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Court Rules Parents Have No "Fundamental Right

Posted By: Don Smitty

Court Rules Parents Have No "Fundamental Right - 11/04/05 05:04 PM

SAN FRANCISCO - A federal appeals court dismissed a lawsuit by elementary school parents who were outraged that the Palmdale School District surveyed students about sex.

While the surveys asked students how often they thought about sex, among other questions, the 9th U.S. Circuit Court of Appeals said Wednesday that parents of public school children have no "fundamental right" to be the exclusive provider of sexual information to their children.

The parents maintained they had the sole right "to control the upbringing of their children by introducing them to matters of and relating to sex."

The plaintiffs had sought unspecified monetary damages.

In upholding a lower court that had also ruled against the parents, a three-judge panel of the appeals court here dismissed the case, ruling unanimously that "parents are possessed of no constitutional right to prevent the public schools from providing information on that subject to their students in any forum or manner they select."

Judge Stephen Reinhardt, writing for the San Francisco-based panel, added that "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 appellate panel noted that other courts have upheld similar issues, including mandatory health classes, a school district's condom distribution program and a district's compulsory sex education program.

The district's attorney, Dennis Walsh, said the survey was not to sexually exploit children but instead was part of a legitimate program to help students.

The district, located in Los Angeles County, had dropped the survey in 2002 amid complaints from parents. The poll was given to children in the first, third and fifth grades.

It was part of a program to gauge exposure to early trauma and to assist in designing a program for children to overcome barriers to learning, according to the district.

Parents whose students took the survey signed consent forms, however the forms never mentioned sex would be a topic. Questions the children answered included whether they thought about having sex, thought about touching other people's ''private parts'' and whether they could ''stop thinking about having sex.''

The case is Fields v. Palmdale School District, 03-56499.


Now the federal courts want to tell me, as a parent that because my kid may go to a public school that I don't have the sole right as my childs parent to be the exclusive provider of sexual information for my child? :rolleyes:

Yet the school decieved the parents by not providing any information about the sexual questions on the consent slip.


DS
Posted By: JustMe

Re: Court Rules Parents Have No "Fundamental Right - 11/04/05 05:13 PM

Quote:
Originally posted by Don Smitty:

Questions the children answered included whether they thought about having sex, thought about touching other people's ''private parts'' and whether they could ''stop thinking about having sex.''

This - in the first and third grade?
How disgusting!
I'd choose another school for my children!
Posted By: plawrence

Re: Court Rules Parents Have No "Fundamental Right - 11/04/05 05:14 PM

It was part of a program to gauge exposure to early trauma and to assist in designing a program for children to overcome barriers to learning, according to the district.

Parents whose students took the survey signed consent forms, however the forms never mentioned sex would be a topic. Questions the children answered included whether they thought about having sex, thought about touching other people's ''private parts'' and whether they could ''stop thinking about having sex.''


Did the consent form mention other topics which would be included in the survey, and, if so, what are/were they?

Presumably, this was some type of program designed by psychologists or something, who thought that the answere to these questions had value in creating the program.

Were the children surveyed among those who have been exposed to early trauma and suffering from barriers to learning?

If these were "normal" elementary school children being surveyed about their attitudes towards sex for no particular reason, I'd say that it's none of the school's business.

But if these children are learning disabled in some way, and the parents consented to their participation in the program without knowing any of the details - in other words, it would be different if all the details of the program were divulged except the "sex survey" -
then I have no problem with it.

Without knowing the answers to the above, I find it hard to offer an opinion.

Quote:
Originally posted by Don Smitty:
Now the federal courts want to tell me, as a parent that because my kid may go to a public school that I don't have the sole right as my childs parent to be the exclusive provider of sexual information for my child?
As I understand it, this is not about "sex education", it's about designing a program to help children with learning disabilities, which, apparently, sexual thoughts may have something do with even in the third grade.

BTW, Don Smitty.....Are you against sex education in public schools?
Posted By: Don Cardi

Re: Court Rules Parents Have No "Fundamental Right - 11/04/05 05:38 PM

You raise some legitimate questions on the school program's consent form itself Plaw.

But how about a court of law deciding that you, as a parent, do NOT have the sole right to teach your children about sex?

Personally I think that the court's decision is outrageous. What next, a parent doesn't have the sole right to dicipline their kids?

Governors holding inmates for longer periods than the original sentencing, courts telling parents that they have no say in their elementary school aged children learning about or not learning about sex.

Who the hell do these judges think they are telling me that I do not have the sole right as a parent to decided if my young child should or should not learn abour sex?

Slippery Slope.


Don Cardi
Posted By: plawrence

Re: Court Rules Parents Have No "Fundamental Right - 11/04/05 05:43 PM

Does that mean that you are against sex education in public schools.

I'd agree that third grade is too early for it, because i don't think the children's level of understanding is high enough.

