MASSACHUSETTS
Department of Education to Revise Home School Memo
Rhoda Schneider, General Counsel of the Massachusetts Department of Education, is preparing to revise the department's Memorandum on Home Education Programs.The original memorandum was drafted in 1987, following the Massachusetts Supreme Judicial Court decision in Care and Protection of Charles, 504 N.E.2d 592 (Mass. 1987). At that time, the department advised school committees that most judges will "uphold their educational judgments," so long as they are "reasonable" and are made "in good faith."
This advice was based on the assumption that home school cases would primarily turn on whether or not the home school program was approved. Seven years of litigation experience have made it clear that the real question in court is whether the home school program is equivalent. This concept fundamentally shapes the legal relationship between school districts and home schools. School districts need more informed advice than that contained in the 1987 memo, so this revision is clearly needed.
School districts think they can pass any policy they want to. Unfortunately for them it is easier to enact a policy than to enforce it. Not every policy is enforceable. Home school policies which accurately identify families who are failing to educate are the only ones that are enforceable, because only those families can be successfully prosecuted. Therefore, any requirement in a policy which is not essential is also not enforceable, because the family cannot be convicted. Home School Legal Defense Association will keep members posted as the department of education reviews its position on home schooling.
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