by: Hank Pellissier | Updated: July 15, 2022

Is it legal for a teacher to spank your child? Can you make sure Creationism isn’t taught? Do students, regardless of their immigration or citizenship status, have the right to a free public school education?

Finding answers to these and other loaded questions about your rights and your children’s rights in U.S. public schools isn’t obvious. Should you start by looking to the federal government? Not so fast. Our founding fathers didn’t claim federal authority over public education. In 1791, they passed off the responsibility of teaching reading, writing, and arithmetic (and discipline!) to the 14 states, as written in the Constitution’s 10th Amendment. Yes, there’s a Department of Education in D.C., but as it freely admits on its website, “Education is primarily a state and local responsibility.”

To learn your rights as a public school parent, think local. Start by checking the standards of your state’s Department of Education, from Alabama to Wyoming. Then, turn to your school district and child’s school for answers. You can find information on your school and district by looking both up at GreatSchools.org.)

This said, in the centuries that have followed since the Constitution was written, the Supreme Court has added substantial constitutional rights for parents and children. Congress overcame its initial hesitations to pass sweeping education reforms like the 1964 Civil Rights Act, the Education for All Handicapped Children Act, the No Child Left Behind Act, and numerous landmark policies.

Here are 15 of your unalienable rights in the U.S. public school system.

1. The right to a free education

Every child is entitled to a free public school education in the U.S. However, there may be certain additional expenses that parents still have to pay. You will need to investigate state, district, and school policies to find out what these are. For example, California’s Bill AB 1575 lists which services are free and which ones are not. Most schools, for example, can demand payment for overdue library books, school lunches (unless a student qualifies for a free lunch), and participation in some student groups. If your child’s school insists on payment for an item or service that you believe should be free, you can ask the principal for the cost to be waived. The American Civil Liberties Union (ACLU) claims it is legal to ask students and parents to pay for activities. But the ACLU believes that payment is voluntary, and says that it is illegal to refuse participation in sports, clubs, or activities to students who do not pay.

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District Deeds Grade: Kinda Never

The SDUSD is notorious for forcing parents to pay for school supplies under the guise of “voluntary” contributions.  Here is an example from Wagenheim Middle School:

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2. All children have a right to a free education

In 1982, the U.S. Supreme Court decided that all children, regardless of their immigration status, have the right to a free K-12 public education. This means that your and your child’s immigration status is irrelevant and not the school’s business. Your child has the legal right to receive an education without fear of deportation or discrimination. You don’t have to present a green card, visa, passport, alien registration number, social security number, or any other proof of citizenship or immigration status to get your child enrolled. It is unlawful for the school to ask for proof of citizenship, and if they ask you don’t have to answer. If you’re consistently hassled, it’s a violation of federal law. For assistance, you can contact school district officials, an attorney, the Office of Civil Rights of the U.S. Department of Education (800-421-3481), or ACLU.

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District Deeds Grade: Kinda So

The ultra liberal far left SDUSD Board of Education is a huge promoter of immigrant rights to get elected in California.  Here is a chart from Univision:

Getting elected and re-elected for personal gain is the primary purpose for the current SDUSD School Board.  What better way to grow their opportunities for corruption than than to take a strong pro-immigration stance.

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3. The right to be free from discrimination

The U.S. Constitution guarantees equal treatment to everybody, including public school students. You have the right to demand the education you believe your child needs. (For support, you can contact the ACLU.) If you think your child is unfairly on a “slow track” and is being excluded from college preparatory classes due to racial or class stereotypes, you can challenge this placement. If your daughter isn’t allowed into classes like woodshop or auto shop because of her gender, that’s illegal. If she’s prevented from attending classes, graduation, or other activities because she’s pregnant, that violates her Constitutional rights. Girls also have the right to receive equal athletic opportunities.

If your student is gay, they have a right to take a same-sex date to the prom. (This is, admittedly, a battle in many areas.) If they have a disability, like deafness, they have the right to have this accommodated with a sign language interpreter or another form of assistance. If you have a transgender child, the issue gets more complicated with recent state-based movements and U.S. Department of Education developments, which state, “They might have the right to use a bathroom that corresponds to their gender identity, depending on their state or municipality.” The right to use a bathroom that corresponds to their gender identity exists in 19 states, plus D.C. and more than 200 municipalities. Here’s guidance on this contentious issue from the ACLU.

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District Deeds Grade: Kinda No

This one is simple.  We urge our readers to review “NAACP San Diego Branch Press Release: “Racial Issues are Alive and Well in San Diego Unified” where former NAACP San Diego Branch President Francine Maxwell said “Racist incidents are going to continue to show their hideous faces until we address the systemic racism in our schools. ”

Nuff said!