But in general, at a later stage, you don't think that public schools should provide sex education?
Posted By: Don Smitty

Re: Court Rules Parents Have No "Fundamental Right - 11/04/05 05:47 PM

Quote:
Originally posted by plawrence:

BTW, Don Smitty.....Are you against sex education in public schools?
Thats not the issue here Plaw. The issue here is if a court of law has the right to tell me or you as a parent that we don't have the sole right to teach our kids about sex. That's the issue. Not if I believe in sex education or not.

The questions that were asked of kids this age were not right. I don't want my 2nd or 3rd grade child to be asked how many times a day she thinks of sex and stuff like that. Would you?


DS
Posted By: plawrence

Re: Court Rules Parents Have No "Fundamental Right - 11/04/05 05:52 PM

Yes I would, if my child had a learning disability of some kind and had been placed in a program designed to treat it, in which a qualified psychologist or psychiatrist thought that the answers to those questions had value in helping to treat my child.

Perhaps the cause of the learning disabilty was an unhealthy and inappropriate preoccupation with sex, and only by obtaining the answers to these questions could it be identified and treated properly.

Regarding sex education.....

Am I wrong to assume that if you wish to have the exclusive right to teach your child about sex, which you seem to imply unless I misunderstand you, that you are against sex education in a public school?

You can'y have it both ways. You either have the exclusive right, or you don't.
Posted By: Don Cardi

Re: Court Rules Parents Have No "Fundamental Right - 11/04/05 05:52 PM

Quote:
Originally posted by plawrence:

But in general, at a later stage, you don't think that public schools should provide sex education?
Yes I do. At a later stage of course. Not to elementary school aged children though. Too soon. But that's another topic. As DS said, that is not the issue. The court telling us as parents that we cannot be the sole teachers of sex to our children is what disturbs me. Slippery Slope


Don Cardi
Posted By: plawrence

Re: Court Rules Parents Have No "Fundamental Right - 11/04/05 05:56 PM

So let me see if I understand your argument here, DC.

You favor sex education in public schools, but at a later age than third grade, as I do.

But on the other hand, you feel that parents should have the exclusive right to teach their children about sex.

I guess those parents have to send their kids to private school then, because I don't see how you can have it both ways.
Posted By: Don Smitty

Re: Court Rules Parents Have No "Fundamental Right - 11/04/05 06:00 PM

Quote:
Originally posted by plawrence:
Am I wrong to assume that if you wish to have the exclusive right to teach your child about sex, which you seem to imply unless I misunderstand you, that you are against sex education in a public school?

You can'y have it both ways. You either have the exclusive right, or you don't.
You know what happens when you assume Plaw? You make and ASS out of U and ME ?

I don't see anything wrong in the teaching of sex education later on in the upper middle school grades.

This court thing bothers me because they made this ruling that I do not have the sole right to teach my elementary school aged kid about sex. They made this decision based on a case that involves elementary aged kids.
:rolleyes:


DS
Posted By: plawrence

Re: Court Rules Parents Have No "Fundamental Right - 11/04/05 06:05 PM

Well, I'm glad we finally all agree, then.

Upper middle school - what is that, 8th or 9th grade?

I think that's too late, though. These days, by that age, kids are already having sex.

I think about 6th grade - age eleven - is about right.
Posted By: Don Cardi

Re: Court Rules Parents Have No "Fundamental Right - 11/04/05 07:45 PM

Quote:
Originally posted by plawrence:
So let me see if I understand your argument here, DC.

You favor sex education in public schools, but at a later age than third grade, as I do.

But on the other hand, you feel that parents should have the exclusive right to teach their children about sex.

I guess those parents have to send their kids to private school then, because I don't see how you can have it both ways.
Plaw, do I need to spell it out for you?

This case troubles me because I do not believe that a court of law should have made this decision based on the case presented to them that concerned elementary school children. IMO the court should not have the right to tell me as a parent that I do NOT have the authority to decided if I should be the sole educator when it comes to things like teaching about sex, for my elementary grade child.

Asking first grade school children how often they think of sex, and other sexual related questions is outrageous. I am the parent of that child and no one should EVER have the right, without my consent, to ask my 1st grade child, a 6 year old, if the think about sex. No one should ever have the right to even bring up the subject of sex to my 6 year old child. Because if they do, then you guys will be arguing back and forth about my right to a fair trial, and my being innocent till proven guilty because of the action that I took against some sicko teacher, doctor or whomever that talked about sex to my 6 year old child. Just because a person is licensed as a proffessional, does not mean that they know what's best for MY child. We see many incidents in the news involving outrageous acts by so called professionals. I'll be the judge of who is capable and who is not capable of making decisions about if and when something like sex should be taught to MY child.

A court of law saying that it is ok for someone else besides a parent to ask a 6 year old questions about sex. :rolleyes:





Don Cardi
Posted By: plawrence

Re: Court Rules Parents Have No "Fundamental Right - 11/04/05 08:04 PM

I agree with you about sex education for such young children.

But as I said earlier, apparently these questions were not asked as part of "sex education", but as a part of a program to help children with learning disabilities.

If my child had a learning disability of some kind and had been placed in a program designed to treat it, in which a qualified psychologist or psychiatrist thought that the answers to those questions had value in helping to treat my child, I'd have no objection..

