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Parent & Child
Title: State Constitutional Amendment on the Rights of Parent and Child
Applicability: State Level
Author: Harold W. Bolinger
Summary: In recent years, we have seen scores of home-schooling parents HARASSED to the umpteenth power by state education bureaucrats. In some cases, charges of "truency" or "neglect" are brought before quasi-judicial "child welfare" courts under the juvenile or "family" justice systems of states. Parents have had their children stripped from their custody in these "trials" for daring to want better education for their kids than the public schools offer.
Having mulled this over for some time now, I have been working on a proposed State constituitonal amendment that would forever shut and bar the door against "administrative" hearings having the ability to TPR (terminate parental rights) or force-place children in foster care when Christian parents exercise their God-given right to educate their kids however they please.
In my view, the wording proposed will achieve the following net results:
* Prevent a child custody matter from being adjudicated absent a jury of peers from within the community;
* Require grand-jury indictment for a legitimately defined and investigated "crime" prior to bringing any form of action whatsoever;
* Preclude any parent from having submit to state education requirements when homeschooling;
* Preclue any parent form having to report or file any paperwork with the state or local "education board" as a result of schooling.
* Preclude any child from being tested by the state system when they are schooled alternatively;
* Certify the right of a parent to refuse participation in any component of state education they so desire, including testing, activities, course materials etc. without academic penalty to the child or repercussions to the parent;
*Void the crime of "truancy" if there is parental consent to any absense from public school;
* Certify the right of a parent to participate to the "maximum extent" in education they choose.
I hope to have the input of others on the proposed wording of this Amendment, and that it can begin to be introduced into states this upcoming session.
H.B.
SECTION 1
That no child under the age of majority shall be removed from a parent’s custody except by the decision of a jury according to existing Constitutional protections which provide for a trial by jury in civil cases.
SECTION 2
That parents are the ultimate judges of their children’s education. No agent representing this State or any political subdivision thereof shall in any manner question the right of any parent to choose such mode of education.
SECTION 3
No parent shall be regulated by this State or any political subdivision thereof, nor compelled to provide information to or testing by any government entity within this State pertaining to the academic progress or plan for such child or children.
SECTION 4
That no proceeding shall be brought against a parent pertaining to a minor child or children for a case of truancy, abuse, neglect, or other crime or custodial concern except on indictment from a grand jury.
SECTION 5
That the parent of any child enrolled in a public school system organized under the authority of this State shall at all times enjoy the right to participate in their child’s education to the maximum extent they choose; and nothing in the laws, educational regulations or policy of this State or any political subdivision thereof shall prohibit the right of any parent to review course materials, testing methods, test questions, planned activities, or any other component of their child’s academic life; nor shall any parent be questioned in any place for refusing to condone the participation of their child in any component of their child’s education; nor shall any child’s academic standing be affected by any non-participation authorized by a parent or parents; nor shall any removal of a child from a school for any reason or for any length of time constitute a crime under the laws of this State.
SECTION 6
Any thing in the existing laws or policy of this State or any political subdivision thereof contrary to the provisions of Sections 1-5 of this Amendment are hereby void.
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