Notice to Exercise Rights Under the United States Constitution and Federal Law, Including the Protection of Pupil Rights Amendment, and State Constitutional, Statutory, and Regulatory Rights

to Exercise Rights Under the United States Constitution and Federal Law, Including the Protection of Pupil Rights Amendment, and State Constitutional, Statutory, and Regulatory Rights

DATE]

[NAME]

[TITLE]

[NAME OF SCHOOL]

[ADDRESS]

Dear [School Official]:

I write in my capacity as the [parent/[legal guardian] of [insert child’s full name], who is a student in the [grade level] grade at [insert name of school]. In the exercise of my rights under the United States Constitution and federal law, including the Protection of Pupil Rights Amendment, as well as State constitutional, statutory, and regulatory rights, please be on notice that:

  • 1. I hereby demand prompt access and a reasonable time to review the following: (a) all instructional materials used as part of my child’s [specify grade or subject] educational curriculum; (b) all teacher’s manuals; and (c) all teacher training lectures and materials, tapes, power point programs, or similar supplementary material, viewed or used by or given to my child’s teacher between January 1, 2022, and the present. Please inform me in writing within five (5) business days when and where these materials will be made available to me for my review.

– 2. I demand reasonable prior notice of, the right to inspect, and a meaningful opportunity to either consent or opt out of any formal or informal survey or other information collection containing or regarding one or more of the following items: (a) political affiliations or beliefs of my child or my family; (b) mental or psychological problems of my child or our family; (c) sex behavior or attitudes (e.g. preferred pronouns and/or “gender identity”); (d) illegal, anti-social, self-incriminating, or demeaning behavior (e.g., “white privilege” and/or “systemic racism”); (e) critical appraisals of other individuals with whom my child has close family relationships; (f) legally recognized privileged or analogous relationships, such as those of lawyers, physicians, and ministers; (g) religious practices, affiliations, or beliefs of my child or our family; and (h) income (other than that required by law to determine eligibility for participation in a program or for receiving financial assistance under such program). Moreover, please be advised that absent my specific and express written consent to a specific survey or information collection, this letter serves as written notice that I do not consent to you administering and/or sharing any such survey or information collection with my child, and under no circumstances shall my child be asked or required to submit to any such survey or information request, whether formal or informal, from a teacher, administrator, counselor, or any third party.

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  • 3. This shall also serve to make clear that without my prior written consent, under NO circumstances shall my child be required or allowed to be subject to physical, psychiatric, or psychological examination, testing, or treatment as defined at 34 CFR § 98.4(c) which states ‘(a) No student shall be required, as part of any program specified in § 98.1 (a)or (b), to submit without prior consent to psychiatric examination, testing, or treatment, or psychological examination, testing, or treatment, in which the primary purpose is to reveal information concerning one or more of the following:
  • (1) Political affiliations;
  • (2) Mental and psychological problems potentially embarrassing to the student or his or her family;
  • (3) Sex behavior and attitudes;
  • (4) Illegal, anti-social, self-incriminating and demeaning behavior;
  • (5) Critical appraisals of other individuals with whom the student has close family relationships;
  • (6) Legally recognized privileged and 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 a program.
  • (c) As used in paragraph (a) of this section:
  • (1) Psychiatric or psychological examination or test means a method of obtaining information, including a group activity, that is not directly related to academic instruction and that is designed to elicit information about attitudes, habits, traits, opinions, beliefs or feelings; and
  • 2) Psychiatric or psychological treatment means an activity involving the planned, systematic use of methods or techniques that are not directly related to academic instruction and that is designed to affect behavioral, emotional, or attitudinal characteristics of an individual or group.
  • 4. This shall additionally serve to make clear that without my prior written consent, under NO circumstances shall my child be subjected to the planned, systematic use of methods or techniques that are not directly related to academic instruction and that are designed to affect my child’s behavioral, emotional, or attitudinal characteristics. Such methods and techniques include, by way of (example only) “social emotional learning” or “SEL”, “anti-racist” pedagogy, and “Critical Race Theory” or “CRT” related methods, techniques, and/or curriculum.
  • 5. Without my prior written consent, under NO circumstances shall my child be referred or provided access to any third-party “mental health” counselor or abortion provider.
  • 6. Under NO circumstances may you conceal from me any of the following with respect to my child: (a) illegal drug use: (b) pregnancy; (c) sexual or other physical assault; (d) matters related to gender identity and gender dysphoria (e.g., transgender claims, changed pronouns); (f) body dysphoria including but not limited to anorexia or bulimia; (h) prescription drug abuse.

Please be advised that I am prepared to pursue all potential actions, remedies, statutory, regulatory, and in tort, in the event the [school or district] fails to comply with this letter or otherwise does not respect my legal rights regarding my child.

I look forward to your prompt confirmation of receipt and your full compliance with the terms of this letter.

Sincerely,
[Signature of parent/[legal guardian]

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