Perhaps the cause of the learning disabilty was an unhealthy and inappropriate preoccupation with sex, and only by obtaining the answers to these questions could it be identified and treated properly.

Would you object to that, if that was the context in which the questions were asked? Seemingly, that was the case here.

Or would you prefer that this area remain unexplored with your child and, if it was possibly the cause of the learning disability, having the disability remain unidentified and untreated?
Posted By: Don Cardi

Re: Court Rules Parents Have No "Fundamental Right - 11/04/05 08:24 PM

Quote:
Originally posted by plawrence:
I agree with you about sex education for such young children.

But as I said earlier, apparently these questions were not asked as part of "sex education", but as a part of a program to help children with learning disabilities.
If they were part of a sex education program or not, doesn't really matter. It was inapropriate not to inform the parents of such young children that sex questions would be a part of the program. As a matter of fact had they sent a consent form home aksing permission from the parent to ask questions to the children as part of a sex education study, then at least the parents would have known that sex would be in the content of those questions. As it sounds right now, nothing was ever mentioned in the letter about sex questions.


Quote:
Originally posted by plawrence:

If my child had a learning disability of some kind and had been placed in a program designed to treat it, in which a qualified psychologist or psychiatrist thought that the answers to those questions had value in helping to treat my child, I'd have no objection..
And suppose you did object and the court told you that it is not your right to object, that the school can go against you as a parent, that they could decide what is best for YOUR child instead of you? Then how would you feel as a parent?

Quote:
Originally posted by plawrence:

Perhaps the cause of the learning disabilty was an unhealthy and inappropriate preoccupation with sex, and only by obtaining the answers to these questions could it be identified and treated properly.

Would you object to that, if that was the context in which the questions were asked? Seemingly, that was the case here.

Or would you prefer that this area remain unexplored with your child and, if it was possibly the cause of the learning disability, having the disability remain unidentified and untreated?
Again, I'd prefer that I, ME, THE FATHER, make the decision of if I, ME, THE FATHER feels that the program is appropriate and was going to help my child. NOT some judge sitting in some court, not some phsyciatrist, not some phsycologist. It is MY decision to make, not theirs.


I wonder how you would have reacted had this news story said that President Bush proposed that a law be passed taking away the sole right of a parent to decide if their child is old enough to be questioned about sex by someone else? For some strange reason I think that you would be singing your SLIPPERY SLOPE tune all over these boards!




Don Cardi
Posted By: Patrick

Re: Court Rules Parents Have No "Fundamental Right - 11/04/05 09:03 PM

I support the court's decision.
Posted By: Don Cardi

Re: Court Rules Parents Have No "Fundamental Right - 11/04/05 10:00 PM

Quote:
Originally posted by Patrick:
I support the court's decision.
Care to tell us why you think that the court has the right to tell a parent that someone else can ask their 6 year old son or daughter questions about sex? It may be good to hear the view of someone who does not have a child.


Don Cardi
Posted By: svsg

Re: Court Rules Parents Have No "Fundamental Right - 11/04/05 11:01 PM

I agree with Don Cardi and Smitty here. If the parents knew about what was going to be asked, they would have the option to discuss this with the school or in the extreme case, not send their children to the school. It really doesn't matter whether those questions would have helped to identify some cause for slow learning.
Posted By: plawrence

Re: Court Rules Parents Have No "Fundamental Right - 11/04/05 11:11 PM

If I am correct in assuming that the questions were asked only as a part of the program described above, then that should have been disclosed to the parents prior to their being asked to gibe consent to their chold's participation in the program, as, in fact, all aspects of the program should have been.

If this - or any other part of the program which the parents could have possibly found objectionable - was disclosed after the fact, then upon finding out the parents presumably would have the right to withdraw their child from the program if they had any problem with it.

I don't think that the judge's ruling meant that the parents were rquired to keep their child in a special program which they found objectionable.

As I said in my first post, there are too many unanswered questions in this 350 word article to really discuss this properly.

The whole thing hinges on whether or not the parents knew in advance. the fact that they were required to sign a consent form at the outset would indicate that they were not required to keep their child in the program.

My guess, based on the lawsuit, is that they did not know in advance, and if that is the case then I think the judge's ruling was wrong, although I would question whether or not the parents were entitled to any compensatory damages.

It would depend, I think, on just how much about the program was disclosed in the consent form.

If it was a blanket form in which the parents agreed to allow their child participate, I don't think they have much of a case.