4. Right to learn English and get translation services in school

In 1974, the Supreme Court decided in Lau vs. Nichols that the public education system must provide English language instruction because failure to do this keeps children from fully participating in school, and violates the Civil Rights Act of 1964. If you or your children aren’t fluent in English because your native tongue is Spanish, Cantonese, Arabic, Cherokee, or one of the other 350 languages spoken in America’s melting pot, you have the right to ask for an interpreter and the right to have lessons and homework assignments translated into a language your child understands. Many states with a high percentage of non-English speakers(California is 29 percent, Texas is 18 percent) offer English as a Second Language and bilingual programs to assist immigrant children.

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District Deeds Grade: Kinda No

There is a sizable English Language Learner population in the SDUSD but it is generally mismanaged by the SDUSD that is primarily focused on producing favorable propaganda numbers for the press.  Here is a letter from an ELL parent describing the real SDUSD ELL support: Open Letter To The SDUSD – ELL Parent/DELAC Member in “Utter Disbelief” Over DELAC Executive Board “Civil Rights Violation”

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5. Right to be safe in school

Many state laws require schools to provide a safe and supportive learning environment, with a School Safety Plan your school’s principal has designed. Civil rights laws are in place to protect students from bullying at all federally funded schools. Teachers and fellow students cannot harass your children about their race, national origin, color, sex, disability, ethnicity, or religion. If your child is victimized, you can notify the U.S. Department of Education’s Office for Civil Rights and the U.S. Department of Justice. If a student makes the school an unsafe environment by carrying a weapon or explosive, starting fights, robbing students, selling drugs, or sexually assaulting classmates, you have the right to ask for the suspension or expulsion of the student.

However, safety from physically abusive teachers isn’t guaranteed. Remarkably, corporal punishment is allowed in 19 states despite the American Psychological Association’s condemnation.Corporal punishment generally refers to “paddling.” Teachers are not permitted to choke, punch, slam children against a wall, or cause injury that requires medical attention beyond first aid. If they do, they may be suspended or arrested. (GreatSchools.org also offers advice if your child is berated and humiliated by a bullying teacher.)

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District Deeds Grade: Kinda No

The article focused on Bullying and Teachers abusing Students which we address in the District Deeds “The San Diego Unified School District Student Abuse Report“.  But how about safety in the school site environment?

Last Sunday we described the current SDUSD School Site “lead in water” issue this way:

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• Lead in water at multiple school sites hidden by Trustee Richard “Tricky Dick” Barrera since he was elected in 2008.

Here are quotes from an article in Voice of San Diego on April 17, 2017 titled “‘Look, You Can’t Do a Ribbon-Cutting on New Plumbing’“:

In an eerily prescient statement, former San Diego Unified Trustee Scott Barnett told us in 2015 that when it comes to prioritizing projects funded by school bond money, “it’s about what the parents want and what the politicians want. Look, you can’t do a ribbon-cutting on new plumbing, right? But you can do it on a new stadium.”

And…

In 2008, San Diego Unified told voterslocal Proposition S money would “repair/replace deteriorating plumbing and sewer systems” at the school.

In 2012, San Diego Unified told voters Proposition Z money would go there to “upgrade old plumbing and sewer systems.”

Last week we quoted our own article from 2017:

FIVE YEARS AGO on July 19, 2017 we posted “Flint Water West? SDUSD Supt. Marten and Board Covered Up “Lead in Water” Investigation for SEVEN MONTHS!!!”

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Lead in Water is NOT being “Safe in School” no mattter what “rinse and repeat” SDUSD Propaganda outlets make that claim.

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6. Right to freedom of speech and religion

The U.S. public school system is secular (non-religious) and state laws have traditionally barred public funding for religious schools. However, in 2022 the Supreme Court ruled in Carson v. Makin that when a state funds private schools, it must fund all such schools, whether religious or not. However, freedom of speech and religion are protected by the First Amendment of the U.S. Constitution. If it isn’t distracting to other students, your children have the right to pray when they are at school, the right to take religious books to school, the right to wear clothes signifying their religious beliefs (including a hijab, yarmulke, bindi, and crucifix), the right to talk about their faith at school, the right to organize a religious club, the right to refer to their religious beliefs in student assignments, and the right to miss school in observance of religious holidays. Conversely, it is illegal for a public school to proselytize or impose religious beliefs on your child or promote one religion as superior to another, or religion in general as superior to secular beliefs. Discussion of world religions must be “neutral”. School prayer led by teachers or coaches is illegal. There can be no display of religious doctrines like the ten commandments, and secular children don’t have to say “under God” when the class recites the Pledge of Allegiance. If a school promotes or demeans a religion, parents can complain to the school district, the Civil Rights Division of the Department of Justice, and the ACLU. “A Minute of Silence” is often encouraged, although some states disregard the First Amendment entirely and go ahead and say prayers in class. (A state-by-state list is available here. Laws, however, have been changing and should be confirmed). Can a parent ask for the phrase “In God We Trust” to be removed from a school classroom? This question has not yet been resolved by the courts.

