KANSAS
Prosecutors Develop "Reasonable Doubts" About "Competence"
In Kansas, families educating their children at home may qualify as private schools so long as they register these schools with the Kansas Department of Education, use "competent" teachers, and provide substantially the same number of hours as the public schools in their districts. Registration is a simple and painless process (although some families do have sincere religious objections to registration), and the number of hours is simple to determine. However, determining "competency" is a nightmare every time the issue arises.
For example, one family in northeast Kansas was recently summoned into court by the district attorney. Home School Legal Defense Association attorney Scott Somerville called the prosecutor to ask him to dismiss the charges. The prosecutor agreed with Attorney Somerville that the only issue in question was whether the home school teacher was "competent" or not. Attorney Somerville asked the prosecutor to define "competence." The prosecutor frankly admitted that he had no idea what "competence" was or was not. Attorney Somerville reminded the prosecutor that he would be required to provide "beyond a reasonable doubt" that the teacher was not "competent" if the matter went to court. "Do you mean to tell me," Attorney Somerville asked, "that you can prove beyond a reasonable doubt that this lady is not competent when you don't even know what competence is?" All parties were relieved when, several days later, the prosecutor dismissed charges against the family.
Kansas law is a constitutional nightmare. Families are routinely charged with a criminal act of truancy when the prosecutor doesn't even know how to define the crime. Our Supreme Court calls such laws "void for vagueness." Families in "good" districts in Kansas don't mind a vague law, but families in "bad" districts live in fear of the arbitrary power of the prosecutor—or worse, the Social and Rehabilitative Services worker. HSLDA encourages families to contact their legislators and build positive relationships now. Someday—possibly soon—we will need to clean up this constitutional.
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