But if some aspects of the program were disclosed while others were withheld, then that's a different story.
Posted By: svsg

Re: Court Rules Parents Have No "Fundamental Right - 11/04/05 11:35 PM

Quote:
Originally posted by plawrence:

If it was a blanket form in which the parents agreed to allow their child participate, I don't think they have much of a case.
Even if it was a blanket form, I think they have a case. It is really not obvious for the parents to expect that the questionairre would contain questions related to sex because the kids were really young. They would have no case if it was an obvious thing. But in this case it is not so obvious, maybe this is the very first time some school might have experimented this idea.
Even by your argument, if those sexual questions indeed help identifying some cause of learning disabilities, this is definitely a new technique. Before the school introduces the new technique(let's assume some researcher has come up with a paper that explains this new technique) on the kids, they could have informed the parents that they are planning on some new technique which will help their kids. I think that it is common sense to assume that some parents may have objections to it. The hypothetical researcher who wrote paper must have mentioned the possible roadblocks (parents objecting) in implementing the new technique, as is required of any standard scientific publishing. The school authorities must analyze the pros and cons of the new technique and then choose to include it in their current year's program.
Posted By: marlon

Re: Court Rules Parents Have No "Fundamental Right - 11/04/05 11:42 PM

Why do we bother to raise our children at all? Why don't we just turn them over to the state since they are better able to determine what's best for them? If we kept them at home we might not ask them about sex when they are 6 years old, or even worse, we could have them saying the pledge of allegiance and believing in God. What if they were taught the 10 commandments? Oh shit, they might even learn that there is a difference between right and wrong.
Posted By: plawrence

Re: Court Rules Parents Have No "Fundamental Right - 11/05/05 12:00 AM

Let me say this just one more time, Marlon....

From what I understand from the limited information provided in this article is that these questions were not asked as part of "sex education", but as a part of a program to help children with learning disabilities.

Children with learning disabilities of some kind and had been placed in a program designed to treat it, in which a qualified psychologist or psychiatrist thought that the answers to those questions had value in helping to treat the child.

Perhaps the cause of the learning disabilty was an unhealthy and inappropriate preoccupation with sex, and only by obtaining the answers to these questions could it be identified and treated properly.

This is not a case of the government attemting to tell parents how to raise their children or telling parents what is best for their child.

The program was voluntary. The parents objection, and it is a valid one, was that the children would be surveyed about sex, which was not disclosed in the consent form.
Posted By: Enzo Scifo

Re: Court Rules Parents Have No "Fundamental Right - 11/05/05 12:23 AM

Quote:
Originally posted by plawrence:
Upper middle school - what is that, 8th or 9th grade?

I think that's too late, though. These days, by that age, kids are already having sex.
What is the general age of kids to start having sex in the USA?
I presume there is also a difference between the bible belt and the coasts in this age...
Posted By: marlon

Re: Court Rules Parents Have No "Fundamental Right - 11/05/05 12:23 AM

"This is not a case of the government attemting to tell parents how to raise their children or telling parents what is best for their child."

It's not? The parents went to such lengths to hire a lawyer, file suit against the school system, and a judge told them they had no right to tell the school system they did not want them asking their 6 year olds about sex.

How is this NOT telling parents what is best for their kids?
Posted By: plawrence

Re: Court Rules Parents Have No "Fundamental Right - 11/05/05 12:46 AM

Because this was a voluntary program.

The parents signed a consent form allowing their children to participate.

Their complaint, apparently, is that the aspects of the program involving sex were not disclosed.

You can assume that, because had they been disclosed, then any parents with an objection would not have consented.
Posted By: marlon

Re: Court Rules Parents Have No "Fundamental Right - 11/05/05 01:13 AM

I understand that, but is this really voluntary? They did this without telling the parents what the subject of the survey was to be, or if they did, they forgot to mention the sex part.

I would rerally like to know exactly what was asked and how.
Posted By: plawrence

Re: Court Rules Parents Have No "Fundamental Right - 11/05/05 01:25 AM

If there was a consent form involved, that would mean that it was voluntary, wouldn't it?

And I agree with you, and it's what I've been saying all along:

We really don't have enough information here.
Posted By: Don Vercetti

Re: Court Rules Parents Have No "Fundamental Right - 11/05/05 02:01 AM

I was taught sex education in school in the 5th grade. I never had one of those talks from my parents. Oddly enough, I knew about it in the third grade. I even learned what a "dilto" was in the 4th grade from other kids telling me. :p
Posted By: DonVitoCorleone

Re: Court Rules Parents Have No "Fundamental Right - 11/05/05 02:02 AM

My parents never said shit to me. I read where babies come from in a book when I was 8.
Posted By: Double-J

Re: Court Rules Parents Have No "Fundamental Right - 11/06/05 01:34 PM

They were debating this on FoxNews last nite. From what I understand, the school contracted some outside psychological group for this survey, and didn't bother to read the survey. Neither did the parents, who approved it with consent forms.

While I disagree with the survey, especially with regards to such young children and sexual matters, the parents signatures and the schools ignorance essentially doom their argument. If anything, I would think the parents would be better served going after those in the district who approved the survey without even reviewing or reading it first...

Certainly these schools, while claiming to have some kind of sovereign jurisdiction, are subject to the parents because it is their tax dollars that pay for the school.

---

As far as sex education goes, I know we had "health" in 7th grade, so that would be about...12/13 years of age. I mean, by then, we had a pretty fair idea that girls weren't wearing ballons underneath their shirts and there was a reason they got different bathrooms than the boys.

