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section two
is parental consent required before
Yes. Regulations promulgated under a provision of federal law formally called The Family Educational Rights and Privacy Act, but popularly called the "Hatch Amendment" (20 USC 1232h, 34 CFR 98), provide that (where federal money is involved, and much is given to D.A.R.E.), "no student shall be required...to submit without prior consent to psychiatric...treatment." "Psychiatric treatment" is defined as: an activity involving the planned, systematic use of methods or techniques that are not directly related to academic instruction and that is designed to affect behaviorial, emotional, or attitudinal characteristics of an individual or group. D.A.R.E. falls squarely within that definition, in that it is expressly aimed at "affecting" behaviors (resisting drug abuse), emotions (managing stress, building self esteem), and attitudes (abhoring drugs). To its credit, the D.A.R.E. organization recognizes and acknowledges that affirmative parental consent is required before a child is enrolled in D.A.R.E.. "Affirmative consent" is also called "opt-in permission," meaning the parent must sign something expressly authorizing participation, as if the child were going on a field trip. The "opt-out" rule does NOT apply. In other words, a parent who does nothing cannot be deemed by the school or police to have authorized D.A.R.E. instruction for her child. Recognizing the affirmative consent rule, D.A.R.E. publishes a form on the first page of the children's D.A.R.E. workbook, on which a parent's signature is said to be required. Commonly, teachers, administrators and school boards overlook the affirmative consent requirement and nothing is done unless someone complains.
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