The Home School Court Report
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Houston-Area Cases Resolved, Postponed

Texas Class Action Suit Proceeds

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HSLDA Membership Statistics - June 21, 1985

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C O V E R   S T O R Y

Texas Class Action Suit Proceeds

Preperations continue for the August 12th trial in the home school class action suit in Ft. Worth, Texas.

Shelby Sharpe, attorney for the home schoolers, said that the district court certified the class of plaintiffs and the class of defendants at a hearing in May. Sharpe said this means that the dcision will bind all school districts in Texas, as well as all home school families there, too.

The class action suit is asking the state court to declare that home schooling is legal under present Texas law, because home schools can be classified as “private schools” under the current statute. In the alternative, the suit asks the court to declare the law unconstitutionally void for vagueness. The court would then prohibit school districts from prosecuting home schoolers under the law, because no one can tell if home schooling is legal or not under the current Texas law.

The Home School Legal Defense Association remains a plaintiff in the case, but has been excluded from the class of home school families. Sharpe explained that HSLDA is still legally in the suit, but the judge did not include them as part of the class, because HSLDA has many members who do not home school in Texas.

The trial should last approximately one week, Sharpe said.