I think 13-14 is about the right age to begin sex education because this is when they really begin to be exposed to the culture of sex and illicit (or perhaps "unwholesome" ?) messages from the media and their peers. My parents didn't fool me with any stork stories or the cabbage patch - I understood that it took a sperm and an egg from a relatively early age, about 5 or 6.

I think that sex education is important in our schools, but that the schools should still respect the rights of parents to be...well...parents. In high school we had more advanced "health" classes which were mandatory and covered a broad spectrum of topics throughout the semester including exercise, drug abuse and alcoholism, and sex/birth control. As the stork/cabbage patch arguments prove, many parents are either too nervous or unwilling to disclose the truth to their children, which, down the road, can lead to misconceptions which are dangerous when pre-teens and teens begin to experiment is sexual behavior. It is how "lore" like douching with a carbonated beverage is still considered by many to be a legitimate form of birth control.

Therefore, I think it is vital that schools provide a cursory survey of sex education and birth control so that we can prepare our youth. It should be done in a respectful and tasteful manner, but certainly not designed to insult their intelligence (can you all say "penis?" *snicker*).
Posted By: plawrence

Re: Court Rules Parents Have No "Fundamental Right - 11/06/05 02:24 PM

I'm gld we cleared some of that up.

I've often expressed my bewilderment (Here? In other threads? Who even remembers anymore?) about why so many Americans are "uptight" about sex.

But the fact is that they are, and I think that a parent who does not want their learning-disabled third grader surveyed about their attitudes towards sex - regardless of how important the identification of those attitudes may be in treating the disablitity - obviously has the right to have their wishes respected.

I would only suggest that perhaps -just perhaps - it's the parents very attitude about sex, unspoken or not, which may be part of the problem.

Anyway, the only thing that remains here is an absence of the judge's complete decision. The article, I think, doesn't really go into enough detail to intelligently discuss its merits.

As far as sex education goes, there's sex education, and then there's sex education.

I don't have a problem teaching how human reproduction works at age ten or eleven or so. I think the kids are old enough to understand it at that age, and by then many of them have probably picked up a great deal of mis-information, which can be clarified.

"Advanced" sex education is a bit trickier, though.

I believe that there is a real possibility that "too much" information can encourage youngsters to experiment, which is obviously not desirable.

Same argument as handing out free condoms in schools, which is probably a good topic for another thread.
Posted By: Jimmy Buffer

Re: Court Rules Parents Have No "Fundamental Right - 11/06/05 03:27 PM

While the content of this particular survey doesn't sound like it falls into this category, in some schools they do begin sex education curriculum in the primary grades. You have to remember that sex education doesn't necessarily insinuate the "sex" we think of as adults. Any kind of intimate act is construed as sex in the sex ed curriuculum. The "real" sex education still begins around the typical middle school age, but by beginning at a younger age the students are exposed to things such as personal space, appropriate/inappropriate touching, private parts, etc. It began as a program to teach children with autism, PDD, Prader-Willie Syndrome, and Down Syndrome appropriate ways to interact with their peers without unknowingly invading another child's personal space. I have a child with PDD in my first grade classroom whom, just the other day, was pointing at another female teacher and inadvertantly poked her right in the breast. She naturally jumped back, and the boy was confused as to why she did so. In his eyes, he had no idea that a breast was a private part and shouldn't be touched. Anyway, the program's mandate spread to the general ed classrooms as a result of sexual predation of children. Children whose parents haven't had any kind of sex talk with their parents are more aware of what is appropriate vs. inappropriate behavior.
Posted By: Sicilian Babe

Re: Court Rules Parents Have No "Fundamental Right - 11/06/05 05:03 PM

Since these children are learning disabled, could it be that this "survey" was part of a program to teach them about keeping safe from sexual predators? Since many sexual predators prey on children, and that learning disabled children could be even more vulnerable, perhaps this was to teach them about the inappropriateness of someone touching them? Or from touching one another?

Just a thought.
Posted By: Patrick

Re: Court Rules Parents Have No "Fundamental Right - 11/06/05 05:21 PM

I think that main problem here is the religious nuts who are strict about not having sex until marriage. We should give them a warm welcome to reality...
Posted By: Sicilian Babe

Re: Court Rules Parents Have No "Fundamental Right - 11/06/05 05:44 PM

Actually, Patrick, there is absolutely nothing wrong with waiting until marriage to have sex. I think that if someone has that belief, it should not be belittled. It takes an incredible amount of faith and discipline to hold onto it. However, I would also hope that someone who does have that belief would not look down on someone who doesn't share that belief, as I would never look down on someone who does. I think that a person's sexuality, and the choices that they make, are incredibly personal, and should never be mocked. One's beliefs, and the adherence to them, should all be different, otherwise this would be a rather boring world, don't you think??
Posted By: Patrick

Re: Court Rules Parents Have No "Fundamental Right - 11/06/05 06:25 PM

Quote:
Originally posted by Sicilian Babe:
Actually, Patrick, there is absolutely nothing wrong with waiting until marriage to have sex.
Right. But there is something wrong when some kids have parents who are nuts and tell them that sex before marriage is a sin and they'll go to hell if they don't wait.

