Home School Court Report
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January / February 2005

State Legislation Summary—2004
2004 art contest

Our Judges

Winners of the three categories
PHC beats Oxford in debate
GenJ: Into the land

What are Generation Joshua & HSLDA PAC?

Sodrel: One very tight race . . .

Davis: In a dead heat

From the heart

2004 in review

From the director

Impact of the fund

Mission statement of HSF
Across the states
Active cases
Members only
About campus
President's page


On the other hand: a Contrario Sensu

HSLDA social services contact policy/A plethora of forms

HSLDA legal inquiries

Prayer & Praise




AL · CA · CO · FL · GA · IA · KY · MI · MS · MO · NV · NJ · NM · NY · ND · OH · OK · OR · PA · RI · TX · UT · VT · VA · WA · WI


District respects licensed teacher option

A Home School Legal Defense Association member family in Eagle County received a surprising request. The local school district asked them to fill out a notice of intent to homeschool, even though the mother had already indicated that she would be instructing her children under the licensed teacher option.

In Colorado, homeschools may operate under the home-based educational program option (pursuant to Colorado Revised Statutes § 22-33-104.5) or under the licensed teacher option (if one parent holds a valid teacher's certification). The requirements of the home-based educational program option, including that of filing a notice of intent, do not apply to homeschooling by a licensed teacher.

Because our member was certified to teach in Colorado, she was not required to comply with the school district's request for a notice of intent. When she contacted HSLDA, Senior Counsel Christopher Klicka wrote to the Eagle County School District and explained the licensed teacher option. The family received no more unlawful requests from the school district.

Families may choose district

After an HSLDA member family moved to Douglas County, they planned to continue filing their annual notice of intent with the homeschool-friendly officials in the Lewis-Palmer School District, where they had previously lived. Their notice of intent was returned, however, with a note saying that it must be filed with the district in which the family resided.

The family contacted HSLDA for advice, and Senior Counsel Christopher Klicka sent a letter to Lewis-Palmer on the family's behalf. Klicka explained that Colorado law merely requires the notice of intent to be filed with a school district in the state. The wording of the statute makes it clear that the notification does not have to be filed with the school district where the family resides.

Any member families encountering similar problems should contact HSLDA for assistance.

— by Christopher J. Klicka