Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: THURSDAY, September 28, 1995 TAG: 9509290002
SECTION: VIRGINIA PAGE: C-1 EDITION: METRO
SOURCE: JOEL TURNER STAFF WRITER
DATELINE: LENGTH: Medium
The law requires schools to send out the "parental responsibility contract" and warn parents that they can be fined $50 if they refuse to sign.
But it does not require school officials to refer parents who don't sign to the courts, said Kent Willis, executive of the ACLU in Virginia.
In a letter Wednesday, the ACLU requested school divisions to announce publicly that they will not ask the courts to fine parents who do not sign the contract.
Although the school superintendents had not received the request, there already were indications that some localities won't seek fines.
Pulaski County has no intention of taking parents to court, said Karen Clymer, coordinator of pupil-personnel services.
"It is not very likely that we will be taking any parent to court," said Joe Kirby, director of instruction for Salem.
"We have not threatened any parents with a fine. I would not do that," said Wayne Harris, Roanoke's superintendent.
The new law requires parents to sign the pledge stating that they have seen the student code of conduct for their children's schools and that they recognize their responsibility to assist the schools in disciplining their children and maintaining order.
The law also says that parents are expected to meet with school officials if their child misbehaves. Parents who refuse to do that can be fined $500.
The Roanoke County school system avoided a hearing in federal court last week by saying it would not seek fines for parents who refuse to sign the contract unless a court rules that the law is constitutional.
Thomas and Deloras Whitt, the parents of a William Byrd High School student, have filed a lawsuit claiming that the new mandate violates their religious beliefs because they do not believe in entering into a contract with governmental officials in managing their child's behavior.
Don Huffman, attorney for the Whitts, said the couple will proceed with their lawsuit and seek a ruling on the law's constitutionality, even though the request for a temporary restraining order is moot.
Willis urged other school divisions to take a similar position as Roanoke County's and not force parents to sign.
Del. Clifton "Chip" Woodrum, D-Roanoke, said the ACLU is correct that there is no requirement for school systems to seek court fines for parents who refuse to sign the contract.
"It is the local school system's option. We are not interfering with a school board's right to decide whether it will go to court," Woodrum said.
David Blount, governmental relations officer for the Virginia School Boards Association, said the state law was intended to preserve the right of school systems to decide if they would seek fines.
"There is nothing requiring school systems to take parents to court," Blount said.
Willis said the new law violates the right of free speech because it requires "parents to say they will go along with school officials when it comes to disciplining their children."
But Woodrum disagrees with Willis. He said parents are free to object to the school's discipline of their children.
"There is nothing to say that you have to agree with what school officials have done," Woodrum said. "You are not waiving any rights."
Willis said the state is asking parents to give up their right to protest government action.
"In a misguided attempt to get parents involved in the educational process, the state is not only asking them to give up their role as advocates for their own children, but they are also imposing a day in court and a fine on those parents who care enough about their child's education to refuse to sign this contract," Willis said.
But Woodrum said the state is only asking parents to assume their responsibility to assist school officials. He said he doesn't understand the objections.
Willis said the ACLU is looking for parents who are willing to challenge the law on the grounds that it violates free speech.
While many parents have signed and returned the contracts in Western Virginia, some parents have complained and refused to sign.
In Pulaski, Clymer said some parents have called her and said they're all for participating in their child's education, but they don't like signing contracts under the threat of fines.
"I tell them, 'Fine, rewrite the contract and say it in your own words.' They'll send that back with the unsigned form," she said.
Harris said Roanoke made no reference to fines or court action in the information sent to parents. "We are trusting that parents will be supportive and sign the form and return it."
Staff writer Lisa Applegate contributed to this story.
by CNB