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Parental Rights
The right of parents to make educational decisions for their children has evolved since the earliest reported state law cases in the last quarter of the 19th century. As state governments became more involved in regulating education, conflicts between parents and public officials led to litigation. Most recently, the rights of students themselves are being recognized. This entry summarizes the development of parental rights as evidenced in judicial decisions.
Natural Law
The earliest cases involved the application of state common law to requests by parents to make educational decisions on behalf of their children. The origin of this common law is not clear, but presumably it devolved from the notion that the responsibilities of parents to maintain, protect, and educate their children were undergirded by “principles of ...
- Biographies
- Alito, Samuel A., Jr.
- Black, Hugo L.
- Brennan, William J.
- Breyer, Stephen G.
- Burger, Warren E.
- Darrow, Clarence S.
- Douglas, William O.
- Frankfurter, Felix J.
- Ginsburg, Ruth Bader
- Jefferson, Thomas
- Kennedy, Anthony M.
- Marshall, John
- Marshall, Thurgood
- O'Connor, Sandra Day
- Rehnquist, William H.
- Roberts, John G., Jr.
- Scalia, Antonin
- Souter, David H.
- Stevens, John Paul
- Thomas, Clarence
- Warren, Earl
- Collective Bargaining
- Concepts, Theories, and Legal Principles
- Assault and Battery, Civil
- Attorney Fees
- Authority Theory
- Bureaucracy
- Civil Law
- Civil Rights Movement
- Common Law
- Consent Decree
- Contracts
- Copyright
- Critical Theory
- Defamation
- Deposition
- Disparate Impact
- Dual and Unitary Systems
- Due Process
- Educational Malpractice
- Equal Protection Analysis
- Fair Use
- False Imprisonment
- Federalism and the Tenth Amendment
- Fraud
- Hearsay
- Immunity
- In Loco Parentis
- Intellectual Property
- Interrogatory
- Negligence
- Parens Patriae
- Precedent
- Preventative Law
- Regulation
- Remedies, Equitable Versus Legal
- Rule of Law
- Social Sciences and the Law
- Stare Decisis
- Statute
- Statute of Limitations
- Constitutional Rights and Issues
- Access to Programs and Facilities
- Affirmative Action
- Age Discrimination
- Antiharassment Policies
- Bilingual Education
- Bill of Rights
- Burger Court
- Civil Rights Act of 1871 (Section 1983)
- Civil Rights Act of 1964
- Civil Rights Movement
- Compulsory Attendance
- Corporal Punishment
- Creationism, Evolution, and Intelligent Design, Teaching of
- Defamation
- Dress Codes
- Drug Testing of Students
- Drug Testing of Teachers
- Drugs, Dog Searches for
- Dual and Unitary Systems
- Eighth Amendment
- Eleventh Amendment
- Equal Protection Analysis
- Federalism and the Tenth Amendment
- First Amendment
- Fourteenth Amendment
- Free Speech and Expression Rights of Students
- Locker Searches
- Loyalty Oaths
- Pledge of Allegiance
- Political Activities and Speech of Teachers
- Prayer in Public Schools
- Privacy Rights of Students
- Privacy Rights of Teachers
- Rehnquist Court
- Released Time
- Religious Activities in Public Schools
- Roberts Court
- Segregation, De Facto
- Segregation, De Jure
- Sexual Harassment
- Sexual Harassment of Students by Teachers
- Sexual Harassment, Peer-to-Peer
- Sexual Harassment, Quid Pro Quo
- Sexual Harassment, Same-Sex
- State Aid and the Establishment Clause
- Title I
- Title IX and Athletics
- Title IX and Sexual Harassment
- U.S. Supreme Court Cases in Education
- Voting Rights Act
- Warren Court
- Curricular and Instructional Issues
- Ability Grouping
- Adequate Yearly Progress
- Bilingual Education
- Catholic Schools
- Charter Schools
- Cheating
- Compulsory Attendance
- Corporal Punishment
- Creationism, Evolution, and Intelligent Design, Teaching of
- Denominational Schools in Canada
- Distance Learning
- Early Childhood Education
- English as a Second Language
- Gifted Education
- Grading Practices
- Highly Qualified Teachers
- Homeschooling
- Kindergarten, Right to Attend
- Minimum Competency Testing
- Nonpublic Schools
- Plagiarism
- Rural Education