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District Deeds Grade: Kinda Never

Ask SDUSD Principals if they have the right to free speech in the SDUSD.  The famous quote we received from a Principal when dealing with the SDUSD Central Office:

“I keep my head down and my mouth shut”

Ask Parents Shamiko Harris and Tonja Daniels as described in the Union Tribune and in our August 8, 2021 article mentioned above who were persecuted by the SDUSD Quality Assurance and Legal office for telling the truth.

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7. Right to information and participation

Parents have the legal right, via the Family Educational Rights and Privacy Act (FERPA, 1974), to inspect their child’s educational records at the school, to have them explained if necessary, to request updates and corrections, and to have their child’s education records sent to another school in a timely manner if they wish to have their child transfer schools. Eight states (Connecticut, Louisiana, Massachusetts, Nevada, New Jersey, Rhode Island, Virginia, Wisconsin) have laws that require schools to notify parents if their child is being bullied, or is bullying other students, and 16 other states require schools to develop local policies. The Every Student Succeeds Act (ESSA, 2015) guarantees parent-teacher conferences, reasonable access to staff, opportunities to volunteer and participate and observe their child’s classroom, the right to ask for qualifications of a child’s teachers, and many other prerogatives. You can download the ESSA Parent Advocacy Toolkit here. In many states, like California, parents have the legal right to be notified if the school is conducting medical, cognitive, and language screenings of children. All parents have the right to participate in parent councils and committees, and the right to join the school’s parent-teacher association or organization (PTO/ PTA). Parents can also appeal to their school district’s school board, which has regular meetings where the public can present their questions and complaints. Get tips on how to influence your school board and learn what the school board does, and learn what makes a great school board candidate.

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District Deeds Grade: Kinda No

Since there is a large quantity of information spewing from the SDUSD Propaganda portals every week it is virtually impossible to say that the SDUSD rates a “Kinda Never” score.  To avoid the “Kinda Never” grade the SDUSD uses a variety of manipulations to avoid having to admit directly to their lies and misrepresentations.

For instance, in the SDUSD, PTO’s, PTA’s and Cluster Meetings are NOT Parent organizations.  They are organizations controlled by SDUSD and its employees.  That is why many schools (like La Jolla High School ) establish Foundations to deal with Parent requirements and Clusters like Lincoln High School organize their meetings with minimal direction from SDUSD central office senior staff.

The BIGGEST denials of the unalienable right to “Information and Participation” are the School Board Meetings where supposedly, according to the article, “Parents can also appeal to their school district’s school board, which has regular meetings where the public can present their questions and complaints.”

Public Testimony for non-agenda items in the SDUSD Board Meetings is relegated to the end of the meeting for 1 minute maximum.

Public Record Requests from the SDUSD can take up to 6 months to complete.

That is why the SDUSD won the WALL AWARD in 2017 for NOT valuing “openness and transparency”.

For the #7 Unalienable Right, the pure volume of SDUSD Propaganda actually raises the score to “Kinda No”, if you have the capacity to sort through thousands of pages of documents to find the information you need.

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8. Right to learn about evolution, not creationism or intelligent design

Evolution has been presented as a scientific fact in public schools ever since a Supreme Court decision in 1968, and it’s included in the Common Core curriculum adopted by most states. Several religious groups that frown on evolution have strived, and failed, to insert their own beliefs into public schools. In 1987, the Supreme Court banned the teaching of “Creation Science” because it promoted a religious belief. Likewise, in 2005 a District Court in Pennsylvania banned the insertion of “Intelligent Design” in science classrooms. If your child’s school avoids evolution and promotes creationism scientific truth, you can report this misconduct to the school district, state and federal education officials, and the ACLU. (Debate on this issue remains heated in several states.)

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District Deeds Grade: Kinda So

This has generally not been a large issue in the SDUSD since many Parents who subscribe to this belief move to other educational options (like religious or home school) contributing to the SDUSD enrollment erosion.

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9. The right for your children to opt out of sexual health and HIV/AIDS prevention classes

Some parents don’t want school officials teaching sex information to their children. Students can opt out of these presentations if their parents request an exemption in writing or petition the principal. (Note: Parents do not have the right to opt their children out of diversity and tolerance programs.)

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District Deeds Grade: Kinda So

In the SDUSD many Parents do not want the school to teach this item and can opt out of “sexual health and HIV/AIDS prevention classes”.  However the SDUSD politically does not push the “opt out” option.

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10. Right to opt your children out of standardized testing

One study claims students take 112 government-mandated standardized tests between PreK and 12th grade, even though polls indicate the practice is disliked by 67 percent of public school parents. The Every Student Succeeds Act (ESSA) allows parents to refuse testing.

