Parents across the state of Arizona are attempting to opt their child out of AZMerit testing. They are being harassed, or ignored. Their children are being victimized and there are NO statewide office holders standing up for their rights, or taking responsibility for the disaster known as AZMerit.
Don’t take abuse and know your rights:
Parents have the right, as well as the responsibility, to direct their children’s education and upbringing in a manner consistent with their beliefs and with their knowledge of each child’s unique needs, talents, and abilities. Arizona statutes recognize the critical role of parents and spell out specific rights they have to help them in directing their child’s education and upbringing.
The United States Supreme Court has recognized the importance of parental rights and has repeatedly held that parents possess the “fundamental right” to “direct the upbringing and education of their children.” The Court said: “[T]he 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.”[1]
However, a 2000 Supreme Court case weakened the standard that the courts use to evaluate infringement on parental rights by the government.[2] Additionally, a push to adopt the United Nations Convention on the Rights of a Child could jeopardize the traditional American understanding of the fundamental role of parents in children’s lives.[3]
Parents’ Bill of Rights
Recognizing the need to specifically protect parents’ rights in state law, Center for Arizona Policy (CAP) worked with the Arizona Legislature in 2010 to pass the Parents’ Bill of Rights. This statute sets forth the broad rule of parents’ rights: “The liberty of parents to direct the upbringing, education, health care and mental health of their children is a fundamental right.”[4] The law also specifies that the government may not interfere with parental rights unless it demonstrates a compelling interest of the highest order that is narrowly tailored to meet that interest and that is not otherwise served by a less restrictive means.[5] This standard allows for children to be protected from abusive situations, while still ensuring that parents’ rights are not infringed by government officials who may simply believe they know better than a parent.
In addition to the broadly stated rule, the Parents’ Bill of Rights lists some of the parental rights spelled out in state statutes and guaranteed by the state and federal constitutions. Arizona law recognizes that To read more: From the Policy Pages, click here…