A first in America: Lexington, Mass. Superintendent of Schools orders
NO notice to parents on teaching homosexual relationships, even in elementary
grades!
Cites (flawed) interpretation of Mass. Parental Notification Law (which WE
wrote and got passed in 1996).
How the state law designed to protect children and parents from
the sexual/homosexual agenda is now used against them - through
state bureaucratic subterfuge and the dishonesty and arrogance of
local officials.
In 1995, Parents Rights Coalition, the forerunner of MassResistance, drafted and helped thousands of parents lobby for the
Parental Notification Law. It was passed by the Legislature and
signed by Gov. Bill Weld in 1996. It saddens and angers us that
this law is being misused by public officials in such a terrible
way.
1996 - Mass. Parental Notification Law.
Read the law for yourself - passed by the Legislature and signed by Gov. Bill Weld.
CHAPTER 71. PUBLIC SCHOOLS
Section 32A. Every city, town, regional school district or
vocational school district implementing or maintaining curriculum
which primarily involves human sexual education or human sexuality
issues shall adopt a policy ensuring parental/guardian
notification. Such policy shall afford parents or guardians the
flexibility to exempt their children from any portion of said
curriculum through written notification to the school principal. No
child so exempted shall be penalized by reason of such exemption.
Said policy shall be in writing, formally adopted by the school
committee as a school district policy and distributed by September
first, nineteen hundred and ninety-seven, and each year thereafter
to each principal in the district. A copy of each school district's
policy must be sent to the department of education after adoption.
To the extent practicable, program instruction materials for
said curricula shall be made reasonably accessible to parents,
guardians, educators, school administrators, and others for
inspection and review.
The department of education shall promulgate regulations for
adjudicatory proceedings to resolve any and all disputes arising
under this section.
April, 2005 - Statement by Mass. Governor on parental notification.
On April 28, 2005, following the arrest and jailing of Lexington parent David Parker over over his request that he be notified,
and given the opt-out option, when adults discussed homosexuality
or transgenderism with his 6-year-old son in Kindergarten, Mass. Gov. Mitt Romney made the following
statement on television, regarding the Parker incident:
"We have in Massachusetts a parental notification statute
specifically in matters related to human sexuality. If a parent
wants to be informed of what is being taught in a classroom and
wants to have their child withdrawn from the classroom for that
portion of the class dealing with human sexuality, that parent has
the right."
September 2005 - Lexington superintendent announces that no notice will be given to
parents on teaching about homosexual relationships in school.
On September 20, 2005, in a move unprecedented in America, Lexington superintendent Paul Ash issued a statement that
the town will not give parents the right of notification about teaching about homosexual
relationships in the schools. This was also published in
the local newspaper.
What does the law say schools have to do?
By Paul Ash
Superintendent of Schools, Lexington, MA
Published in the Lexington Minuteman
Thursday, September 22, 2005
Over the summer, I have received a number of questions about
implementation of Massachusetts General Laws, Chapter 71, Section
32A ("Section 32A"). These questions relate to the following
provision:
Every city, town, regional school district or vocational school
district implementing or maintaining curriculum which primarily
involves human sexual education or human sexual issues shall adopt
a policy ensuring parental/guardian notification. Such policy shall
afford parents or guardians the flexibility to exempt their
children from any portion of said curriculum through written
notification to the school principal.
[Article 8 Note: The actual statute language says "human sexuality
issues" not "human sexual issues."]
In Lexington, curriculum identified by the statute generally
begins at the fifth-grade level. LPS [Lexington Public Schools] has, of course, adopted a
policy implementing Section 32A, and school staff routinely provide
parents with notice and the flexibility to "opt out" of this
curriculum.
Recently, questions have been raised as to whether school staff
also has an obligation to notify parents and allow "opt out" of
other school-based activities, particularly in the elementary
grades. For example, some parents have requested they be notified
whenever their child has access to any material, conversation, or
activity that acknowledges differences in sexual orientation,
including any reference to families with same-gender parents.
