It is unlawful for a parent, guardian, or other person having custody of a child who is over the age of five (5) years, and under the age of eighteen (18) years, to neglect or refuse to cause or compel such child to attend and comply with the rules of SOME public, private or other school, unless other means of education are provided for the full term the schools of the district are in session.Now, here's what the Oklahoma Constitution says about Compulsory Attendance:
The Legislature shall provide for the compulsory attendance at some public or other school, unless other means of education are provided, of all the children in the State who are sound in mind and body, between the ages of eight and sixteen years, for at least three months in each year.Did anyone notice anything odd? The Constitution says that we don't educate children under 8 or over 16, yet the piece of code cited by OSSBA says 5 to 18. Which is correct? The Constitution trumps code and the Constitution can't be changed without a Constitutional amendment process. Why hasn't anyone brought this to court? Why hasn't anyone appeared to even notice this disparity?
This state, any political subdivision of this state or any other governmental entity shall NOT infringe on the fundamental right of parents to direct the upbringing, EDUCATION, health care and mental health of their children without demonstrating that the compelling governmental interest as applied to the child involved is of the highest order, is narrowly tailored and is not otherwise served by a less restrictive means.Section 2A of HB1384 says,
ALL parental rights are reserved to a parent of a minor child WITHOUT obstruction or interference from this state, any political subdivision of this state, or any other institution, including but not limited to, the following rights: 1. The right to direct the EDUCATION of the minor child.And so it's true. This is not an easy issue - bureaucracy has seen to that - but it's one that must be dealt with and it's one that has been decided by the Oklahoma legislature. No matter how many contracts the state of Oklahoma has entered into with testing companies, the federal government or other entities, the RIGHT OF THE PARENT trumps. Certainly, the state - or private citizens - are welcomed to take any of these issues to court for decision, but I would simply adjure the state to recognize the right of parents and modify existing laws to meet that standard.