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SAN FRANCISCO, California (AP) -- A federal appeals court Wednesday
dismissed a lawsuit by parents who were outraged that the Palmdale
school district had surveyed their elementary school-age children
about sex.
The three-judge panel of the 9th U.S. Circuit Court of Appeals rejected
the parents' claim that they have the exclusive right to tell their
children about sex.
In upholding a lower court ruling against the parents, Circuit Judge
Stephen Reinhardt said "no such specific right can be found in
the deep roots of the nation's history and tradition or implied in
the concept of ordered liberty."
The appeals court noted that other courts have upheld mandatory health
classes, a school system's condom distribution program and compulsory
sex ed.
The parents had sought unspecified damages.
An attorney for the parents, Erik Gunderson, said he was considering
an appeal. The district's attorney, Dennis Walsh, said the survey
was part of a legitimate effort aimed at helping students.
The district dropped the survey in 2002 amid complaints from parents.
It was given to children in the first, third and fifth grades as part
of a program to gauge early trauma and help youngsters overcome barriers
to learning.
Among other things, the students were asked how often they thought
about sex.
Parents whose students took the survey signed consent forms. But the
forms never mentioned sex would be a topic.
California Safe Schools Coalition
Hamm's Building
1550 Bryant Street
Suite 825
San Francisco, CA 94103
ph: (415) 626-1680, fax: (415) 626-1683
info@casafeschools.org
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©2003 California Safe Schools Coalition. All rights reserved. |
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