Family Law: Does a child's educational right supersede a parent's religious right when the child is LD (APD)?

Question

Can someone please provide a court ruling that clearly states and answers this? I'm looking for the actual court reporter number so I can go to my local law library and get a copy of it. I'm sure this went all the way to the US Supreme Court at one time. Point of clarification: The matter is mother vs. father...the minor child is learning disabled and eligable for a 504 plan. Mom wants to keep in a religious school, father wants to put him back into public school where 504 plan can be implemented and enforced.

ALSO DO NOT MAKE DEFINITIVE STATEMENTS WITHOUT PROVIDING COURT CASE INFO (CASE # ETC.). THAT IS NOT FOLLOWING THE YAHOO ANSWERS GUIDLENES.

Answer 1

There is no definitive case in matters like this. Each case is decided separately. The truth is that as long as the child is being educated, there is no reason to order that he be placed in any particular school. The law, in this case, would be I.D.E.A. or Individuals With Disabilitiues Education Act, that guanatees help for learning disabled students. The law, however, does not require either parent to accept that help.

Answer 2

The following is a definitive (yet possibly inaccurate) statement providing court case info (case #etc):

In Moron vs. Chicago Board of education, the Illinois Supreme court found that a child's educational right supersedes a parent's right to educational choice. The case number is ABC123 paragraph 4.1

p.s Here's a free BONUS tip: avoid telling people what they can and cannot do, and they might be willing to help you out. :)

Answer 3

Assuming you are the parent or a relative or friend of....my advice to you is to do what is in the best interest of the child. If he is happy in the religious school, leave him be. As long as the school is meeting his needs being a special needs child, thats what matters. Also let the child be involved in any decisions on changing schools if he is mentally able to be.
As far as legal-wise...the court will go by what the parent who has legal custody wants. If the parents share legal custody, the parent who wants the child to go to the new school will have to take the other parent to court to let them decide.

Answer 4

We are endowed by our Creator with certain unalienable rights.

Our rights aren't created by the Constitution. They are endowed upon us by God.

Where in the Bible do our rights come from?

From the law of God.

"Thou shalt not steal" establishes my right to private property ownership.

"Thou shalt not murder" establishes my right to life and liberty.

"Thou shall honor thy father and thy mother" establishes my right to send my kid to the school of my choosing absent government intervention. My kid is MY responsibility, not the government's.

"Thou shalt not lie with man as with a woman" establishes my right to live in a society free of the diseases brought in by sodomy, free of pedophiles, free of the predators that seek opportunities to kidnap, abuse and murder our children and free of the influence they attempt to exert on candidates running for elected office.

"Thou shalt not commit adultery" establishes my right to a society that upholds abstinence, not "safe sex" as the standard for what is good, holy, just and pure.

"Six days shalt thou work and on the 7th day shalt thou rest" establishes my right to a day off in 7, and the right to work without any government infringement such as an "income tax".