By: Donald Cyphers Investigative reporter
Syndicated by: Montana News
Parents of elementary school students in State College Area School District have finally received access to review sex-ed curriculum after efforts from Liberty Counsel and Pennsylvania Family Institute's Independence Law Center on their behalf.
Attorneys were contacted by concerned parents who had made multiple requests to school officials for review of the entire Human Growth and Development/sex education curriculum, including all slides, presentations, multimedia presentations, sources, textbooks, and any other supplemental materials (including planned web-links or videos) intended for use in the educational program. The school district was violating parental rights by presenting only some of the materials.
A demand letter was sent by the attorneys to the Pennsylvania Public School and demanded that the school provide parents with a model "Parental Non-Consent Form" to specify in writing to administrators the sex-ed material and resources from which they desire their children exempted.
The letter makes very clear to Bob O'Donnell, Superintendent of State College Area School District that they must provide to parents access to all requested curriculum materials in the interests of transparency. Further, the fair use doctrine and the first sale doctrine would both independently permit such lending for purposes of review of the materials by the parents.
In the Constitution of the United States of America, it is parents that are vested, not agents or representatives of the State that have the right to direct the upbringing and associations of minor children. The law further makes it very clear that children's parents possess what a child lacks in maturity, experience, and the capacity for judgment required for making life's decisions.
The State of Pennsylvania by law requires a public school district to provide to ANY parent the opportunity to review all instructional material before it is taught in a curriculum or shown to their children.
In District Policy 105.1. Curriculum Review by Parents and students:
The request by a qualifying parent trumps the District and requires the District to make available existing information about the curriculum, which includes instructional material and assessment techniques.
District Policy 127. Assessment of Educational Programs:
It also states that a Board shall grant requests by parents or guardians to review the school district, state and commercial assessments before their administration and that Policy 127 also states that the building administrator shall grant parents or guardians the right to have their student excused from state assessments that conflict with their religious beliefs.
To make this happen, all the parents have to do is to present a request in writing to the building administrator.
In this particular case, the radical liberal anti-God Democrat controlled public school district responded that the sex-ed curriculum material was copyrighted. This claim was laughable and a vain attempt of the District School staff to comply with intellectual property law which had nothing to do with the Constitution of the United States of America nor the District Policy 105.1. Curriculum Review by Parents and students, nor the District Policy 127. Assessment of Educational Program.
Furthermore, any continued denial would violate the Right-To-Know law in Pennsylvania.
Cases to back that law up is Jihad Ali Vs. Philadelphia City Planning Comm'n 125.A.3rd 92 PA Commw. Ct 2015. That states that copyrighted materials not exempt from disclosure which is covered thoroughly in the copyright act.
In the Federal Copyright Act, it also provides exclusive rights to do and to authorize any reproduction, distribution of their copyrighted works or material. 17 U.S.C. 106 (1), (3).
However, any reproduction and or distribution by any third party for criticism, comment scholarship, or research. is not an infringement of copyright and is instead a lawful and "fair use." 17 U.S.C.107 and 17 U.S.C.A. 101 et seq 65 P.S. 67.305 9 (a) (3).
Pennsylvania law recognizes that parents have the "right to have their children excused from specific instruction that conflicts with their religious beliefs, upon receipt by the school entity of a written request from the parent or guardians." Parents cannot meaningfully exercise this right without notice and opportunity to inspect all curriculum materials, not just summaries or censored slide presentations. It is particularly important where the document discusses matters of sexuality.
Parents had repeatedly sought to view the material, in the face of administrative stonewalling, but this action forced the District to comply with the law.
This article was published by: Donald Cyphers Investigative reporter License# USPA-ID-US/VI-01/29995