SOUTH CAROLINA

SCAIHS Family Dodges Bullet

A home schooling family in Kershaw County facing truancy charges in Family Court has avoided prosecution by joining the South Carolina Association of Independent Home Schools (SCAIHS). Prior to joining SCAIHS, Richard and Alicia Watkins had their children enrolled in Christian Liberty Academy Satellite Schools (CLASS). Although CLASS is an educational option employed by many home schoolers across the nation, enrollment in its correspondence courses does not comply with the home schooling statutes of South Carolina. Parents who wish to conduct home schooling for their children in South Carolina must either obtain the approval of their local school district or join SCAIHS.

In late November 1995, Mr. and Mrs. Watkins were contacted by the attendance officer of the Kershaw County School District who notified them that they were not in compliance with state law. When Mr. and Mrs. Watkins did not respond to a later inquiry by the local public school officials to confirm their compliance, they were served with a notice to appear in Family Court on December 15, 1995, to defend truancy charges.

According to the Petition filed against Mr. and Mrs. Watkins, the school district was seeking to have them fined $50 or imprisoned not more than 30 days for each day that their three children were not in attendance at the local public school.

Mr. and Mrs. Watkins contacted Home School Legal Defense Association attorney Dewitt Black, who, in turn, faxed documentation to the public school officials and the prosecuting attorney's office as evidence of the family's compliance with state law. Additionally, a SCAIHS representative immediately contacted the public school attendance supervisor by telephone to confirm Mr. and Mrs. Watkins' membership in good standing. Subsequent conversations with the local superintendent and attendance officer resulted in Attorney Black securing their agreement to consent to the prosecuting attorney's dismissal of the truancy charges the day before the case was scheduled for trial.

There were a couple of significant aspects to this case. First, although the home schooling family began to comply with state law in November, the school district could have proceeded against the family for truancy based upon noncompliance from the beginning of the school year until the time they joined SCAIHS. Instead, the public school officials and prosecuting attorney agreed to accept present and future compliance with state law as fulfillment of the state's interest.