Since elementary curriculum often elicits discussion of family
experiences, such references certainly may occur. In addition, our
schools routinely provide students with access to materials,
activities, and discussions that recognize diversity. This access
is designed to assist us in our goal of maintaining an appropriate
and respectful educational environment for all students. As
required by law and LPS policy, this environment must be free of
discrimination based on race, gender, color, religion, sexual
orientation, national origin and disability.
The Massachusetts Department of Education, which is responsible
for administering Section 32A, has explained that activities and
materials designed to promote tolerance and respect for
individuals, including recognition of differences in sexual
orientation "without further instruction on the physical and sexual
implications" do not trigger the notice and opt out provisions of
Section 32A. Under this standard, staff has no obligation to notify
parents of discussions, activities, or materials that simply
reference same-gender parents or that otherwise recognize the
existence of differences in sexual orientation. Accordingly, I
expect teachers to continue to allow children access to such
activities and materials to the extent appropriate to children's
ages, to district goals of respecting diversity, and to the
curriculum.
As this new school year begins, I look forward to working with
the Lexington community to provide a positive educational
environment for all students.
Click here for
Adobe Acrobat version of press release and newspaper article.
Ash stated that per his order, "staff has no obligation to
notify parents of discussions, activities, or materials that simply
reference same-gender parents or that otherwise recognize the
existence of differences in sexual orientation." In other words,
homosexual relationships ("same-gender parents") taught to kids do
not need parental notification. This appears to be a direct
contradiction to Gov. Romney's earlier statement to the public.
He also uses weasel words: "I expect teachers to continue to
allow children access to such activities and materials to the
extent appropriate to children's ages, to district goals of
respecting diversity, and to the curriculum."
How arrogant is this??
And just who decides what is appropriate to children's ages? Who
decides what the goals respecting "diversity" should be? In Ash's
mind, it's the school bureaucrats, not parents, who make these
decisions for children!
But more importantly, the Notification Law does not give the Department of Education (DOE) power to intrepret the law. Courts interpret laws, not executive departments. It merely says "The department of education shall promulgate regulations for
adjudicatory proceedings to resolve any and all disputes arising
under this section."
New bill before legislature: H1050, currently in Education Committee
The current law isn't working. Our new bill would make this an OPT-IN issue, not opt-out. Let the school persuade parents, as it is in every other elective that schools offer.
And the current law leaves it up to the DOE to
have regulations in place to adjudicate issues between parents and
school systems regarding this law. But in fact, these regulations act
as logjams to wear parents down. What actually happens is that parents
beg the Department, by letters or in person, to force the schools
to apply the law properly. Commissioner Driscoll looks over the
evidence and personally acts as judge and jury.
Chapter 71, section 32A of the General Laws is hereby amended to be the following:—
Section 32A. Every city, town, regional school district or vocational school district implementing or maintaining curriculum or portion thereof, or school sanctioned program or activity, which primarily involves a human sexual education, human sexuality issues, or sexual orientation issues shall adopt a written policy ensuring parental/guardian notification.
All such curriculum, programs, and activities shall be offered only in clearly identified non-mandatory elective courses in which parents or guardians may choose to enroll their children through written notification to the school, in a manner reasonably similar to other elective courses offered by the school district.
To the extent practicable, instruction materials and related items for said curriculum, programs, and activities shall be made reasonably accessible to parents, guardians, educators, school administrators, and others for inspection and preview.
No public school teacher or administrator shall be required to participate in any such curriculum, programs, or activities that violate his or her religious beliefs.
We need to get this passed this term!!
( Here's the link where you can see the sponsors, also. )
And then there's the larger issue.
Suppose there were no Parental Notification Law to bicker about?
In a normal society, there shouldn't be a need for one. The sad and
outrageous truth is that we have a government and school officials
in Massachusetts who are extremely anti-parent, anti-religious
radicals -- who think nothing of using kids' minds as their own
personal sandbox for social experiments.
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