- Scopes Monkey Trial
- Sexuality Education
- Testing, High-Stakes
- Virtual Schools
- Year-Round Schools
- Educational Equity
- Brown v. Board of Education of Topeka and Equal Educational Opportunities
- Access to Programs and Facilities
- Affirmative Action
- Antiharassment policies
- Dual and Unitary Systems
- English as a Second Language
- Equal Protection Analysis
- Free Speech and Expression Rights of Students
- Gay, Lesbian and Straight Education Network (GLSEN)
- Gay, Lesbian, Bisexual, and Transgendered Persons, Rights of
- Hostile Work Environment
- League of United Latin American Citizens (LULAC)
- Limited English Proficiency
- Mexican American Legal Defense and Educational Fund (MALDEF)
- National Association for the Advancement of Colored People (NAACP)
- Rights of Students and School Personnel With HIV/AIDS
- Segregation, De Facto
- Segregation, De Jure
- Sexual Harassment
- Sexual Harassment of Students by Teachers
- Sexual Harassment, Peer-to-Peer
- Sexual Harassment, Quid Pro Quo
- Sexual Harassment, Same-Sex
- Sexual Orientation
- Sexuality Education
- Sports Programming and Scheduling
- State Aid and the Establishment Clause
- Thorough and Efficient Systems of Education
- Title IX and Athletics
- Title IX and Sexual Harassment
- White Flight
- Governance Issues
- Catholic Schools
- Charter Schools
- Distance Learning
- Federal Role in Education
- In Loco Parentis
- Nonpublic Schools
- Open Meetings Laws
- Open Records Laws
- Parens Patriae
- Right-to-Work Laws
- School Board Policy
- School Boards
- School Choice
- School Finance Litigation
- School-Based Decision Making
- Thorough and Efficient Systems of Education
- Tuition Reimbursement
- Virtual Schools
- Vouchers
- Web Sites, Use by School Districts and Boards
- Litigation — Collective Bargaining
- Litigation — Curricular Governance Issues
- Board of Education, Island Trees Union Free School District No. 26 v. Pico
- Jacobson v. Commonwealth of Massachusetts
- Kadrmas v. Dickinson Public Schools
- Lau v. Nichols
- Martinez v. Bynum
- Meyer v. Nebraska
- Plyler v. Doe
- Springfield Township, Franklin County v. Quick
- Stuart v. School District No. 1 of Village of Kalamazoo
- United States v. American Library Association
- Litigation — Desegregation and Affirmative Action
- Boilling v. Sharpe
- Bradley v. School Board of City of Richmond
- Brown v. Board of Education of Topeka
- Columbus Board of Education v. Penick
- Cooper v. Aaron
- Crawford v. Board of Education of the City of Los Angeles
- Cumming v. Board of Education of Richmond County
- Davis v. School Commissioners of Mobile County
- Dayton Board of Education v. Brinkman, I and II
- DeFunis v. Odegaard
- Dowell v. Board of Education of Oklahoma City Public Schools
- Freeman v. Pitts
- Givhan v. Western Line Consolidated School District
- Gong Lum v. Rice
- Goss v. Board of Education
- Goss v. Lopez
- Gratz v. Bollinger
- Green v. County School Board of New Kent County
- Griffin v. County School Board of Prince Edward County
- Griggs v. Duke Power Company
- Grutter v. Bollinger
- Hazelwood School District v. United States
- Keyes v. School District No. 1, Denver, Colorado
- McDaniel v. Barresi
- McDonnell Douglas Corporation, v. Green
- McLaurin v. Oklahoma State Regents for Higher Education
- Mendez v. Westminster School District
- Milliken v. Bradley
- Missouri v. Jenkins
- Monroe v. Board of Commissioners
- Northcross v. Board of Education of the Memphis City Schools
- Parents Involved in Community Schools v. Seattle School District No. 1
- Pasadena City Board of Education v. Spangler
- Plessy v. Ferguson
- Raney v. Board of Education
- Regents of the University of California v. Bakke
- Roberts v. City of Boston
- Rogers v. Paul
- Runyon v. McCrary
- Singleton v. Jackson Municipal Separate School District
- Spencer v. Kugler
- Swann v. Charlotte-Mecklenburg Board of Education
- Sweatt v. Painter
- United States v. Montgomery County Board of Education
- United States v. Scotland Neck City Board of Education
- Village of Arlington Heights v. Metropolitan Housing Development Corp.
