Category Archives: Parental Rights

Virginia, School Choice and Charter Schools – The National Map

by James C. Sherlock

One of the most curious aspects of discussions about Virginia, school choice, and charter schools is that Virginia progressives attack both as a conservative plot.

And mostly get away with it.

The claim is demonstrably preposterous, but effective so far because Republicans don’t offer an organized response.

I offer a map of the United States annotated with the percentage of public school kids attending public charter schools in 2019.

If Virginia progressives can discern some pattern of red states vs. blue states, they should speak up.

State laws vary, but each of the states with significant numbers of charters has a state-appointed charter authority that is not dependent upon approval by local school boards.

“Conservative” Washington, D.C., had 43% of its public school kids in charters.

Far from being totalitarianism, as goes the progressive line in Virginia, this is the result of popular constitutional amendments in virtually every state shown above in green.

Seems voters in those states wanted parents with kids in their worst schools to have options.

So will the voters of Virginia. Just show them the map during the campaign. Continue reading

What Do We Owe To and Expect from a Special Ed Teacher?

Abigail Zwerner
Courtesy AP

by James C. Sherlock

On February 16, USA Today published a story by Jeanine Santucci. That is the latest in an excellent series of reports on the shooting of Newport News first grade teacher Abigail Zwerner.

Her article, “Virginia 6-year-old who shot his teacher exposes flaws in how schools treat students with disabilities.” raises questions that Virginians need to answer.

  • What, exactly, do we expect of special education teachers and what do we owe them?
  • What training and resources must we provide?
  • How do we keep them safe?
  • How do we get enough people to accept the challenges and risks?

Any school official or teacher will tell you:

  • That the best-organized parents in K-12 education are special-ed parents;
  • That federal law is very prescriptive and provides little room for error on the part of the schools;
  • That schools’ (meaning taxpayers’) liability for error is open-ended; and
  • That special-ed continues to get more challenging, especially after COVID accelerated the number of emotionally disturbed children and adolescents.

Few school divisions will claim to have any of that under control.

 JLARC in 2020 concurred with that assessment in Virginia.

Longstanding shortage of special education teachers persists, and many school divisions rely on under-prepared teachers to fill gaps.

IEPs are not consistently designed effectively.

School divisions are not consistently preparing students with disabilities for life after high school.

Continue reading

Unconstitutional Viewpoint Discrimination in Virginia K-12 Teacher Evaluation Standards

Daniel Gecker Esq., President of the Virginia Board of Education. Appointed to the Board of Education by Governor Terry McAuliffe and reappointed to a four year term by Governor Ralph Northam. Date of expiration of appointment – June 30, 2023

by James C. Sherlock

Progressives, in the fullness of their dogma, oppose the entire Bill of Rights.

The Bill of Rights is specifically structured to limit the powers of government, which progressives find not only unsuitable, but unimaginable.

In the Golden Age of Progressivism in Virginia, 2020 and 2021, they controlled the governor’s mansion, the General Assembly, the Attorney General’s Office and all of the state agencies.

With total control, they took flight.

They have always known what seldom occurs to conservatives not prone to offend the Bill of Rights.

With total control of state government, progressives can enact and have enacted laws, regulations and policies that violate both the federal and state constitutions.

They know it will take a decade or more for courts to push back. Meanwhile they can call opponents “haters.”

After which the worst that can happen is that nobody is held accountable. Except the taxpayers.

I just exposed unconstitutional viewpoint discrimination in the University of Virginia’s hiring process. that was implemented starting in 2020.

The same fertile progressive imagination is also present in the Board of Education’s new (in 2021) Standard 6. “Culturally Responsive Teaching and Equitable Practices performance indicators” (starting on page xv) in “Guidelines for Uniform Performance Standards and Evaluation Criteria for Teachers(Guidelines). Continue reading

How Parents Can Take a Proactive Role in Their Child’s Education

by Timothy Rarick

In Dr. Seuss’ classic book Horton Hatches the Egg, we are introduced to Mayzie, a lazy bird who is also an expectant mother. She loathes the work and responsibility that come with taking care of her developing baby within the egg. She eventually convinces Horton the elephant to take care of her egg so she can take a short vacation. As Horton nurtures the baby bird through many difficult circumstances, it becomes clear that the lazy Mayzie had no intention of returning any time soon. When their paths crossed again a year later, the egg burst open and — to both Horton and Mayzie’s surprise — the baby appeared to be part elephant and part bird.

