What You Should Know About Your Parental Rights
In July 2021, Florida enacted a Parents’ Bill of Rights. (Florida Statute Chapter 1014).
The Parents’ Bill of Rights has been utilized to ban books, change curricula, and put pressure on school districts to remove teachers and subjects being taught in Florida’s public schools.
While its initial purpose and use might be concerning to some, understanding its content and using it strategically will be an important tool for parents to have and use.
What You Should Know About Your Parental Rights?
The law is intended to protect the “Fundamental Parental Rights”.
The law states that it is the fundamental right of parents to direct the upbringing, education, and care of their minor children.
- School districts must NOT withhold information about the child’s health, well-being, and education from their parents.
- School districts must NOT infringe on the parents’ right to direct their child’s education, upbringing, health care, mental health care, and moral or religious training.
- School districts must NOT interfere with the Parents’ right to school choice. (including the right to attend a religious school or home education program)
What power does the law provide to parents?
For the first time, this law expands access to Records & Curriculum. Historically, as experts, the school districts were given wide latitude and deference when it came to selecting curriculum and determining what information should be taught to students and how best to teach those students. The school districts were also given broad discretion to determine what information should be shared with parents. This law changed the balance of power and handed much of that power to parents.
This Florida law grants parents the right to:
- Review all instructional materials, curricula, books, and lesson plans/ implementation plans.
- Elementary schools must post, in a searchable format on their websites, a list of all materials in school libraries and reading lists.
- The Florida Department of Education must publish and regularly update a list of all materials removed or discontinued due to objections.
- Each school board must have a process that allows parents and residents to object to specific instructional materials and ensures those objections are addressed and resolved.
- Review all school records related to your own child (although still subject to privacy requirements), including videos.
- Withdraw consent for any curriculum or curriculum components if a parent finds them objectionable (including health education).
Procedural Protections
- The law further requires school districts to offer complaint procedures for any issues regarding these rights. If a concern is not resolved within the prescribed time frame, a parent may escalate it, including seeking legal or administrative recourse. If still unresolved, the parents can request a neutral Special Magistrate to review the matter and recommend a resolution.
- This complaint power has been effectively utilized to pressure school boards and drive significant changes in how schools teach their students. This same complaint process can and should be utilized to ensure that students with disabilities are getting the curricula, supports, and services they are entitled to.
If this law can be used to ban books and stop health classes, then it can also be used to shape the curricula and methodologies being used in separate and self-contained special education classrooms.
Although we are not aware of anyone attempting to use the Parents’ Bill of Rights in this manner, we believe it can and should be tried. If parents truly have the right to “direct the upbringing, education, and care of their minor children,” then let’s use this law to change how we teach students in separate classrooms, students in modified/access point programs, and even those students in behavior programs.
If the system needs to change, and we believe that it does, then let’s make it better and stronger and safer for all students.
Need Assistance? Langer Law, P.A. Is Here for You
We are happy to provide guidance, legal advice, or support in navigating school policies. Contact us at helpline@langerlawpa.com or (305) 570-0940 www.langerlawpa.com.
Langer Law, P.A. will continue to send out informational emails throughout the year to help you stay informed.
Resources and Links:
Florida Department of Education Parental Rights page.
Share your Concerns Directly with the Florida Department of Education: Email your concerns along with any supporting information.
Share your concerns with the Attorney General’s Office of Parental Rights: File a complaint with the Attorney General’s Office of Parental Rights related to violations of the Parents’ Bill of Rights.
Contact your School’s Principal: Florida law now requires school principals to be responsible for instructional and library materials on their campuses. You should always feel free to share your concerns directly with your child’s school principal.
Review Your School District’s Policies Online: Florida law now requires school districts to adopt and post policies online for several parental rights.
