Parents have a responsibility to ensure that their minor children receive a program of academic instruction which they regularly attend while the child is of an age prescribed by law for school attendance. Parents have the right to choose to educate their children in public, parochial, parish, or private schools, in-home education, or a combination thereof to prepare them for future obligations in life.

With respect to private, parochial, or parish schools, in-home instruction, or a combination thereof neither the state nor any political subdivision, nor any agency, entity, or person acting on behalf of the state or any political subdivision, shall dictate the content of curriculum, nor any concept, topic, or practice in conflict with either the school's or the parent's religious doctrines or beliefs. Except that as to curriculum, laws may require instruction in the United States Constitution and this constitution to such schools or in-home instruction.

Neither the state nor any political subdivision, nor any agency, entity, or person acting on behalf of the state or any political subdivision, shall act to deny or impair the fundamental right of parents to direct the upbringing, education, and care of their children. However, the fundamental right of a parent to control and direct the care, custody, and upbringing of a minor child may be modified by a court of law when a parent has been found guilty or pleads guilty to certain crimes listed in the amendment or when a parent has engaged in felonious conduct as prescribed by law. The fundamental right may also be modified or restricted when a parent has been found by a court of law by a preponderance of the evidence to have committed child abuse, child neglect, or medical neglect, or been found responsible for jeopardizing the health and safety of a child; or as a result of adoption, guardianship, foster care, child abandonment, mental incompetency, paternity, marital dissolution proceedings, when the child has been conceived or born as a result of rape or incest or through the voluntary consent of the parent of a child.

Involuntary termination of parental rights shall only occur as prescribed by law in accordance with this amendment when a court of law has determined based on clear, cogent and convincing evidence that a parent is unfit to be a party to the parent and child relationship and that termination of parental rights is in the best interest of the child.

Nothing in this amendment shall be construed to nullify statutes which authorize a minor child to consent to specific surgical or medical treatment that has been prescribed by law; to confer upon a parent the right to compel a minor child to undergo an abortion; to empower a parent to enroll his or her minor child in a public school outside the area of that child's residence except as otherwise provided by law; or to diminish the authority of peace officers and law enforcement officials to take necessary actions to safeguard the welfare of a child whose life, health, or safety is in jeopardy. This amendment specifies the situations that would constitute such necessary actions.

The provisions of this amendment shall not be construed to confer authority on a parent of a public school student to dictate to school administrators the curriculum, program choices, or levels of service to be provided to the parent's minor child.

The provisions of this amendment shall not be construed to confer authority on a public school parent to modify or change the curriculum, program choices, instructional methods, or levels of educational services a public agency is required to provide to the parent's child pursuant to federal law; nor shall a parent be allowed to overrule disciplinary decisions made by public school authorities with regard to that parent's child that are consistent with the school district's written discipline policy adopted pursuant to state law; provided that students shall be afforded the religious freedoms recognized in Section 5 of Article I.

These provisions cannot be construed to create any new or expanded right under Article IX of the Missouri Constitution or to create any new or expanded cause of action to force the state or any political subdivision of the state to provide funding under Article IX.

ADRIANE CROUSE