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Document Type

Article

Media Type

Text

Abstract

This comment examines the constitutionality of emotional health assessments in public schools. Despite the Supreme Court's recognition nearly a century ago that parents have a right to control the education of their children, American courts have grown increasingly hostile to parental interests in conflicts between parent and school. The author explores the possibility that the Court's reaffirmation of parental rights in Troxel v. Granville (2003) could be invoked in certain cases to reverse that trend. It is argued, in particular, that parental objections to school involvement in emotional health determinations ought to merit some form of heightened scrutiny.

First Page

213

Last Page

245

Publication Date

11-1-2005

Department

College of Law

ISSN

0734-1490

Language

eng

Publisher

Northern Illinois University Law Review

Suggested Citation

Jennifer H. Gelman , Comment, Brave New School: A Constitutional Argument Against State-Mandated Mental Health Assessments in Public Schools, 26 N. Ill. U. L. Rev. 213 (2005).

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Law Commons

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