Texas
Forms Used in District Inquiries
In the landmark decision of Leeper v. Arlington ISD—the case recognizing home schools as private schools in Texas—the Texas Supreme Court ruled that independent school districts in Texas may inquire of home schooling families about their compliance with the compulsory attendance law. According to an October 4, 1995, memorandum from Commissioner of Education Mike Moses, parents may respond to such inquiries by providing a written statement of assurance that the home school is in compliance with state law. According to Commissioner Moses, the written statement of assurance may simply be a letter stating that, “a curriculum consisting of books, workbooks, or other written materials designed to meet the basic educational goals of reading, spelling, grammar, math, and a course in good citizenship is being pursued in a bona fide manner.” Only if the district has reasonable cause or some evidence to believe that the assurance given is not true, should the district investigate further.
Many school districts have developed their own procedures and forms for inquiring about the status of home school students. The most recent method of inquiry brought to the attention of Home School Legal Defense Association is an Exemption Questionnaire being utilized by the Galena Park Independent School District. According to the instructions on the form, parents failing to complete this document and return it to the public school officials will have their children considered truant and subject to prosecution. The questionnaire form not only requests the name of the student in the home school, but also each student’s birth date. There is nothing in the Leeper decision requiring parents to furnish their children’s birth dates to public school officials who inquire about their compliance with the compulsory attendance law.
HSLDA resolved this threatening contact by explaining to the Galena Park ISD that the use of any particular form in giving the written assurance described in the Leeper case was not required.
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Texas, Our Texas
by
William J. Marsh & Gladys Yoakum Wright
“. . . Texas, our Texas! your freeborn single star, sends out its radiance to nations near and far . . .”
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