- Wygant v. Jackson Board of Education
- Litigation — Jurisdiction of U.S. Supreme Court
- Litigation — Prayer and Religious Activities in Public Schools
- Abington Township School District v. Schempp and Murray v. Curlett
- Board of Education of Westside Community Schools v. Mergens
- Edwards v. Aguillard
- Elk Grove Unified School District v. Newdow
- Engel v. Vitale
- Epperson v. State of Arkansas
- Good News Club v. Milford Central School
- Illinois ex rel. McCollum v. Board of Education
- Lamb's Chapel v. Center Moriches Union Free School District
- Lee v. Weisman
- Santa Fe Independent School District v. Doe
- Stone v. Graham
- Wallace v. Jaffree
- Widmarv. Vincent
- Zorach v. Clauson
- Litigation — Religious Freedom
- Cantwell v. Connecticut
- City of Boerne v. Flores
- Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter-Day Saints v. Amos
- Employment Division, Department of Human Resources of Oregon v. Smith
- Minersville School District v. Gobitis
- National Labor Relations Board v. Catholic Bishop of Chicago
- Pierce v. Society of Sisters of the Holy Names of Jesus and Mary
- West Virginia State Board of Education v. Barnette
- Wisconsin v. Yoder
- Litigation — School Finance
- Litigation — Special Education and Rights of Disabled Persons
- Alexander v. Choate
- Arlington Central School District Board of Education v. Murphy
- Board of Education of the Hendrick Hudson Central School District v. Rowley
- Cedar Rapids Community School District v. Garret F
- Florence County School District Four v. Carter
- Honig v. Doe
- Irving Independent School District v. Tatro
- Mills v. Board of Education of the District of Columbia
- Pennsylvania Association for Retarded Children v. Commonwealth of Pennsylvania
- Schaffer ex rel. Schaffer v. Weast
- School Board of Nassau County v. Arline
- School Committee of the Town of Burlington v. Department of Education
- Smith v. Robinson
- Southeastern Community College v. Davis
- Timothy W. v. Rochester, New Hampshire, School District
- Wood v. Strickland
- Litigation — State Aid and the Establishment Clause
- Agostini v. Felton
- Board of Education of Kiryas Joel Village School District v. Grumet
- Board of Education v. Allen
- Cochran v. Louisiana State Board of Education
- Committee for Public Education and Religious Liberty v. Levitt
- Committee for Public Education and Religious Liberty v. Nyquist
- Committee for Public Education and Religious Liberty v. Regan
- Everson v. Board of Education of Ewing Township
- Grand Rapids School District v. Ball
- Lemon v. Kurtzman
- Locke v. Davey
- Meek v. Pittenger
- Mitchell v. Helms
- Mueller v. Allen
- New York v. Cathedral Academy
- Sloan v. Lemon
- Walz v. Tax Commission of the City of New York
- Wheeler v. Barrera
- Wolman v. Walter
- Zelman v. Simmons-Harris
- Zobrest v. Catalina Foothills School District
- Litigation — Student Rights
- Baker v. Owen
- Bethel School District No. 403 v. Fraser
- Board of Education of Independent School District No. 92 of Pottawatomie County v. Earls
- Carey v. Piphus
- Davis v. Monroe County Board of Education
- Debra P. v. Turlington
- Franklin v. Gwinnett County Public Schools
- Gebser v. Lago Vista Independent School District
- Grove City College v. Bell
- Hazelwood School District v. Kuhlmeier
- Hobson v. Hansen
- In re Gault
- Ingraham v. Wright
- Mississippi University for Women v. Hogan
- Morse v. Frederick
- Nabozny v. Podlesny
- New Jersey v. T. L. O.
