The Home School Court Report
VOLUME X, NUMBER 6
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WINTER 1994/1995
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Cover Story
Lightning Litigation: A Bronx Family's Rights Protected

Features
National Conference Report (Phoenix, AZ)

Homeschooling in the Media '94

Homeschooling Mom Wins Election

Congressional Action Program

Homeschoolers Score High on Standardized Tests

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MASSACHUSETTS

Eight Years Later, Canton Tries Again

Eight years ago, Superintendent Peter CAPernaros of the Canton Public Schools filed a care and protection petition against a little boy named Charles, who was being home schooled. Homeschoolers battled CAPernaros all the way to the Massachusetts Supreme Judicial Court, which ultimately upheld home schooling with some restrictions.

Last year, the same superintendent went after another home schoolingfamily. In this case, the parents had repeatedly sought special education for their little boy, Mikie, who has several severe needs. Both Mikie's parents and his doctor strongly believed he needed a special day program. The Canton schools insisted that he must go to the public school classroom, and bitterly fought the family's efforts to get him into a special program. When the family tried to educate Mikie at home, Canton fought just as hard to stop that.

Canton filed child neglect allegations against the family, but the social workers refused to require Mikie to go back to school. Canton then filed a truancy petition against the little boy, alleging that he "persistently and willfully fails to attend school." HSLDA Attorney Scott Somerville appeared in court to move to dismiss these charges. The judge agreed to hear the motion, but decided to wait until the family's special needs appeal could be decided. Late in October, the special needs officer ruled against Canton and for the family. Although Canton may continue to appeal that decision, little Mikie is no longer in legal danger.

Home Visits Affect Another Family

Home schoolingparents Michael and Jenny Brunelle have been criminally charged with failing to cause their children to attend school. This family lives in the Lynn Public School District, which has become infamous for insisting on home visits. While the Brunelle's five children are in school, home school, the parents have stood on their Fourth Amendment rights and refused to permit home visits by the local public school principal to evaluate their methods and inspect their home. Because the family does not consent to home visits, the Lynn School Committee denied their approval of the family's home instruction program. A trial is anticipated in early 1995.