TEXAS
Commissioner of Education Confirms HSLDA Position on Texas Law
In a letter dated October 4, sent to all the school district administrators in Texas, Dr. Mike Moses, Commissioner of Education for the state of Texas, confirmed Home School Legal Defense Association's longstanding position on how the Leeper decision affected Texas home schooling law. Dr. Moses said, "… a written statement of assurance provided by the parents to the school district meets the requirements of Leeper v. Arlington ISD and verifies compliance with compulsory attendance laws." This letter is soon to be followed by suggested policy from the Texas Association of School Boards (TASB) which reflects Dr. Moses' comments.
The new policy should come as a relief to Texas home schoolers. The former TASB policy, issued on August 26, 1994, says that home schoolers must provide the school district with a list of materials used in their home education program. The 1994 policy further says that the school could review this list of materials to ensure that they meet all "legal requirements."
Consequently, a number of school districts, including Cleburne, Garland, Conroe, Point Isabel, Mansfield, and Spring Independent School Districts, attempted to require home schoolers to bring in their curricula for review. However, letters from concerned home school parents, the Texas Home School Coalition President Tim Lambert, and HSLDA attorney Scott Somerville, kept these bad policies from being enforced.
HSLDA reminds its Texas members that they are not required by law to notify the school district when beginning a home school program. And they are certainly not required to submit curriculum for review. However, if families are contacted by a school or school district, a brief letter of assurance is most likely appropriate. If members have any questions about Texas home school law, or if they are being told to submit their curriculum to the district, they should notify HSLDA.
Texas "Just Says No" to Home School Foster Care
Homosexual activists over the past few years have made great gains in demanding the right to provide foster care for children. Apparently, Texas feels more comfortable with homosexuals than with home schoolers. In a memo dated March 21, 1995, deputy director Pat K. Devin of the office of Protective Services for Families and Children sent a memo to all regional directors of protective services, banning home schoolers from foster care.
Until the CPS handbook revision can be issued with respect to home schooling that will be added to CPSH 6532, Educational Services, the following policy clarification is in effect:
Management Policy, Home schooling will not be permitted for school age children whom the PSFC has placed in substitute care. Note: This policy on "home schooling" does not apply to "home bound" programs set up and administered by a school district for children who need to stay home due to a physical impairment. Such services are usually temporary in nature. Questions can be directed to Larry Burgess in State Office at (512) 706-5320.
HSLDA attorney Scott Somerville has written a strong letter to Deputy Director Devin, and has encouraged local home schoolers to challenge this policy.
Most Texas families have become aware of home schooling, and many believe that home schooling is as good as-or even better than-their public schools. Only a handful of home school opponents believe that a "just say no" policy is best. HSLDA urges home schoolers and their friends to call Larry Burgess, the department contact, to state their opposition to this policy. His telephone number is (512) 706-5320. HSLDA believes that children in foster care should be eligible for home schooling, with the consent of the natural parents. We respect parental rights, even if the Department of Protective and Regulatory Services does not.
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