Predator Protection Racket

California Attorney General Issues Controversial Opinion

SACRAMENTO, CA. Dec., 02 /Covenant News Wire Service/ -- California Attorney General Bill Lockyer published his advisory opinion yesterday alleging that a school district is forbidden to provide prior notice to parents, or require parental consent, when a student leaves school to obtain “confidential medical services” (e.g., to obtain an abortion, sterilization, plastic surgery or even a sex-change operation).

Earlier this year the Attorney General’s office contacted the Pacific Justice Institute to solicit our opinion on the issue. In our response, PJI articulated that California law allows school districts to determine whether they will permit students to leave campus without parental permission, and we stand by that assertion despite the recent opinion from the Attorney General (AG) to the contrary.

The AG’s opinion failed to address the most critical aspects of the California statute that specifically discuss the issue of confidential medical release - Education Code §46010.1. That statute requires that school districts may (not must) release students for confidential medical purposes without parental consent. Nothing in the law forbids individual school districts from passing their own policies requiring parental consent, as the Attorney General erroneously contends. In fact, the AG Opinion ignores important evidence that clearly indicates that the legislature intended to leave that decision up to the individual school districts, not to eliminate their discretion altogether.

“Not only do we strongly disagree with Mr. Lockyer’s opinion, but we want to remind school districts that his opinion is in no way legally binding on any school district,” said Brad Dacus, PJI’s President. “In fact, we pledge to defend in court any school district with a policy requiring parental consent or prior notice before their child is allowed to leave campus.”


The Pacific Justice Institute is a non-profit 501(c)(3) legal defense organization specializing in the defense of religious freedom, parental rights, and other civil liberties.


CONTACT:
The Pacific Justice Institute
P.O. Box 276600
Sacramento, CA 95827-6600
Phone (916) 857-6900
Email: pji@pacificjustice.org
Website: http://www.pacificjustice.org




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