- Owasso Independent School District No. 1011 v. Falvo
- Tinker v. Des Moines Independent Community School District
- United States v. Lopez
- United States v. Virginia
- Vernonia School District 47J v. Acton
- Winkelman ex rel. Winkelman v. Parma City School District
- Litigation — Teacher Rights
- Abood v. Detroit Board of Education
- Ambach v. Norwick
- Ansonia Board of Education v. Philbrook
- Beilan v. Board of Public Education
- Bishop v. Wood
- Board of Regents v. Roth
- Burlington Industries v. Ellerth
- Cannon v. University of Chicago
- Chicago Teachers Union, Local No. 1 v. Hudson
- Cleveland Board of Education v. Loudermill
- Connick v. Myers
- Davenport v. Washington Education Association
- Faragher v. City of Boca Raton
- Harrah Independent School District v. Martin
- Harris v. Forklift Systems
- Hortonville Joint School District No. 1 v. Hortonville Education Association
- Jackson v. Birmingham Board of Education
- Keyishian v. Board of Regents
- Meritor Savings Bank v. Vinson
- Mt. Healthy City Board of Education v. Doyle
- National Labor Relations Board v. Catholic Bishop of Chicago
- National League of Cities v. Usery
- National Treasury Employees Union v. Von Raab
- O'Connor v. Ortega
- Oncale v. Sundowner Offshore Services
- Perry Education Association v. Perry Local Educators ' Association
- Perry v. Sindermann
- Pickering v. Board of Education of Township High School District 205, Will County
- Rendell-Baker v. Kohn
- Robinson v. Jacksonville Shipyards
- Shelton v. Tucker
- Skinner v. Railway Labor Executives' Association
- Smith v. City of Jackson, Mississippi
- St. Martin Evangelical Lutheran Church v. South Dakota
- Organizations
- Education Law Association
- Equal Employment Opportunity Commission
- Gay, Lesbian and Straight Education Network (GLSEN)
- High School Athletic Associations
- League of United Latin American Citizens (LULAC)
- Mexican American Legal Defense and Educational Fund (MALDEF)
- National Association for the Advancement of Colored People (NAACP)
- National Collegiate Athletic Association (NCAA)
- Parent Teacher Associations/Organizations
- U.S. Department of Education
- Parental Rights
- Primary Sources: Excerpted U.S. Supreme Court Landmark Cases
- Abington Township School District v. Schempp and Murray v. Curlett (Excerpts)
- Agostini v. Felton (Excerpts)
- Bethel School District No. 403 v. Fraser (Excerpts)
- Board of Education of Independent School District No. 92 of Pottawatomie County v. Earls (Excerpts)
- Board of Education of the Hendrick Hudson Central School District v. Rowley (Excerpts)
- Board of Education of Westside Community Schools v. Mergens (Excerpts)
- Board of Education v. Allen (Excerpts)
- Brown v. Board of Education of Topeka I (Excerpts)
- Brown v. Board of Education of Topeka II (Excerpts)
- Cleveland Board of Education v. Loudermill (Excerpts)
- Davenport v. Washington Education Association (Excerpts)
- Davis v. Monroe County Board of Education (Excerpts)
- Engel v. Vitale (Excerpts)
- Epperson v. State of Arkansas (Excerpts)
- Everson v. Board of Education of Ewing Township (Excerpts)
- Franklin v. Gwinnett County Public Schools (Excerpts)
- Gebser v. Lago Vista Independent School District (Excerpts)
- Goss v. Lopez (Excerpts)
- Green v. County School Board of New Kent County (Excerpts)
- Hazelwood School District v. Kuhlmeier (Excerpts)
- Honig v. Doe (Excerpts)
