H.J.Res. 38: Proposing an amendment to the Constitution of the United States relating to parental rights.

This joint resolution proposes a constitutional amendment stating that

• the liberty of parents to direct the upbringing, education, and care of their children is a fundamental right;
• the parental right to direct education includes the right to choose, as an alternative to public education, private, religious, or home schools, and the right to make reasonable choices within public schools for one's child;
• neither the United States nor any state shall infringe upon these rights without demonstrating that its governmental interest as applied to the person is of the highest order and not otherwise served; and
• the parental rights guaranteed by this amendment shall not be denied or abridged on account of disability.

Written by the Congressional Research Service, Library of Congress.