On the surface, this story is amusing but unbelievable. An adoptive parent’s influence cannot alter the physical DNA of their child. But if we look deeper, we discover some profound lessons for parents today. These lessons might be put in the form of questions, such as:

— How much influence does a parent really have over their child’s development?
— Who should be the child’s primary educator and influencer?
— What and how is the child being taught from that primary source?

Of course, these ideas and questions did not originate with Dr. Suess. For decades, research and theory have explored similar questions about child development. The eminent developmental theorist Urie Bronfenbrenner, posited that a child is influenced, or socialized, in multiple contexts or sources. The primary influencers being the immediate environment such as the home, schools, neighborhood, etc. In a 1992 interview, Dr. Bronfenbrenner made a profound statement that appears to offer an answer to the first two questions above. “The more we study human development,” he wrote, “the more it becomes clear the family is the most powerful, most humane and, by far, the most economical way of making human beings human.”

His theory was developed at a time when schools and parents were much more in sync with one another. Today, there appears to be growing discord over whether parents or the state (i.e., public schools) should be the primary influencer and educator of children. Although many parents today are not as irresponsible as Mayzie, how a parent answers these questions has never been more critical.

These questions relate not only to parental responsibility but also parental rights. Parental rights expert, Dr. Melissa Moschella, posed the questions this way:

Do the right and the responsibility to educate children belong primarily to parents, or to the state? And who should win when parents and the state disagree over educational content, methods, and goals? Disputes about parental rights are ultimately disputes about authority. Either child-rearing authority fundamentally resides in the political community (which partially delegates that authority to parents), or parental authority is natural and pre-political, based on the nature of the parent-child relationship.

Virginia: Ground Zero

The past decade in Virginia is a model for addressing the tension in these questions. In 2013, a Virginia law was passed that protected the fundamental right of parents to make decisions concerning the upbringing, education, and care of their child. Since the 2021 election of Virginia’s first Republican governor in more than a decade, the push for parental rights has been moving forward. Governor Glenn Youngkin’s efforts, such as allowing parents to opt their children out of assignments that contain sexually explicit material, are an important step in getting parents actively involved in their children’s education to be the influential source that Bronfenbrenner asserted they are. Continue reading

Free at Last

by Jim McCarthy

Compulsory K-12 education under state law is a fact often taken for granted since its enactment in 1908 in the Commonwealth of Virginia. In 1984, the state authorized homeschooling initiated by an earlier Supreme Court decision in 1972 (Wisconsin v Yoder), providing for a religious exemption from compulsory attendance in public schools.

At present, some 56,000 youth are homeschooled in Virginia. Enhanced empowerment of parents was a principal plank in Gov. Glenn Youngkin’s campaign for the statehouse and continues to be extolled even as he travels around the country in support of GOP candidates. The newly elected Speaker of the House of Delegates, Todd Gilbert (R-Woodstock), enthusiastically proclaimed upon his elevation, “We’re all about empowering parents.”

Under current regulations, homeschooling is authorized where parents demonstrate the following:

1. Possession of a valid high school diploma (or a higher degree, such as can be obtained through a university), which must be submitted to the district’s superintendent (a GED does not fulfill this requirement); or,
2. A valid teacher’s certificate as approved by the state; or,
3. Provide a distance or correspondence curriculum approved by the Superintendent of Public Instruction; or,
4. Provide evidence that they, as the teaching parent, can meet the Virginia Standards of Learning objectives.

Perhaps, under the excitement of the leadership of Youngkin and Gilbert, a newly woke conservative effort is emerging designed further to shed or minimize state control in this area. Del. John McGuire (R-Louisa) introduced House Bill 1454 to eliminate the existing qualifications for homeschool proctors. Evidence of student academic progress remains a requisite at the end of the school year and may be based upon a standardized test on a nationally recognized examination, or an evaluation by a licensed educator, or a report from a distance-learning vendor. Continue reading

Parents’ Rights Under Assault in Richmond

by Kerry Dougherty

HB2091 – SUMMARY AS INTRODUCED:

Parental access to minor’s medical records; consent by certain minors to treatment of mental or emotional disorder. Adds an exception to the right of parental access to a minor child’s health records if the furnishing to or review by the requesting parent of such health records would be reasonably likely deter the minor from seeking care. Under the bill, a minor 16 years of age or older who is determined by a health care provider to be mature and capable of giving informed consent shall be deemed an adult for the purpose of giving consent to treatment of a mental or emotional disorder. The bill provides that the capacity of a minor to consent to treatment of a mental or emotional disorder does not include the capacity to (i) refuse treatment for a mental or emotional disorder for which a parent, guardian, or custodian of the minor has given consent or (ii) if the minor is under 16 years of age, consent to the use of prescription medications to treat a mental or emotional disorder.

