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LEGAL/LEGISLATIVE UPDATES
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ACROSS THE STATES
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Daytime curfews
For many years, Home School Legal Defense Association has been assisting citizens in fighting proposed daytime curfew ordinances in their communities. HSLDA takes the position that the freedoms and rights of law-abiding citizens should not be infringed upon simply because a few people abuse the law. There are sufficient laws already on the books to enforce compulsory attendance and prosecute truants, without taking this heavy-handed approach toward all citizens.
Daytime curfews have a particularly restrictive effect on homeschoolers, who operate as private schools in the state of California, because the private "home" school student is not bound by the hour and day attendance requirements of public school students.
Under daytime curfew restrictions, a legitimately home-educated student may not be able to travel outside his private school to attend classes at a community college or reach a job site, without being stopped and detained by police. In fact, a 13-year-old homeschooled boy was recently cited by a San Diego police officer for violating a curfew during Christmas break. HSLDA was able to intervene and the charges were dismissed. (Read the full story in Active Cases on page 22.)
Families who live under such a curfew will find that taking a few simple precautions can help avoid unnecessary misunderstandings with curfew enforcers. For example, minors accompanied by a parent are not typically stopped, even when out during normal public school hours. Many daytime curfew ordinances allow for some exceptions. Students who must travel during school hours should obtain a copy of their local ordinance to ensure that they are in compliance with one of those exceptions.
If your student is cited for violation of a daytime curfew, please contact HSLDA's legal department immediately. Also, if your community is proposing a daytime curfew, our legal department can assist your efforts in mounting an opposition to such an ordinance.
— by J. Michael Smith
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