Assertion 4th Amendment Rights --
Remote Learning
Please fill out the form below the sample email. Be sure you have the correct name and email of your school principal. The submit button will email you and the school a copy of the Assertion.
Dear [PRINCIPAL NAME]:
Per Utah Code: 30-5a-103, 62A-4a-201, 53E-2-S201 and a century of SCOTUS precedent: “child is not a mere creature of the state.” Pierce v. Society of Sisters
Per the 4th amendment to the US Constitution: parents are the primary educators possessing the fundamental authority, right, responsibility and obligation to direct the upbringing and education of their children. Parents possess the authority to secure their children’s: “persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.“
Affidavit:
I/We, [PARENT NAME] the legal parents and guardian(s) to [STUDENT NAME], provide no consent to digital monitoring and surveillance of [STUDENT NAME], their person, papers, and effects, whether paper or digital. Furthermore, we provide no consent to any and all paper-based or digital, data collection, use, and disclosure, to any third-party contractor, school officials, for any and all purposes without my knowledge and explicit written consent.
In the event of a “heath emergency,” traditional remote learning instruction, digital learning platforms, etc, remote learning is conducted, under which students receive instruction via interactive video, digital, and/or audio technology. The technology employed by the District for this remote learning may allow District employees and agents to make observations of my/our child and the interior of my/our residence in the course of this remote instruction, as well as to hear and monitor audio emanating from my/our residence.
The surveillance of our home enabled due to the District’s remote learning policies and technologies has serious implications for the rights of our family under the Fourth Amendment to the United States Constitution to be free from unreasonable and warrantless searches. Because of these implications and the threat to the privacy of my/our family, I/we, [PARENT NAME] declare as follows:
• Our child’s participation in remote learning pursuant to District policies and practices does not constitute my/our consent to the District or any other government official conducting a search of our property, whether by video surveillance or otherwise;
• Our residence does not become school property for purposes of applying District policies or rules by virtue of my/our child’s participation in remote learning.
Additionally, I/we hereby demand that should District agents or employees make observations of conditions or activities at our residence during any remote learning session, the District must first contact and advise us of the situation before contacting any law enforcement agency about those conditions or activities.
[Parent Name]
[Parent Signature]