Parental rights continue to be under assault by Democrats in the General Assembly. They will never give this up until they are all voted out of office.

Fortunately, the GOP majority in the House of Delegates will be able to kill HB2091, a bill that would create an avenue for “health care providers” to keep information and treatment of mental or emotional disorders secret from parents.

We all know what “mental and emotional disorders” are code for: transgenderism and other associated behaviors. Continue reading

General Assembly Democrat Bill Supports Gender Transition at 16 Without Parental Consent

Del. Candi King, (D) – House District 2 Stafford and Prince William (Facebook)

by James C. Sherlock

I note that House Bill No. 2091, with Patrons Munden-King, Clark, Hope, Maldonado, Rasoul and Simon does two things:

  1. It modifies Code of Virginia § 20-124.6. Access to minor’s records to permit health care providers to deny a minor patient’s records to parents if, in the provider’s judgment, providing those records would be “reasonably likely to deter the minor from seeking care.”
  2. It modifies Code of Virginia § 54.1-2969. Authority to consent to surgical and medical treatment of certain minors by adding:

“L. Any minor 16 years of age or older who is determined by a health care provider to be mature and capable of giving informed consent shall be deemed an adult for the purpose of giving consent to consultation, diagnosis, and treatment of a mental or emotional disorder by a health care provider or clinic.”

“Deemed by a health care provider.”

Going out on a limb, let’s take gender dysphoria as an example. Continue reading

As TJHSST is Investigated, an Email from 2020 Reveals a ‘Pattern and Practice’ of Hiding Awards

by Asra Q. Nomani

This week, Virginia Attorney General Jason Miyares walked through the glass doors of the Korean Community Center off Little River Turnpike, the dome of Thomas Jefferson High School for Science and Technology visible through the window, and with him stood five parents of current and former students at TJ, as the school is known locally.

In a devastating announcement for Fairfax County Public Schools, Miyares announced twin civil rights investigations into, first, the withholding of National Merit Commended Student awards by TJ administrators and, second, a Fairfax County school admissions policy, put in place in December 2020, that a federal judge ruled discriminates illegally against Asian American students.

Miyares’ team will be seeking to identify a “pattern and practice” of discriminatory actions, a standard in civil rights cases. Currently, in defense of the school district, FCPS spokeswoman Julie Moult told reporters on Dec. 29, that withholding National Merit Commendation awards from students this year was a “one-time human error in the fall of 2022 only.”

“To suggest a deliberate intent to withhold this information would be inaccurate and contrary to the values of FCPS,” Moult continued. The district, she went on, values “hard work and dedication.”

“Fairfax County Public Schools also seems to value obfuscation and deception,” said Norma Margulies, the mother of a student at TJ, an immigrant from Peru, and one of the parents standing on stage with Miyares.

An email, obtained by Fairfax County Times, reveals that, indeed, in fall 2020, TJ staffers misled parents and students about the National Merit Commended Student award, presented to the top 3 percent of 1.5 million students who take the PSAT exam.

In the email, dated Nov. 24, 2020, at 11:53:25 a.m., a TJ staffer copied and pasted information about the Commended Student award into an email to a parent, who was asking about the award, incorrectly stating, “There is no letter and no formal announcement for Commended scholars and the list of Commended scholars is not made public.”

In fact, more than two entire months earlier, on Sept. 10, 2020, according to a National Merit Scholarship Corporation spokeswoman, the Illinois-based nonprofit sent a letter to TJ Principal Ann Bonitatibus notifying her the school had 230 National Merit Commended Students. Most of them were Asian- American. The school district typically releases the names of National Merit Semifinalists, who advance to compete to be National Merit Finalists.

The National Merit letter included a note with the explicit expectation that schools will inform students and parents, “Please present the letters of commendation as soon as possible since it is the students’ only notification.” Continue reading

Fathering While Black

by Asra Q. Nomani and Debra Tisler

STAFFORD, VA — “They are not taking my baby girl!” cries Sean Jackson, the black father of a beautiful girl, Amoria Adams, 10 months old, holding his beloved daughter.

This week, a school board member from Fairfax County, Va., Karen Keys-Gamarra, put in motion a judge’s order that tonight took a beautiful baby girl from the home of her doting father and paternal grandparents. At this moment. At 8:33 PM.

