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1 1 (March 14, 2023)

handle is hein.amenin/aeiaenq0001 and id is 1 raw text is: * For the past QQ years, the US. Suprem Court has held that parertal right> are a unnda- rnental right, but this federal precedent has had limited practical impact in opulic schools. M Sate Iegi slation can codiv the Cdurt's decisions andl provide addition a protections for parental rigts. She majority o` sta;E, however, have not codified these parental rights TI Kirnt the ability of parents, school boards, and state leaders to take practical steps to protect them. The crisis o cohnfidSace in Amercan public edu c- tion has one primary cause: Americans are hearing far too many stories of pi rlc schools hiding essen tial information from parents and making funda- mental decisions abo t children without their p ir- ents' kin owlcdge or consent ' It shouldn't be this w-ay. For the past rc; years, the US Su pe n Cnur has held that parental rights are a fundamen al right. B*t curing the past fe-w decades, it has also retr ead forn applying this principle con istently in the context of public Cdu- cation by refusig to grant certiorar, or review, of federal circuit court decisions that weaken pamn- tal rights.; But there's no reason we must rely excluslvely on courts applyg federal precedent. Sate poliy makers can, and should, pass legislation enshrining the fundamental rights of prects to direet the upbringing and educatin if thWir children, The federal. ciri court decisions that have ruled against paren s and generally weakened paren- tal rights have also mnode it qu c ear that state law, state courts, and local school boards can pro- tect parental rights when federal Courts cannot.4 For example, a recnt federal district court deci- sion aifirned a school board's decision to pull sev- eral controversial books from schnoor libraries: The Solution One of te mnai: missions at the Pareeta Rights Foundation is to take current US Suprerne Court precedent--that parental riights are a fundamental right and any' inringenc-o on themr by the govern- n nt must uiee the strict scr-tiny test-----and put it in the black and wnitc of state code. Governors, state a torneys g;enr iil, and stite departments of education could thus protect parental rights as a straightforwrird matter of enforcing state code. This also allows school boards to cite state code to

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