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District Deeds Grade: Kinda So

In the SDUSD Parents can opt out of “Standardized Testing”, and the SDUSD actively promotes that option to protect against negative exposure in the press. As far back as 2010 Barrera has been opposed to Standardized and other Testing.  Here he is from KPBS in January 2010:

“Barrera says he has a problem with the Race To The Top program because it’s a one-size-fits-all approach to turning around struggling schools. He dislikes the use of student test scores in teacher evaluations.”   

And more recently, Trustee Richard Barrera’s comment on Gifted Testing reflects the overall position on ANY test that would expose the horrible education being provided under his SDUSD Board of Education regime. From the San Diego Union Tribune:

“He said the idea of using a test to determine a student’s intelligence in second grade is “silly,” outdated and rooted in racism.”

Barrera gets high grades on preventing exposure of horrible SDUSD performance.

If Tricky Dick Barrera is against them, ALL Parents and Guardians should be for them!

We encourage ALL Parents and Guardians to OPT IN to ALL standardized tests.  There is NO HARM to your child and it is your only independent way to determine if your child is actually learning to grade level.

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11. Right to opt your children out of the classroom entirely

Homeschooling is legal in all 50 states. Regulations about homeschooling vary with strict rules in many and lax control in others. The easiest place to homeschool is Alaska, where no contact with the government is required. Texas is also rather lenient in its policy. The most difficult states to homeschool in are (arguably) Ohio, North Dakota, Vermont, New York, Pennsylvania, Rhode Island, and Massachusetts. You can look up state-by-state homeschooling laws here.

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District Deeds Grade: Kinda So

Yes, Kinda So, and SDUSD families, if financially and/or geographically possible, are RUNNING away from the SDUSD.

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12. Right to privacy

Public schools often ask students to answer non-academic questionnaires that the government uses to gather a variety of personal information. Queries might be on the family’s religious, ethnic, cultural, and moral practices, or on tobacco, alcohol, drugs, seatbelts, sex, family life, depression, mental health, nutrition, and exercise. If this seems like a nosy invasion of your family’s privacy, you can opt your child out from participating. It is illegal to penalize the children in any way for refusing to take the surveys. Worth noting: once their child turns 18 years old (and thus is no longer a minor), parents do not have the right to access their child’s school medical records.

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District Deeds Grade: Kinda So

The SDUSD is extremely adept at preventing ANY information from getting to anyone due to incompetence and self preservation so keeping static Student Information confidential is a breeze…unless you are a SDUSD Parent AND a high level enmployee like disgraced former Trustee Marne Foster.

Foster, through her internal contacts in the SDUSD, was able to improperly acquire a confidential counselor document for colleges that her child was applying to and unsuccessfully attempted to get the Counselor reprimanded for doing so.

In the corrupt SDUSD, you can get anything if you are a member of the corrupt Senior Leadership or a BIG donor to their political campaign.

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13. Rights of children with special needs and disabilities for special instruction

Federal law grants all students who qualify for special education an individually designed instruction program at no cost to their parents. Parents have the legal right to have their child’s educational needs professionally evaluated, determined, and served. The student’s needs can be accommodated in either a general education classroom with assistance from a resource specialist (full inclusion) or in a smaller class of students who require individualized or small-group instruction. A student’s Individualized Education Plan (IEP) and Section 504 guides the school in assisting and accommodating K-12 kids who are challenged with learning, emotional, mental, and physical disabilities. The parent’s signature is required to approve these plans.

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District Deeds Grade: Kinda No

Removing an awful teacher depends on your state’s laws and district policies, and requires support, or at least compliance, from the principal, PTO/PTA, district superintendent, and the local teachers union. It is fair to say that trying to sack a teacher who you — or even a whole group of parents — deem unfit can be extremely difficult in the public school system, especially given the strong protections in place for tenured teachers by local teachers unions. How strong is the teachers union in your state? Investigate here. However, firing an unfit teacher is possible. The nonprofit Students Matter, has fought cases in California and Connecticut for the right to remove ineffective teachers, and additional battles have been fought against teacher-tenure laws in New York and Minnesota. In most states teachers must serve three years with good ratings to achieve tenure.

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DD Rating: Kinda NEVER

Children who play sports in public school have many Constitutional rights, including the right for girls to participate equally, the right of students with disabilities to be included, the right of transgender students to be on teams, and the right to be safe from sexual assault, harassment, hazing, physical abuse, negligent supervision, and dangerous training, equipment, and playing environments. Perhaps surprisingly, student athletes are also, in many legal cases, guaranteed freedom of expression (to criticize a coach), freedom of assembly (after-game parties), and freedom to post on social media. Laws also require athletes with concussions, or suspected concussions, to be removed from participation until clearance is provided by a health professional.

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District Deeds Grade: Kinda So