“You guys are taking my child,” says Jackson, distraught.

“No!” cries the paternal grandmother, Kimberly Jackson-Makle.

Three Stafford County sheriff’s officers moved tonight — Monday night, to seize this baby, nicknamed “Mori,” because of a judge’s order put in place by Keys-Gamarra on Monday without the father’s or paternal grandparents’ awareness.

Then, in the darkness of the night, little Amoria was strapped into a car seat in a white car and driven away by a stranger. Her father and grandparents have no clue where she is tonight.

How did this miscarriage of justice happen?

The writing on the wall was written on May 4, on the fourth floor of the Arlington Juvenile and Domestic Relations District Court, a bailiff held Amoria as a three-month-old baby girl and shouted, “Father? Where’s the father?”

Jackson, 28, a paramedic in nearby Stafford, Va., stepped forward and declared, “I’m the father.”

The bailiff thrust the baby into his arms.

Ever since Jackson had learned through a paternity test that he was Amoria’s father, he had been trying to win visitation. It seemed his case might have suddenly been strengthened. A few feet away, Arlington police led away the baby’s mother, 21, in handcuffs, arrested on an outstanding warrant for alleged assault and battery involving abuse of another of her daughters.

What are you? Retarded?

In the confusion, Jackson wondered what happened next.

But when he sought advice from the person who would know, Karen Keys-Gamarra, Amoria’s court-appointed attorney, he got a shocking answer – one that he says telegraphed her bias against him.

“What are you?” Keys-Gamarra snapped: “Retarded?”

While Keys-Gamarra denies using the term, it wouldn’t be the first time the lawyer, a Black activist and Fairfax County School Board member who ran as a “voice for the voiceless,” used the slur. On Thursday, Oct. 20, at a public meeting of the school board of Fairfax County Public Schools, Keys-Gamarra blurted out at one point during a dispute, “We cannot be this retarded,” in a hot-mic moment. The next day, disturbed by the use of the word, school board chair Rachna Sizemore Heizer told a local WUSA9 TV reporter, “That is actually the third time she’s used it.” Little did Sizemore Heizer know that a young father had also heard the word used to demean him. And according to someone close to Amoria’s mother, Keys-Gamarra refused to give Amoria to Jackson once when the baby was sick, saying: “He is retarded.”

For Jackson and his parents, the case illustrates the biases of a system rigged against fathers even by so-called progressives. Amoria’s mother, who is also Black, was three months pregnant with her when she was jailed in July 2021 for felony charges of possession of controlled substances and “gross, wanton or reckless care of a child.” Continue reading

Great Investigative Reporting of a Heartbreaking Story

Courtesy Asra Investigates

by James C. Sherlock

For a story that will simultaneously make you angry and break your heart, read Fathering While Black, by Asra Nomani and Debra Tisler.

It is the story of a guardian ad litem (GAL), Karen Keys-Gamarra, who is reported here to have systematically abused her position to pursue a Black father and his parents for the crime of loving and caring for his daughter while male.

The child’s mother was a junkie who exposed her baby to cocaine. The father is a gainfully employed paramedic in Stafford County with a clean record and clean drug tests. His own mother is a registered nurse and his father a retiree.

The GAL got an order from an Arlington J&D judge to take the child from the home of her father and grandparents last night.

The authors have practiced world-class investigative journalism in describing the case and the system — Arlington J&D judge, GAL and Child Protective Services — that worked together to seize the little girl. And put a gag order on her father and his parents.

If ethics violations were a crime, based on this reporting this case would be a Class 1 felony.

Now nobody in the system will comment.

Ms. Nomani and Ms. Tisler comment for them.  Thoroughly and compellingly.

Virginia’s Northam Learning Gap

by L. Scott Ligamfelter

It should surprise no one. After the ill-conceived March 2020 closing of Virginia’s public schools by former Democrat Gov. Ralph Northam, it should have been evident that children would suffer academically.

We now know the extent of that damage to fourth and eighth grade students. Virginia’s Secretary of Education, Aimee Rogstad Guidera, put it aptly. The National Assessment of Educational Progress (NAEP) results, she said, offer a “clear and heart-wrenching” statement on the “catastrophic decline” and a “predictable outcome of the decade-long systemic dismantling of a foundational commitment to excellence in education.” It didn’t have to be. What followed was a complete failure in virtual education. In the process, children fell victim to the self-absorbed politics of teachers’ unions and a complete disregard of the medical evidence from European countries that school-aged children were not at increased threat to contract COVID-19.

