Listen to this post

Originally appeared in the CAS Weekly Newsletter

If a school district delivers curriculum through a student iPad, what rights do parents have to maintain a device-free/technology-free home?  In other words, if I prefer to keep my child off devices at least until age 14 or high school (as is recommended by many specialists), but the school assigns homework through the iPad, do I have any legal right to request that my child have an alternate method of doing homework?

I realize I cannot mandate what is done at school, and I know that students may work on iPads longer than two hours each day.  However, as a parent I feel strongly about having a digital-free space at home.

Is there any legislation regarding this matter?

                                                                                    No Screens at Home

Dear No Screens:

Your objection to requiring your child to complete homework on an iPad at home after school invites a discussion between you and your child’s teacher about what is best for your child (and all children) and whether either (1) your request will be accommodated or (2) the practice of which you complain will stop.  You are not alone in raising concerns about the impact that using screens has on the cognitive development of children.  However, technology holds great promise for learning, and school officials have broad discretion in how best to deliver instruction.

It is well-established that school officials have broad discretion in establishing the curriculum, and indeed such discretion is logical.  Different parents have different perspectives on what should be taught.  Deferring to various parental requests for modification of or excusal from certain topics in the curriculum would put educators in an impossible position of accommodating diverse parental concerns.  Accordingly, in a leading case on the subject, the Second Circuit Court of Appeals ruled as follows:

The Meyer and Pierce cases, we think, evince the principle that the state cannot prevent parents from choosing a specific educational program-whether it be religious instruction at a private school or instruction in a foreign language․ We do not think, however, that this freedom encompasses a fundamental constitutional right to dictate the curriculum at the public school to which they have chosen to send their children․ If all parents had a fundamental constitutional right to dictate individually what the schools teach their children, the schools would be forced to cater a curriculum for each student whose parents had genuine moral disagreements with the school’s choice of subject matter.   We cannot see that the Constitution imposes such a burden on state educational systems․

Leebaert v. Harrington, 332 F.3d 134 (2d Cir. 2003).

Second, you asked whether there is “any legislation regarding this matter.”  There is not, but related issues have been addressed.  In 2016, the General Assembly enacted Public Act 16-189, An Act Concerning Student Data Privacy, now codified at Conn. Gen. Stat. § 10-234aa et seq.  Moreover, in August 2024, the Connecticut State Board of Education issued a position statement advising school districts to adopt a policy restricting cell phone use in schools, found at POSITION STATEMENT AND POLICY GUIDANCE, Personal Technology Use in Connecticut Schools: Impact of Social Media and the Use of Cell Phones on Student Learning and Mental Health.  Similarly, the concerns that you have raised may give rise to further guidance or legislation in the future.

Finally, in considering your concerns, we should differentiate between what school officials may do from what school officials must do.  Although Legal Mailbag is not aware of any right that a parent would have to force school officials to refrain from assigning homework that involves use of technology, it is certainly appropriate for a parent to engage teachers and others in conversation about parental wishes and possible accommodation.  Teachers and administrators are often receptive to requests for accommodation based on parent requests as long as such accommodations can reasonably be made.