Quote:
However, I would also hope that someone who does have that belief would not look down on someone who doesn't share that belief, as I would never look down on someone who does.
But they do look down on us.
Posted By: Sicilian Babe

Re: Court Rules Parents Have No "Fundamental Right - 11/06/05 06:36 PM

First of all, Patrick, I avoid terms like "them" and "us". I don't like them, because I feel that they lead to divisiveness. And there's nothing wrong with parents who teach their children not to have sex because it's a sin. That's their belief, and they're quite sincere about it. What I would have a problem with is if those same parents wanted to impose those beliefs on others. As I said, beliefs like those are extremely personal, and should remain as such.
Posted By: JustMe

Re: Court Rules Parents Have No "Fundamental Right - 11/06/05 06:57 PM

Quote:
Originally posted by Patrick:
[quote]Originally posted by Sicilian Babe:
[b] Actually, Patrick, there is absolutely nothing wrong with waiting until marriage to have sex.
Right. But there is something wrong when some kids have parents who are nuts and tell them that sex before marriage is a sin and they'll go to hell if they don't wait.
[/b][/quote]SB is right, Pat! And the question here is not about marriage, but about kids who are in 1-st and third grade!
Posted By: Patrick

Re: Court Rules Parents Have No "Fundamental Right - 11/06/05 10:20 PM

Quote:
Originally posted by JustMe:
[quote]Originally posted by Patrick:
[b] [quote]Originally posted by Sicilian Babe:
[b] Actually, Patrick, there is absolutely nothing wrong with waiting until marriage to have sex.
Right. But there is something wrong when some kids have parents who are nuts and tell them that sex before marriage is a sin and they'll go to hell if they don't wait.
[/b][/quote]SB is right, Pat! And the question here is not about marriage, but about kids who are in 1-st and third grade! [/b][/quote]But it's not 'normal' kids in 1st in 3rd grade. These kids have disabilities!
Posted By: JustMe

Re: Court Rules Parents Have No "Fundamental Right - 11/07/05 02:23 PM

Quote:
Originally posted by Patrick:
But it's not 'normal' kids in 1st in 3rd grade. These kids have disabilities!
Kids with learning disabilities may be even behind their age. And well may have, at the same time, more vulnerable psycho than normal kids. Disturbing their mind in such a rude way you may increase their problems. Such things are subject to personal treatment, IMO, and very professional, careful one.
Posted By: plawrence

Re: Court Rules Parents Have No "Fundamental Right - 11/07/05 02:37 PM

Everyone seems to lose sight of the fact that, as I understand it, the survey was part of a professionally prepared program to help children with learning disabilities, some of wwhich, presumably, could have been caused by their attitudes about sex.

And aparently the parents of these kids were not getting them the careful and personal treatment they required, because if they had, they would not have consented to their participation in this program.
Posted By: JustMe

Re: Court Rules Parents Have No "Fundamental Right - 11/07/05 02:45 PM

Quote:
Originally posted by plawrence:
the survey was part of a professionally prepared program to help children with learning disabilities, some of which, presumably, could have been caused by their attitudes about sex.

And aparently the parents of these kids were not getting them the careful and personal treatment they required, because if they had, they would not have consented to their participation in this program.
I must've missed it, but where is it said in the original article that their parents consented to participation in such program as you described? As far as I understood, they didn't know it had something to do with sex at all.
Posted By: plawrence

Re: Court Rules Parents Have No "Fundamental Right - 11/07/05 02:51 PM

The district's attorney, Dennis Walsh, said the survey was not to sexually exploit children but instead was part of a legitimate program to help students.

It was part of a program to gauge exposure to early trauma and to assist in designing a program for children to overcome barriers to learning, according to the district.
Posted By: JustMe

Re: Court Rules Parents Have No "Fundamental Right - 11/07/05 03:26 PM

But it never says that parents consented to participate in a program having questions about sex! How can they know what do they give to their children in schools? Especially note that the program was meant to ASSIST to design program to help disabled children, not to treat these very children!
Posted By: plawrence

Re: Court Rules Parents Have No "Fundamental Right - 11/07/05 05:03 PM

There are a lot of things in this story which are, to say the least, a bit vague.

Yes, I too had the impression that they were developing a program to assist in helping children with learning disabilities, not necessarily that this was the program itself, but I also had the impression that they were surveying those children with disabilites.

Also, as I pointed out earlier, we don't have the complete decision of the judge here, either.

I think that we can, or should, agree here that

-- In general, first, third, and fifth graders are too young to be surveyed about their attitudes towards sex.

-- Parents should not sign consent forms about school programs without knowing exactly what they are consenting to.

-- If trained professionals feel that surveying children with learning disabilites about their attitudes toward sex will be helpful in developing a program to treat these children, they should be allowed to unless the parents have a specific objection to them doing so.
Posted By: Double-J

Re: Court Rules Parents Have No "Fundamental Right - 11/07/05 10:26 PM

Quote:
Originally Posted by Patrick: I think that main problem here is the religious nuts who are strict about not having sex until marriage. We should give them a warm welcome to reality...
I think the main problem here is the amoral messages we get from Hollywood, sports stars, and the media in general, who promote lives where sex is a carefree act in parity with wiping your arse or picking up a ringing telephone, rather than a significant gesture of love and affection. We should give them a warm welcome to reality...