Moreover, the teachers’ unions saw the COVID-19 closing as an opportunity to keep schools shuttered while they lobbied for more pay and fatter school budgets once the pandemic crisis passed. A cynical assessment? Yes. But even when high schoolers in my county of Prince William returned to classrooms in 2021, teachers remained out, preferring to instruct kids virtually even as their students sat in segmented classroom space watching their teacher on a computer screen. It was farcical, and Virginia’s parents knew it.

Enter Republican gubernatorial candidate Glenn Youngkin, who correctly characterized parental outrage in Virginia, not only for the elongated closure of public schools, but also for the “woke pandemic” spread by liberal school boards bent on indoctrinating children to be social justice warriors. Of almost no concern to these latter-day commissars was the performance of our kids and grandkids in reading, math, genuine history, and critical thinking skills. Mr. Youngkin listened to parents. In turn, they elected Mr. Youngkin because he pledged to realign educational priorities to those of parents, not woke administrators.

The governor is rightly indignant over the recent NAEP results and has committed to ensuring that Virginia children “have the tools and support structure to get back on track.” Tutors, particularly in math and reading, are needed for our fourth graders. Reading scores for this segment were dismal, tumbling from seventh to 33rd place among all states. In math, fourth grade students barely reached the national average.

Continue reading

“Puberty Blockers Are Wonderful” – UVa Children’s Hospital

by James C. Sherlock

How do people communicate?

Generally by words and visuals and, in person, with body language. The art and science of marketing and sales is one of the bulwarks of any economy — and any political system.

My article on the hard selling of hormone treatments — puberty blockers and cross-gender use of estrogen and testosterone — by UVa Children’s Hospital Transgender Youth Health Services has drawn a lot of attention.

Two of the most famous lines from the video and its transcript are:

Puberty blockers are wonderful. They provide sort of a break.

Well. What child and parent wouldn’t want a break? Is there ice cream?

That enthusiastic endorsement caused me to check out the FDA warnings on puberty blockers.

Wonderful is not the first word that comes to mind. Continue reading

Slick Selling of Child Gender Transitions at UVa Children’s Hospital

by James C. Sherlock

The University of Virginia Children’s Hospital offers a Madison Avenue-quality sales pitch for child gender transition.

As written and smoothly delivered, it deflects any reservation parents may have in supporting such transitions by telling them they have been misled or are being selfish or both.

It helps parents decide by blaming their reservations on myths.

I offer below both a video and a transcript of that sales presentation.

The presenter uses a variation on the closing technique called the “question close.” In this one she both asks the questions — identified as myths — and answers them. The presentation carefully avoids mention of the word sterilization.

I expect that, given the sensitivity of the subject, it is very likely the best technique for closing the sale. Brilliant even.

If that is your goal.

The reputation of UVa hospital likely will be damaged by this exposure of how it sells this particular product. They have earned it. Continue reading

Hormone Treatment of Transgender Adolescents in Virginia – New Concerns

by James C. Sherlock

We have discussed at length the controversial policies of the American Academy of Pediatrics (AAP).

It is time to consider the impact of Great Britain’s ongoing National Health Service Review of its transgender support to children and young people.

It offers new concerns about clinical challenges in the diagnosis and treatment of gender dysphoria in adolescent patients, especially the safety of puberty blockers.

And it causes us to discuss what has been going on for years at the University of Virginia Children’s Hospital Transgender Youth Health Services.  

It is a state hospital that has treated hundreds of patients from the earliest stages of puberty with both puberty blockers and cross-gender hormones. Continue reading

The “Occasional” Butchery of Children

By James C. Sherlock

Chloe Cole after childhood surgical transition to a boy (left) and de-transition to a girl (right) – Courtesy of Chloe Cole and the New York Post

The New York Post wrote recently:

At 12 years old, Chloe Cole decided she was transgender. At 13, she was put on puberty blockers and prescribed testosterone. At 15, she underwent a double mastectomy. Less than a year later, she realized she’d made a mistake.

Note the gracious acceptance of agency by this young woman, even though she made a “decision” at 12 that she was transgender.  Some clearly think that a child of twelve is mature enough to make such a decision.

We see no such agency proclaimed by her parents, pediatrician, endocrinologist or psychologist.  I am sure they were “supporting” that child.

No agency is apparently accepted by the state in which she lived.  The state in which her doctors were licensed.

Let’s examine the agency of the adult players in such matters in Virginia.

Continue reading