Judge Rules School Policy Unconstitutional

Click to Read Judge's Decision

The controversial high school policy which was years in the making due to stiff resistance from local parents has been found unconstitutional. The controversial school regulation numbered 6145, focused on student conduct away from school: be it on a family vacation or in the home.

The regional school board governing Indian Hills and Ramapo High School held a number of public hearings over the course of two years. Outside of meetings concerning the drastic budget cuts, it was one issue that drew repeated protesters to Board of Ed meetings. (previous article links below)

The overwhelming majority of parents who attended meetings to voice their concern protested an apparent usurpation of parental authority, rights and responsibility. The policy as enacted by the school board allowed for disciplinary actions to be taken against a student accused of any criminal offense, specifically the consumption of alcohol or drugs.

Parents protested that the policy was assuming guilt over innocence, usurped their authority as parents, and was vulnerable to abuse with false accusations. A recent ruling by an administrative judge agreed that the school board overstepped their authority stating, “The liberty interest at issue in this case – the interest of parents in the care, custody, and control of their children – is perhaps the oldest fundamental liberty interests recognized by this Court.”

The ruling is a summary judgement designed to provide a prompt, businesslike and inexpensive method to dispose of legal actions. The final decision rests with the Commissioner of the Department of Education, Bret Schundler who was appointed by Governor Chris Christie. While Governor Christie has been promoting a populist message of lower taxes and less government regulation, it is difficult to say if less regulation applies to the issue of school authority extending into the family unit.

The judge’s ruling also stated,“…the child is not the mere creature of the State; those who nurture him and direct his destiny have the right, coupled with the high duty, to recognize and prepare him for additional obligations.”….Click here to read the full ruling.

It is expected that the RIH school district will face additional court challenges should the Education Commissioner reject the judge’s ruling.