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Parents ask full 9th Circuit Court to rehear school sex-survey case
Posted: November 30, 2005
1:00 a.m. Eastern


© 2005 WorldNetDaily.com

Seven California parents filed a petition with the 9th Circuit Court of Appeals to set aside its controversial decision declaring they had no right to be "exclusive providers of information about sexual matters."

Ruling on a complaint against a sexually charged student survey, the three-judge panel concluded Nov. 2 parents "have no due process or privacy right to override the determinations of public schools as to the information to which their children will be exposed while enrolled as students."

With the new filing, the parents are requesting that the case be reheard before the full panel of judges.

Mathew D. Staver, president and general counsel of Florida-based Liberty Counsel, which represents the parents, said the 9th Circuit's ruling "strips parents of their constitutional rights to protect their children."

"This ruling is an assault on every parent whose child attends public school," he said. "Parents do not cease being parents when their child walks through the schoolhouse gate."

There is no set timetable for the 9th Circuit to rule on the petition, Staver noted.

The petition says that if the Fields v. Palmdale School District ruling stands, the public schools must come with a warning that, with the exception of treason, "the school has absolute authority to teach whatever it decides, no matter how objectionable or inappropriate, to any child, at any age, at any time, in any manner."

Questions in the survey, which was conducted in class, included asking children as young as 7 years old about the frequency of:

    * Touching my private parts too much

    * Thinking about having sex

    * Thinking about touching other people's private parts

    * Thinking about sex when I don't want to

    * Washing myself because I feel dirty on the inside

    * Not trusting people because they might want sex

    * Getting scared or upset when I think about sex

    * Having sex feelings in my body

    * Can't stop thinking about sex

    * Getting upset when people talk about sex

Judge Stephen Reinhardt wrote in the the unanimous opinion for the court [pdf file]:

    We agree [with the previous ruling], and hold that there is no fundamental right of parents to be the exclusive provider of information regarding sexual matters to their children, either independent of their right to direct the upbringing and education of their children or encompassed by it. We also hold that parents have no due process or privacy right to override the determinations of public schools as to the information to which their children will be exposed while enrolled as students.

The controversy began in 2001 when a volunteer "mental health counselor" at Mesquite Elementary School set out to conduct a psychological assessment test of students in the first, third and fifth grades.

A letter to parents asked for their consent to conduct the study but did not indicate that questions of a sexual nature would be asked. The survey included 79 questions divided into four parts. Ten of those questions were of a sexual nature.

According to the court's opinion, the plaintiffs took action after their children participated in the survey and later told their parents about the sexual questions. Seeking damages and injunctive relief, the parents charged the district violated their federal constitutional right to privacy.

That seems a bit odd to me. Don't schools have to follow a set curriculum where you live, then? If not, then how do you know that kids will graduate from school knowing how to read and write? Surely there must be some sort of control ....

There is supposed to be a standardization in testing but there is to much latitude in what is taught up to there and what is taught in addition to that.

My 8 year old was just, unfortunately, forced to have the birds and the bees talk.  Fortunately, it was with her mother, who put it in the right perspective.  We had a young couple get into trouble and subsequent pregnancy.  My daughter didn't know what it meant, and we figured we were getting close anyway.  But if my 8 year old had a survey like that?  I'd be pullin' her out immediately.  I like keeping my daughter innocent.  Now she knows that not everyone is, and more importantly, how to make sure she stays that way.

That is where such schooling should be done. It is not up to schools to teach such things to children that age or any age in my opinion.

I'm thinking God's holding that opinion too my friend.   :)

 :o That sounds like......





homeskool.  ;)

That works for many folks and I'm glad.  But for us, we both have to work to eat.  Sooooo, we have our kids in a Christian School.  Finding one that is good can be quite a task!  Fortunately, ours are in a small, K3-5th grade school, with excellent teachers who love God and permeate their classrooms with that love.  That and my wife teaches music there!  With permeating love... :D

Amen, sister.

There is nothing wrong with placing your children in a good Christian school. It is quite commendable in fact. It is still the responsibility of the parents, especially the father, to insure the children are being taught according to the word of God. I still stand that there are some things that should not be taught even by the schools but should be taught by the parents according to scripture.


My oldest son and his wife both work outside of the home and yet they are homeschooling their children because there is no viable Christian school in the local area. Is it hard? Most assuredly but it can be done and very successfully so.

I was just messing, no offense was intended. I am glad you're happy with your choice! Or is that I'm happy that you're happy?  :D

But on a serious note; may I ask if all the teachers there are Christian? Or, what makes it a Christian school?  ???

And I do understand about feeding a family! When I gave up teaching for pay in the public schools to teach for *love* at home, it was- and is- quite a walk of faith! I think it should only be done if the Lord is leading that way!  :o

And do you pay tuition for your kids to attend? I would venture a guess that you get a discount because your wife works there?  ???

And last question... honest! What happens when your oldest gets to 6th grade?  ???

Keep that love permeating!  :D