New online tool outlines eight key parental rights in education

Sutherland Institute recently launched the Utah Schools Navigator, an online tool to help parents search for nearby schools and learn crucial information about education policy.

As parents navigate the new education choice landscape, they need to feel equipped to understand their parental rights and responsibilities in education.

Luckily, the Utah Schools Navigator includes a “Learn” tab where families can find frequently asked questions, school rankings, and eight key parental rights to know.

Below is the parental rights information directly from Utah Schools Navigator’s Learn page. Check it out.

1. Parents have the right and responsibility to direct their child’s education.

A parent’s right to direct their child’s education is protected by federal and state law, including U.S. Supreme Court cases and state statutes. The U.S. Supreme Court has recognized a fundamental liberty interest of parents to direct the care, upbringing, and education of their children. Utah Code 80-4-104 says that parents retain “the fundamental right and duty to exercise primary control over the care, supervision, upbringing, and education of the parent’s child.”

Utah Code 53E-2-201 says, “Parents have the primary responsibility for the education of their children.”

It also says, “All children of the state are entitled to a free elementary and secondary public education as provided in Utah Constitution, Article X.” They are free to choose the public education system or to choose alternatives.

2. Parents have a right to seek academic accommodations.

Utah Code 53G-6-803 includes a list of parent requests that an LEA must “reasonably accommodate,” including a parent’s initial selection of a teacher, a parent’s request to visit or observe a class their child attends, a parent’s written request to put their child in a specialized class, a parent’s request to meet with a teacher at a mutually agreed upon time, or the request to retain a child in a grade based upon their ability or maturity.

3. Parents have the right to review curriculum and opt their child out of activities and curriculum that violate their religious beliefs.

While parents cannot dictate which curriculum a district approves or a teacher uses in class, they do have the right to review curriculum, with information required to be on each district’s website for how to access it, according to Utah Code 53G-4-402.

Utah law requires that there be a transparent process when an LEA adopts district-wide curriculum, including at least two public meetings for teachers and parents to express views (53G-4-402).

Schools are required to notify parents if their student opts out of school curriculum or activity based on the child’s or the child’s parents’ religious belief or conscience (53G-10-205).

4. Parents have rights related to student data and its privacy.

Both federal and state law protect student privacy and data while also protecting a parent’s right to access their student’s education records and other data.

Parents have the right to inspect or review a child’s educational records. They have the right to request that an education record they believe is inaccurate or misleading be corrected or amended, according to a federal law called the Family Educational Rights and Privacy Act (FERPA). Parents must generally give written consent before disclosing personally identifiable information. Parents can file a complaint at the state or federal level if data privacy rights have been violated.

Utah law also protects parents’ access to student information. Under Utah Code 53E-9-205, a school or local education agency may not prohibit a parent from accessing the child’s education record and generally may not adopt policies or take actions that shield a student’s education record from the parent, subject to certain exceptions.

Both federal and state law cover parents’ rights on surveys. The federal Protection of Pupil Rights Amendment (PPRA) provides parents with rights concerning certain student surveys, the collection of certain information, access to certain instructional materials, and other student privacy matters.

Parents generally must give consent for schools to use tests, surveys, or evaluations to ask students for protected information like political affiliation, mental or psychological problems, sexual behavior, orientation, or attitudes, illegal, antisocial, self-incriminating, or demeaning behavior, or more (Utah Code 53E-9-203).

More information can be found in Utah Code 53E, Chapter 9, Family Educational Rights and Privacy Act (FERPA), Protection of Pupil Rights Amendment (PPRA), Utah Code, and the Utah State Board of Education Parent Portal.

5. Parents have rights related to the education of their students with special needs.

Both federal and state law create protections for students with disabilities and special needs. Key federal laws include the Individuals with Disabilities Education Act (IDEA), Americans with Disabilities Act (ADA), and Section 504 of the Rehabilitation Act. Through federal law, children with disabilities are entitled to a free and appropriate public education (FAPE) and Individualized Education Programs (IEPs). Utah Code 53E, Chapter 7 and Utah State Board of Education rules also cover these topics. Parents must give consent to initiate special needs evaluations and services. A parent has many rights related to and throughout the IEP process, including the right to participate in meetings, receive prior written notice of certain proposed actions, and challenge decisions through a dispute resolution process. For more details, review the Accommodations and Special Education page of the Utah State Board of Education Parent Portal, Understanding Your Rights: Special Education Quick Facts, or check out the Utah Parent Center or Disability Law Center.

6. Parents have rights related to the education of their students with special needs.

Utah law requires that local school boards provide a reasonable opportunity for the public, including parents, to provide comments at qualifying open meetings.

7. Parents have the right to seek open enrollment outside of their assigned schools.

Utah’s open enrollment law requires local school boards to allow nonresident students to enroll in a school if the school has capacity (53G-6-402). It also requires that each district post a capacity report on its website, allowing parents to see whether schools are open or closed (53G-6-403).

8. Parents have the right to homeschool their children.

Utah parents have the right to homeschool their children. The state has a very flexible homeschool law that simply requires a one-time notification to their local school district stating that they are going to homeschool. Parents have a high level of autonomy as there is no required curriculum, instruction hours, or testing (53G-6-204).

Homeschool parents may still enroll their students in public school sports and extracurriculars, subject to eligibility rules, and their students may still be eligible for special education services in some circumstances, such as dual enrollment.

Conclusion

Parents who want more specific details about these topics or guidance when searching for schools can sign up for one-on-one assistance or a consultation using the Contact form found on the Utah Schools Navigator.