What Are Parent Trigger Laws?

Parent trigger laws are designed to give parents significant leverage in the administration and direction of their children's schools. These laws are grounded in the principle that parents are the primary stakeholders in their children's education.

They give parents the power to start change if the schools are not meeting performance benchmarks. This can include actions like replacing staff members and overhauling the educational curriculum. It could also mean converting a public school into a charter school.

The concept is rooted in a growing desire among parents to play a more active role in educational environments. These environments shape their children's futures. This is especially true when considering students' extensive time at school and completing homework at home. Let's explore parent trigger laws in more detail below.

What Are Parent Trigger Laws?

A parent trigger law is a state-enacted policy that permits parents of students in a failing school to intervene. Parents can enact changes within a school district as a result. This law typically applies to elementary schools, middle schools, and high schools. These schools are low-performing schools under the State Board of Education standards.

Under these laws, parents can usually sign a petition. If a sufficient percentage of parents agree, they can prompt corrective actions. These actions may include replacing school administration or inviting new management. They may also mean converting the school from a public school to a charter school. In extreme cases, they could mean closing the school altogether.

Criteria set by state legislatures often determine the eligibility to activate these laws. These might include poor academic performance. They might include failure to meet educational standards the U.S. Department of Education sets.

These laws also consider students' civil rights. They help ensure students with disabilities are considered. These students must be regarded fairly in any education program changes. Parent trigger laws give parents a more substantial role in their children's education. They can push for significant reforms through the school board. They can then help ensure their children's enrollment leads to quality education.

Why Parent Trigger Laws Exist

The core purpose of parent trigger laws is to empower parents. Parents then have a direct impact on their children's education. This is particularly helpful when schools fail to provide a satisfactory education. Many parents feel disconnected from their children's day-to-day learning. These laws offer a mechanism to enhance their involvement and oversight.

The intent is to ensure that schools are directly accountable to their communities. The theory is that when schools know parents have the authority to make sweeping changes, they will gain motivation. They may be more motivated to maintain high standards and be responsive to students' needs. This empowerment is particularly crucial in areas where schools consistently underperform. These laws give parents a legal pathway to instigate necessary reforms in public education.

The state of California pioneered the parent trigger law movement. California was the first state to pass a parent trigger law in 2010. This groundbreaking law set a precedent. It allowed parents at underperforming schools to start reforms through petitions.

California Education Code (EC) Sections 53300-53303 established the Parent Empowerment Act, which was signed into law in January 2010 and made effective in April 2010. Since then, the concept has gained traction across the United States.

As of 2016, seven states had adopted similar parent trigger laws. These laws provide a mechanism for parental involvement in school restructuring efforts. They are aimed at improving educational outcomes and accountability. In 2023, 60 parent empowerment laws were introduced across 24 states.

Current State Laws: Parent Trigger Laws

In the United States, states like California, Texas, and Louisiana have adopted parent trigger laws. These laws allow parents to intervene. They can do so when a school fails to meet specific educational standards as defined by the state. The types of interventions possible under these laws can vary. Each state has its own set of criteria and processes for such actions. The legislation helps ensure that parents have a real and practical influence over their children's education.

By law, parents can petition the school directly for changes in six of the seven states with parent trigger laws. Connecticut's law doesn't provide for parental petitions. Instead, It gives the state government and elected school officials more power. They can make compulsory changes. Generally, half of all parents with a child attending the school must sign the petition. In some states, students can sign petitions as well.

The school involved must be low-performing in all seven states. However, the states use different standards for what that means. California's law, for example, uses standards originally set in federal law under the expired No Child Left Behind Act. For parents to demand changes, these standards require schools to meet four specific criteria:

• Not be a "persistently lowest-achieving" school
• Be subject to federal corrective measures
• Continue to fail to make adequate yearly progress (AYP)
• Have an Academic Performance Index score of less than 800

Other states like Louisiana, which assigns an "A" through "F" grade to its public schools, use their own definitions.

There are important differences concerning the demands parents can make. In California, for example, parents can force the school to replace staff and faculty. They can force the school to convert to a charter school and even shut down.

Indiana's law only allows parents to request charter school management. Using a different approach, Louisiana's law allows parents to request that the state government take over the school. Parents at the school can apply for a state-funded voucher to help pay private school tuition.

Support for Parent Trigger Laws

Many parents and advocacy groups support parent trigger laws. These parties see these laws as vital tools for school reform. Proponents argue that these laws democratize the process of education reform. They argue the laws help make schools more accountable to the parents and communities they serve during the school year.

Supporters point out that every parent trigger law requires at least 50% of parents to sign the petition. They argue this reduces the chance of rash or unwise petitions. Supporters also note that some states allow schools to make less drastic changes if the parents' demands are impracticable.

Advocacy groups like Parent Revolution argue for empowering parents. They argue parents can help make changes that ensure schools focus on serving the students' best interests. Supporters believe that by providing a legal mechanism for intervention, these laws can stimulate positive change in the education system. This can lead to improved school performance and better educational outcomes for students.

Criticism of Parent Trigger Laws

Critics of parent trigger laws come from various parties. These parties include educators, some parent groups, and local educational agencies. They argue that these laws can create school instability and allow external groups, like for-profit business entities, to take over public schools. There are concerns that these laws simplify complex educational issues and reduce them to problems that can be solved merely by changing management or school structure.

Additionally, there is the worry that focusing on meeting specific performance metrics can lead to teaching to the test and neglecting broader educational values. Opponents also point out that these interventions can lead to significant community and faculty divisions, impacting school morale and students' learning.

Critics also assert that parents often sign petitions they don't fully understand. Some argue that trained teachers and staff, rather than parents, are in the best position to determine school administration and policies.

As more and more states consider parent trigger laws, the debate over their effectiveness will likely intensify. Already, opponents of trigger laws have accused parent groups of using confusing and unclear petitions to trick parents, while some parents have accused teachers' groups of using bullying tactics to discourage parents from signing petitions.

How an Attorney Can Help

If you live in a state that has passed a parent trigger law, an attorney can help you fully understand that law. As more states consider passing these laws, an attorney in your area can tell you whether your state is doing so, and they can also answer any general education law questions you have. You can consult with an attorney who concentrates in education law through FindLaw.