Quote:
Right. But there is something wrong when some kids have parents who are nuts and tell them that sex before marriage is a sin and they'll go to hell if they don't wait.
Why is there something automatically "wrong" if that is what they believe; if that is a key to their moral system, and it isn't hurting you in any way?

For instance, I could say the same thing about your immorality with regards to drugs and alcohol, I could say it is "wrong," because it conflicts with my values.

To dismiss something outright as "wrong" when it is someones personal belief is ignorant. You're not taking into account that someone could say the same thing about your actions, or contemplating the reasonings behind their methodology, and the effects of those who follow that methodology.

Quote:
But they do look down on us.
Who exactly is "us?" You? Me? The BB? The United States? The world community at large?

I'm posing a question to you, Pat. Why is it unrealistic to promote moral values in today's society? I mean, why is your view explicitly correct (or, "right,"), yet a view that conflicts with yours for legitimate reasons is "wrong." Please elaborate.
Posted By: dontomasso

Re: Court Rules Parents Have No "Fundamental Right - 11/08/05 06:07 PM

Quote:
Originally posted by Don Cardi:

Personally I think that the court's decision is outrageous. What next, a parent doesn't have the sole right to dicipline their kids?

DC they don't. The schools also have the right to discipline kids. So do the police if the kids are really bad.
Posted By: Don Cardi

Re: Court Rules Parents Have No "Fundamental Right - 11/09/05 02:49 AM

Hannity and Combs are going to talk about this exact issue right now.


Don Cardi
Posted By: Don Cardi

Re: Court Rules Parents Have No "Fundamental Right - 11/09/05 03:00 AM

That idoitic court said that parents do not have the sole right to influence their children when they teach them about sexual matters.

It turns out that these kids were asked questions like how often they touched themselves, how much they thought about sex, etc.! Outrageous! Elementary school children 6 and 7 years old being asked how often they touch themsleves! :rolleyes:

And they had a sex education teachimg expert on that said Sex Eucation NEVER asks personal questions to students. It is just supposed to teach and answer questions.

Those who implemented this survey of these little kids should be ashamed of themselves. Sick bastards!


Don Cardi
Posted By: plawrence

Re: Court Rules Parents Have No "Fundamental Right - 11/09/05 06:35 AM

Did they say if the children being surveyed were the ones with the learning disabilities, and the survey was part of the program designed or being designed to help them, or if these were just "regular" kids?

That's one of the key issues here, I think.

If trained professionals felt that these were appropriate questions because the kids attitudes about sex might have had something to do with their disability, that's one thing.

If not, that's a different story.
Posted By: Don Cardi

Re: Court Rules Parents Have No "Fundamental Right - 11/09/05 08:52 AM

Plaw, please give us a damn break with your disability bullshit arguement. Bottom line is the parents were NEVER told that THEIR 6, 7 and 8 year old children, not the school's children, not the states children, but THEIR OWN children were going to be asked questions about sex that contained questions like how many times a day they touched themselves or how many thoughts they had about sex.

Mentally disabled or not, these people had absolutely no right to ask these little children those kinds of questions without letting the parents know what the content of that survey would be and getting the parents permission first.


Anyway you keep bringing up this poor excuse that maybe they were mentally challenged kids, but no where in any story have I heard your claim.

Trained pros? What in the world gives a so called trained pro the right to make a decision like that, involving little children, without the PARENTS knowing? It doesn't matter. You don't ask 6, 7 and 8 year olds what their sexual desires may be. It's sick. End of story.


Don Cardi
Posted By: plawrence

Re: Court Rules Parents Have No "Fundamental Right - 11/09/05 09:02 AM

First of all, the part about this survey involving children with disabilities is clearly mentioned in the story

The district's attorney, Dennis Walsh, said the survey was not to sexually exploit children but instead was part of a legitimate program to help students.

It was part of a program to gauge exposure to early trauma and to assist in designing a program for children to overcome barriers to learning, according to the district.


Second of all, as I said in my last post,

Did they say if the children being surveyed were the ones with the learning disabilities, and the survey was part of the program designed or being designed to help them, or if these were just "regular" kids?

That's one of the key issues here, I think.

If trained professionals felt that these were appropriate questions because the kids attitudes about sex might have had something to do with their disability, that's one thing.

If not, that's a different story.


Thirdly, I have also said in this thread that the consent form provided to the parents should have included the fact that the child participants would be surveyed about their attitudes towards sex.

So what's the problem?
Posted By: Don Cardi

Re: Court Rules Parents Have No "Fundamental Right - 11/09/05 09:08 AM

Quote:
Originally posted by plawrence:

If trained professionals felt that these were appropriate questions because the kids attitudes about sex might have had something to do with their disability, that's one thing.

If not, that's a different story.
That's the problem.


