Home School Court Report
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VOLUME XVI, NUMBER 6
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NOVEMBER / DECEMBER 2000
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Cover Story
Erasing the Barriers for Children with Special Learning Needs

Special Features

An Interview with the Forstroms

An Interview with Betty Statnick: HSLDA’s Special Needs Coordinator

National Center Reports

Will the 2000 Elections Impact Home School Freedom?

106th Congress Wrap-Up

Across the States

State by State

Regular Features

Active Cases

Prayer and Praise

Notes to Members

Presidents Page

F. Y. I.

Association News

An Affirmative Plan: Debate Tournament

H  O  M  E     S  C  H  O  O  L  I  N  G     N  E  W  S     F  R  O  M
Across the States
AL · CA · CO · DC · DE · FL · GA · HI · IL · IN · KS · MA · MD · MI · MN · MO · MS · MT · NC · NH · NV · NY · OH · SD · TN · TX · VT · WV · WY

Legal Contacts September/October 2000

Alabama


Truancy Contacts4
Social Services1
Legislation0
Special Education4
Home School Law40

TOTAL49

February thru September

369
Alabama

State Law Creates Flexibility for Parents

With perhaps the only law like it in the nation, Alabama permits parents or guardians to delegate to another person any power regarding health, support, education, or maintenance of a minor child or ward. The delegation of powers may not exceed a period of one year and is accomplished by signing a power of attorney in accordance with Alabama law. Designated as Code of Alabama § 26-2A-7 and originally enacted in 1987, this provision of the law enables parents and guardians to transfer authority for exercising educational choices without having to obtain a court order.

Many times Home School Legal Defense Association receives applications from individuals across the nation relying upon a parent’s notarized statement or power of attorney as the authority to teach the parent’s child in a home school. However, unless their state’s law contains a provision like Alabama’s, these efforts by parents are legally invalid. Instead, these parents must obtain a court order changing custody or appointing another person as guardian. Because so much of HSLDA’s representation of families in court is based upon the right of parents to direct the education of their children, parents delegating this authority must follow the proper legal procedure before they are eligible for HSLDA membership. —Dewitt T. Black