The Protection of Pupil Rights Amendment Does Not Allow Parents to Control Their School District's Curriculum

1/24/2008

A number of websites tout that a parents can control their children's education by limiting what schools can teach by invoking a federal statute. These sources provide form letters so that parents can "assert their rights" under federal law and demand that their child not be involved in any school program or activity involving topics the parents dislike.

Specifically, parents are advised to cite the Protection of Pupil Rights Amendment (PPRA) (20 U.S.C. § 1232h; 34 CFR Part 98) and require written approval before their children are exposed to a list of "objectionable" topics. PPRA is also referred to as the "Hatch Amendment," the "Grassley Amendment" and the "Tiahrt Amendment" after authors of amendments to the law.

These sources are wrong; the form letters, misguided. While PPRA grants parents some rights, these rights are limited.

PPRA is narrowly limited in scope. It does not give a parent the right to opt out of required curricula. Rather, PPRA applies only to a "survey, analysis, or evaluation" at the elementary through high school level, and the survey or analysis is directly funded by DOE. A 1995 "Factsheet" issued by the U.S. Department of Education ("DOE") pointedly states that PPRA does "not give parents or ED authority to remove, revise or otherwise affect curricula."

PPRA protects the rights of parents and students in two ways:

First, if a school plans to conduct a DOE funded survey, analysis or evaluation, the school is required to make the instructional materials used available for inspection by parents; and

Second, if the survey will ask students to reveal certain "personal information" the school must obtain written parental consent before minor students are required to participate.

Such "personal information" includes information concerning:

  1. Political affiliations;
  2. Mental and psychological problems potentially embarrassing to the student and his/her family;
  3. Sexual behavior and attitudes;
  4. Illegal, anti-social, self-incriminating and demeaning behavior;
  5. Critical appraisals of other individuals with whom respondents have close family relationships;
  6. Legally recognized privileged or analogous relationships, such as those of lawyers, physicians and ministers; or
  7. Income (other than that required by law to determine eligibility for participation in a program or for receiving financial assistance under such program).
DOE will investigate if a parent complains that a school district has violated PPRA. If DOE concludes that the school district has violated PPRA, DOE can demand compliance and can cut off federal funds if the district refuses to comply. However, to-date DOE has dismissed the majority of complaints it has received as the criticized activity was not a survey, analysis or evaluation funded by DOE.

In summary, PPRA only applies to a U.S. Department of Education funded survey, analysis or evaluation. It does not limit a school district’s right to control its curriculum nor does it provide parents with the option of withdrawing their child from a required class.

This article was authored by Ehrich Koch. For more information about this subject or for help in other education related issues, contact Ehrich Koch at 612-336-9306 or ehrich@lommen.com. You should consult legal counsel before making any attempt to apply the law or any information offered above to your own specific situation. Factual differences may result in substantial differences in the application of education laws and each state has its own laws.