Originally Sent: 3/21/2014

From the HSLDA e-lert service…
Home School Legal Defense Association

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Call Now to Support Parental Rights Bill

Homeschooling in Oklahoma

Contact your senator right away.


TJ Schmidt
Staff Attorney Tj Schmidt answers questions and assists members with legal issues in your state. He and his wife homeschool their children.
Read more >>

Dear HSLDA Members and Friends:

As many of you know, House Bill 1384 is making its way through the Oklahoma Legislature. House Bill 1384 would ensure that the “liberty of parents to direct the upbringing, education, health care and mental health of their children is a fundamental right.”

If passed, House Bill 1384 would prohibit the state from infringing upon parents’ rights unless the state could demonstrate that there is a compelling governmental interest as applied to the child. In order to override the parents’ right the governmental interest must be of the highest order. In addition, the restriction of the parental right must be narrowly tailored, and the state interest could not be met by some less restrictive means.

The whole purpose in this standard is to ensure that Oklahoma law recognizes that parental rights are fundamental. The language used in House Bill 1384 follows a number of U.S. Supreme Court cases and is closely modeled after a statute in Arizona.

House Bill 1384 passed the House by a vote of 89 to 3. However, the bill has been held up in the Senate and has been sent to three different committees. There is some concern that this could kill the bill. We ask that you contact the Senate Judiciary Committee members and your own state senator and urge them to support House Bill 1384. Please feel free to contact those listed below into the middle of next week.

Requested Action

1. Contact the Senate Judiciary Committee members listed below and give them this message in your own words:

“Please support House Bill 1384. This bill will ensure that parents’ fundamental right to direct the upbringing, education, health care, and mental health of their children is clearly established in Oklahoma. As parents, our greatest concern if for the well-being of our children. I ask you to vote in favor House Bill 1384.”

Senate Judiciary Committee Members

Senator Anthony Sykes—Chair
Phone: (405) 521-5569
Email: lewis@oksenate.gov

Senator Rob Johnson—Vice Chair
Phone: (405) 521-5592
Email: johnsonr@oksenate.gov

Senator Mark Allen
Phone: (405) 521-5576
Email: allen@oksenate.gov

Senator Patrick Anderson
Phone: (405) 521-5630
Email: anderson@oksenate.gov

Senator Brian Crain
Phone: (405) 521-5620
Email: crain@oksenate.gov

Senator A.J. Griffin (sponsor of HB 1384—Please thank for support)
Phone: (405) 521-5628
Email: griffin@oksenate.gov

Senator David Holt
Phone: (405) 521-5636
Email: holt@oksenate.gov

Senator Tom Ivester
Phone: (405) 521-5545
Email: ivester@oksenate.gov

Senator Jabar Shumate
Phone: (405) 521-5598
Email: shumate@oksenate.gov

You do not need to indicate you are a homeschooler. Instead you can simply identify yourself and a concerned parent.

2. Contact your own state senator and give him or her this message in your own words:

“Please support House Bill 1384. This bill will ensure that parents’ fundamental right to direct the upbringing, education, health care, and mental health of their children is clearly established in Oklahoma. As a constituent and a parent my greatest concern if for the well-being of my children. I ask you to vote in favor House Bill 1384 and help bring this bill to a vote.”

You can find the contact information for you state senator online.

You do not need to indicate you are a homeschooler. Instead you can simply identify yourself as a constituent and a concerned parent.

Background

Besides further acknowledging the fact that parents have the right to direct their child’s education, House Bill 1384 also protects the following:

  • The right to direct the upbringing of your minor child.
  • The right to direct the moral or religious training of your minor child.
  • The right to make healthcare decisions for your minor child.
  • The right to access and review all medical records of your minor child (unless prohibited by law).
  • The right to consent in writing before a biometric scan of your minor child is made.
  • The right to consent in writing before any record of your child’s blood or DNA is created.
  • The right to consent in writing before the state makes a video/voice recording of your child (certain limited exceptions).
  • The right to be notified promptly when any state employee/entity suspects that a criminal offense has been committed against your child by someone other than you.

There is also language in House Bill 1384 that states that parents have inalienable rights that are more comprehensive than those listed in the bill, and that it does not prescribe all rights of parents.

Finally, House Bill 1384 does not authorize or allow a parent to engage in any abusive or neglectful conduct. Under the bill, no parent would have an excuse to abuse or neglect a child in violation of already existing Oklahoma law. The bill would also not provide any protection for any parental action or decision that would end life.

Thank you for your part in fighting for parental rights in Oklahoma. Feel free to forward this to your friends who support parental rights but may not be homeschooling or part of HSLDA.

Sincerely,

Thomas J. Schmidt
HSLDA Staff Attorney

P.S. We greatly value you and your support—it is a privilege to serve you! If you or someone you know is not a member of HSLDA, will you consider taking a moment today to join or recommend us? Your support enables us to defend individual families threatened by government officials and protect homeschooling freedom for all. Join now >>


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