- Illinois ex rel. McCollum v. Board of Education (Excerpts)
- Lee v. Weisman (Excerpts)
- Lemon v. Kurtzman (Excerpts)
- Martinez v. Bynum (Excerpts)
- Meyer v. Nebraska (Excerpts)
- Morse v. Frederick (Excerpts)
- New Jersey v. T. L. O. (Excerpts)
- Parents Involved in Community Schools v. Seattle School District No. 1 (Excerpts)
- Pierce v. Society of Sisters of the Holy Names of Jesus and Mary (Excerpts)
- Plyler v. Doe (Excerpts)
- San Antonio Independent School District v. Rodriguez (Excerpts)
- Tinker v. Des Moines Independent Community School District (Excerpts)
- Zelman v. Simmons-Harris (Excerpts)
- Zorach v. Clauson (Excerpts)
- Religion in Public Schools
- Special Education and Rights of Disabled Persons
- Assistive Technology
- Behavioral Intervention Plan
- Compensatory Services
- Disabled Persons, Rights of
- Extended School Year Services
- Free Appropriate Public Education
- Hearing Officer
- Inclusion
- Individualized Education Program (IEP)
- Least Restrictive Environment
- Manifestation Determination
- Rehabilitation Act of 1973, Section 504
- Related Services
- Response to Intervention (RTI)
- Stay-Put Provision
- Tuition Reimbursement
- Zero Reject
- Statutes and Treaties
- Canadian Charter of Rights and Freedoms
- Age Discrimination in Employment Act
- Americans with Disabilities Act
- Children's Internet Protection Act
- Civil Rights Act of 1871 (Section 1983)
- Civil Rights Act of 1964
- Digital Millennium Copyright Act
- Equal Access Act
- Equal Educational Opportunity Act
- Equal Pay Act
- Family and Medical Leave Act
- Family Educational Rights and Privacy Act
- Gun-Free Schools Act
- Internet Content Filtering
- Jacob K. Javits Gifted and Talented Students Education Act
- National Defense Education Act
- National Labor Relations Act
- No Child Left Behind Act
- Rehabilitation Act of 1973, Section 504
- Religious Freedom Restoration Act
- Stafford Act
- Title I
- Title IX and Athletics
- Title IX and Sexual Harassment
- Title VII
- United Nations Convention on the Rights of the Child
- Universal Declaration of Human Rights
- Voting Rights Act
- Student Rights and Student Welfare Issues
- Academic Sanctions
- Bullying
- Child Abuse
- Child Benefit Test
- Child Protection
- Children's Internet Protection Act
- Corporal Punishment
- Cyberbullying
- Denominational Schools in Canada
- Dress Codes
- Extracurricular Activities, Law and Policy
- Free Speech and Expression Rights of Students
- Gangs
- Gifted Education
- Grading Practices
- Graduation Requirements
- Hazing
- Homeless Students, Rights of
- Homeschooling
- Inclusion
- Juvenile Courts
- Kindergarten, Right to Attend
- Least Restrictive Environment
- Limited English Proficiency
- Locker Searches
- Manifestation Determination
- Minimum Competency Testing
- No Child Left Behind Act
- Nonpublic Schools
- Response to Intervention (RTI)
- Student Suicides
- Testing, High-Stakes
- Transportation, Students' Rights to
- Truancy
- Vaccinations, Mandatory
- Web Sites, Student
- Teacher Rights
- Academic Freedom
- Collective Bargaining
- Drug Testing of Teachers
- Due Process Rights: Teacher Dismissal
- Family and Medical Leave Act
- Highly Qualified Teachers
- Loyalty Oaths
- Personnel Records
- Political Activities and Speech of Teachers
- Privacy Rights of Teachers
- Reduction in Force
- Sexual Harassment of Students by Teachers
- Teacher Rights
- Tenure
- Technology
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