholic Conference [of bishops] education committee (July 2010) and posted on the bishops' site this summer.
Most of California's Catholic families with school-age children choose to enroll them in the state's public schools-rather than in Catholic or other private schools. However, many families are unfamiliar with the laws that govern what their child will be allowed to do-or asked to do-and unaware of certain ideas and information their child will be taught while at school.
WHAT THE CHURCH TEACHES: As Catholics, we strongly believe that parents are the first and foremost educators of their children. The Catholic Catechism states that families are the "privileged community" where children are meant to grow in wisdom, stature, and grace (# 2206-2209). The Church counsels us to work with public authorities to ensure and protect the rights of parents.
WHAT THE LAW SAYS: In addition our federal constitution supports the concept that parents have the right to "direct" their children's education. In 1925 the U. S. Supreme Court affirmed unanimously in Pierce v. Society of Sisters that "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."
OBJECTIONABLE EDUCATION: According to California law (Education Code Sections 51240, 51513, and 51938) a parent or guardian may request that his or her child be excused from any class, assembly, presentation, discussion, project, survey, extracurricular activity or program presented by the school district and/or by its agents which involve any of the following:
• • Sex or family life education
• • AIDs or HIV education
• • Acquisition and/or use of birth control devices or drugs
• • Abortion
• • Death education of any type including "assisted suicide"
• • Homosexuality
• • Sexual perversions
• • Showing of R, NC-17 or X-rated films
• • Meditation, yoga, conjuring of spirits
• • Witchcraft
• • Counseling except as recommended by the student's physician
• • Questionnaires, role playing or other strategies to examine the moral and religious beliefs of the student and/or the student's family members
• • Diversity education which teaches tolerance for variant lifestyles
•
By law, at the beginning of each school year, public schools send home many documents. In one of these documents, the school district will be giving notification that the school assumes approval of all of the school's curriculum and activities.
In other words, if a parent or guardian does not approve of any of the topics mentioned above he or she must notify the school. If the parent or guardian does nothing the school officials can and will assume approval or an "opt-in" to the school's entire program.
However, the language explaining the school's policy regarding "opt-in" and "opt-out" is written in "legalese" and can easily be overlooked or misunderstood by families.
IN PLAIN WORDS: Parents or guardians who object to certain education offered to their children must specifically request that they be excused, i.e., they must "opt-out," or the school assumes that permission for the students to participate has been granted.
• • In order to make that "specific request" a parent or guardian must complete an "opt-out" form. A standard "opt-out" form can be obtained from the school office.
