TEXAS
Home Schoolers Continue to Face Harassment
Although the Leeper decision was unanimously decided by the Supreme Court of Texas in favor of home education, home schoolers continue to be abused by various school officials. The Texas Supreme Court lifted the permanent injunction against school districts prosecuting home schoolers in their Leeper opinion, saying that there is "no showing that school officials will refuse to abide by our decision in this case." Ever since the injunction was lifted, some school districts have been more eager to threaten prosecution.
Katy
The Katy Independent School District recently sent a newsletter to all residents within the district, indicating that home schoolers were required by law to register with the school district and to provide a description of their curriculum. Home School Legal Defense Association attorney Christopher Klicka wrote to the Katy school district, pointing out that home schoolers were not required to register with the local attendance officer or submit any curriculum for the school district's approval. Klicka reminded the Katy officials of the days when they were one of the most aggressive school districts against home schooling, and he also reminded them of their defeat in the Leeper decision. Klicka asked for a correction to be issued immediately.
Subsequently, the Katy Independent School District issued a news release stating,
Because of the change in the Texas Education Code it is no longer necessary for students who are home schooled or are enrolled in private schools to register with the attendance officer of the local school district, as reported in the November issue of On Review.
Furthermore, the school district wrote to HSLDA thanking them for their letter and stating:
We are sorry for the misinformation that was published in the article … We hope that this [news release] is satisfactory, and regret any problems this may have generated. We have been very willing to guide those who have inquired about home schooling to the proper sources and do not wish to infringe on their rights to educate their children in whatever manner they choose.
HSLDA is thankful for the response of the Katy school district.
Aransas County
The school district's "At-Risk Coordinator" contacted the local home school support group and asked for the names of all the home schoolers in the area. The coordinator explained that this would prevent the children from being considered "drop-outs" by the public school. HSLDA contacted the Aransas official on behalf of the support group, informing the official that home schoolers did not have to register and that the support group would not turn over their membership group.
Dripping Springs
Dripping Springs Independent School District adopted a policy that required home schoolers to provide their proposed curriculum, testing program, test schedule, and a schedule of daily instructional activities. Of course, under the Leeper decision and the Texas compulsory attendance law, none of these items are required. HSLDA informed the school district of their error and recommended a policy that would reflect the law.
Fort Bend
In the Fort Bend ISD in Missouri City, and HSLDA member was told that they were required by law to fill out a form and that the school district had the authority to approve or disapprove home school curriculum.
Alpine County
The school district told an HSLDA family that if they did not submit their curriculum for the local principal's approval, he would take them to court. HSLDA intervened on behalf on the family, and the school district backed down.
Bedford
The local school district was methodically trying to collect the names and grades of all home schoolers in their district. HSLDA contacted the school district officials and pointed out that they had no authority under the law to monitor home schoolers in this manner.
Shepherd
The school district contacted an HSLDA family and told them that the superintendent wanted to review curriculum, and the family had to sign a home school form. When the family said they did not believe they had to sign anything, the school official told them that charges would be filed against them if they refused.
Arlington
When two CPS workers showed up on an HSLDA family's doorstep, the family immediately contacted HSLDA and spoke with Attorney Christopher Klicka. At first the social workers alleged educational neglect, based on an anonymous tip, and they wanted to interview the four children immediately. Attorney Klicka told the social workers they could go, saying that he would write them a letter. At this point, the social workers changed their story and said that the children were not well-fed and clothed. Attorney Klicka had the mother allow the children to stand by the door and greet the social workers to prove that the children were fine. However, the social workers still wanted to enter the home, observe the home school, and speak with the children. The CPS workers were finally convinced to leave, and Christopher Klicka followed up with an overnight letter indicating that the family was legally home schooling. The situation was resolved.
All of these conflicts and many more across the state have been successfully resolved by HSLDA legal staff.
The Spencer Case
The Spencer family, HSLDA members, recently withdrew their children from public school and submitted a letter to the school district indicating that they were in compliance with the Leeper decision. Nevertheless, a hostile school official turned them over to the Justice of the Peace, and the family was summoned to court. Attorney Christopher Klicka contacted the school district and convinced them to drop the charges against the family in light of the fact that they were legally home schooling.
Local City Ordinances Involving Curfews
Many cities across Texas have enacted daytime curfews in order to combat truancy and the rising crime rate among youth who are not attending school. Unfortunately, many home schoolers have been caught in this dragnet. HSLDA legal staff have worked with several home school families to add exemptions from the curfew for home-schooled children who are out on errands. Some cities have adopted language for the ordinances which would exempt any children who are accompanied by parents, or who have a letter from their parents granting permission to be away from their home school. HSLDA will continue to monitor this situation so that home schoolers are not unnecessarily picked up by the truant officers and local police officers who assist in cracking down on drop-outs.
No Pending Home School Legislation
We recently reported on the possibility of legislation being introduced into the Texas legislature to codify the Texas Supreme Court's Leeper decision. A proposal was drafted by HSLDA and considered at length by the Texas Home School Coalition and other home school organizations in the state. The consensus was that home schoolers in Texas would rely solely on the precedence in Leeper and not pursue legislation at this time. The protections provided by the Leeper decision give HSLDA and home schoolers much leverage to fend off offending truant officers and school officials. As a result, no legislation is expected this year.
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