The Home School Court Report
VOLUME XVI, NUMBER 3
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MAY / JUNE 2000
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Cover Story
A Tribute to Home School Moms

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Changing of the Guard

Legal Contacts for March/April 2000

National Center Reports

CAP Training and Lobby Day

Elementary and Secondary Education Act

Marriage Tax Penalty Relief

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Louisiana

Anti-Truancy Programs Trample Rights

Many urban communities across the country are searching for ways to enable law enforcement officers and truant officers to deal more effectively and immediately with habitual truants. The most common tactic is a daytime curfew; however, other types of anti-truancy programs have been launched as well.

The tragic irony of these solutions is that, in order to prevent a few truants from breaking the law, government officials are trampling on the constitutional rights of many law abiding citizens. While home schoolers are not the target of these programs, they often get “caught in the cross-fire.”

The most recent example is Beauregard Parish where anti-truancy efforts have been launched under the Families in Need of Services program (FINS). Several agencies involved in this program include the sheriff’s office, city police, alcohol and drug abuse agency, mental health, clergy, office of youth development, and school district personnel.

It is entirely possible that as a result of this truancy effort, anyone who “appears” to be a minor and who is unaccompanied by an adult will be stopped and questioned by a law enforcement officer. Home School Legal Defense Association recommends that if your student is out during school hours, he should carry written permission from his parents.

In addition, HSLDA members have reported that truant officers were making home visits to home school families, despite the fact that the school district had received these families’ notifications and their paperwork was in order. In the event of a home visit, HSLDA advises our members that they can always confirm that they have legally registered either under the home-study option or the private school option. If this does not satisfy the inquirer, contact our office immediately before you do anything else. — J. Michael Smith