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.
College of Law
Northern Illinois University Law Review
Gelman, Jennifer H.
"Brave New School: A Constitutional Argument Against State-Mandated Mental Health Assessments in Public Schools,"
Northern Illinois University Law Review: Vol. 26:
1, Article 2.
Available at: https://huskiecommons.lib.niu.edu/niulr/vol26/iss1/2
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).