Look if you feel that it's appropriate for someone to decide to ask your 6 year old child, without your knowledge, how many times a day they touch themselves, then that's you. It's not me. Personally I think it's sick and inappropriate.


Don Cardi
Posted By: plawrence

Re: Court Rules Parents Have No "Fundamental Right - 11/09/05 09:25 AM

Let me say it one more time....

The consent form provided to the parents should have included the fact that the child participants would be surveyed about their attitudes towards sex.


Earlier in this thread, I said pretty much the same thing here:

Quote:
Originally posted by plawrence:
If I am correct in assuming that the questions were asked only as a part of the program described above, then that should have been disclosed to the parents prior to their being asked to give consent to their child's participation in the program, as, in fact, all aspects of the program should have been.
and here:

Quote:
Originally posted by plawrence:
The parents objection, and it is a valid one, was that the children would be surveyed about sex, which was not disclosed in the consent form.
and here:

Quote:
Originally posted by plawrence:
I think that a parent who does not want their learning-disabled third grader surveyed about their attitudes towards sex - regardless of how important the identification of those attitudes may be in treating the disablitity - obviously has the right to have their wishes respected.
and here:

Quote:
Originally posted by plawrence:
-- If trained professionals feel that surveying children with learning disabilites about their attitudes toward sex will be helpful in developing a program to treat these children, they should be allowed to unless the parents have a specific objection to them doing so.
So, quite frankly DC, this comment of yours mystifies me:

Quote:
Originally posted by Don Cardi:
Look if you feel that it's appropriate for someone to decide to ask your 6 year old child, without your knowledge, how many times a day they touch themselves, then that's you. It's not me. Personally I think it's sick and inappropriate.
Clearly, I do not think it appropriate for my six year old child to be asked questions of a sexual nature without my knowledge, and I would appreciate it if you stopped implying that I did.
Posted By: Don Cardi

Re: Court Rules Parents Have No "Fundamental Right - 11/09/05 09:45 AM

You forgot and here:

Quote:
Originally posted by plawrence:

Did they say if the children being surveyed were the ones with the learning disabilities, and the survey was part of the program designed or being designed to help them, or if these were just "regular" kids?

That's one of the key issues here, I think.

If trained professionals felt that these were appropriate questions because the kids attitudes about sex might have had something to do with their disability, that's one thing.

If not, that's a different story.


Did you not say this or am I implying that you did?


Don Cardi
Posted By: plawrence

Re: Court Rules Parents Have No "Fundamental Right - 11/09/05 10:17 AM

Obviously I said it.

But your statement concerned consent

if you feel that it's appropriate for someone to decide to ask your 6 year old child, without your knowledge, how many times a day they touch themselves, then that's you. It's not me. Personally I think it's sick and inappropriate.

That's what I was responding to, since your statement implies that I thought it was OK without consent.

As far as this goes:

Quote:
Originally posted by plawrence:
Did they say if the children being surveyed were the ones with the learning disabilities, and the survey was part of the program designed or being designed to help them, or if these were just "regular" kids?

That's one of the key issues here, I think.

If trained professionals felt that these were appropriate questions because the kids attitudes about sex might have had something to do with their disability, that's one thing.

If not, that's a different story
Let me elaborate and try and explain here.....

A survey administered in a school which is designed to uncover the sexual attitudes a six year old should not be done without the parents consent. Period. parental consent is an absolute must, regardless of the reasons for the survey

I believe I have made my opinion on that issue perfectly clear.

So now we come to the purpose of the survey.

If its purpose was to merely gather statistics or something, or provide information for a book that the school psychologist happened to be writing, I think it would be totally unnecessary; however, if the school wished to conduct such a survey anyway, and the parents consented to having their child participate, I don't see that there's a problem, although I personally would not have my child particpate.

However, if professional psychiatrists or psychologists were desiging or administering a program designed to help children with learning diabilities, and they felt that knowing these childrens attitudes about sex would help in the development or administering of such a program, and my child had a learning disability, after fully investigating the program and finding it to my satisfaction, I would consent to my child's participation.

As far as the "sex survey" part of the program goes, I would guess that it was included because the developers of the program felt that there was the possibility that my child's attitudes about sex might possibly be one of the causes of the problem, and I suspect that that is the answer I would be given during my investigation of the program, in which case I would not have a problem with that aspect of it.
Posted By: Sicilian Babe

Re: Court Rules Parents Have No "Fundamental Right - 11/09/05 04:06 PM

I had posted something before, but don't remember getting a response, so I will reraise the issue. Did it occur to anyone that these questions may have been geared toward protecting these children from sexual abuse? Either from adult pedophiles or other students?

Children are naturally at risk because of their innocence, and I would imagine that these children are even more vulnerable because of their learning disabilities. Perhaps, as Plaw suggested, part of their disability is an inappropriate sexual attitude.

I agree with both Plaw and DC that the parents should have been given full disclosure of the content in their consent forms, but why did they consent if they didn't know the content?? If my child was going to participate in some sort of "study" or "survey", I'd sure as hell want to know what it was going to be about.
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