And there was one this week in the First Circuit Court of Appeals, where the decision went for the Ludlow School Committee in Foote v. Ludlow School Committee:
As this opinion has endeavored to illuminate, we acknowledge the fundamental importance of the rights asserted by the Parents to be informed of, and to direct, significant aspects of their child's life--including their socialization, education, and health. Be that as it may--as this opinion has also made effort to explicate --parental rights are not unlimited. Parents may not invoke the Due Process Clause to create a preferred educational experience for their child in public school. As per our understanding of Supreme Court precedent, our pluralistic society assigns those curricular and administrative decisions to the expertise of school officials, charged with the responsibility of educating children. And the Protocol of nondisclosure as to a student's at-school gender expression without the student's consent does not restrict parental rights in a way courts have recognized as a violation of the guarantees of substantive due process. All told, the Parents have failed to state a claim that Ludlow's Protocol as applied to their family violated their constitutional right to direct the upbringing of their child.
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