Home School Court Report
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VOLUME XXI, NUMBER 1
- disclaimer -
January / February 2005


FEATURES
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

DEPARTMENTS
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

ET AL.

On the other hand: a Contrario Sensu

HSLDA social services contact policy/A plethora of forms

HSLDA legal inquiries

Prayer & Praise


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  LEGAL/LEGISLATIVE UPDATES  

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ACROSS THE STATES

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

TEXAS

Truancy complaint in Boerne

At the beginning of this school year, a local school superintendent in Boerne County contacted a Home School Legal Defense Association member family concerning a report that the family's four children were not attending a valid school program. In the letter, the superintendent asked the parents for proof that their children were enrolled in a private or public school program.

The family informed the superintendent that they were operating a private school program, and then they asked HSLDA for advice. Senior Counsel Christopher Klicka wrote to the superintendent, stating that the family was not required to annually notify the school district of their intent to homeschool, complete any school district forms, or provide "proof" of their curriculum. In fact, he pointed out, the school district bears the legal burden of proving the family is not in compliance with the law.

The Boerne Independent School District promptly replied to both HSLDA and our member family, stating that HSLDA's testimony on the parents' behalf was reliable and trustworthy and that, absent any future information to the contrary, the school district would consider its duty complete. In closing, the district wished the family the best in their endeavor to homeschool.

Mean dog and caged kids in San Antonio

A member family telephoned HSLDA for help when they received an unexpected visit from the Texas Department of Family Protective Services.* HSLDA Senior Counsel Christopher Klicka told the San Antonio family to pass the handset to the social worker.

The social worker told Klicka that an anonymous tipster had expressed concerns about the family's homeschool program, suggesting that the family was "locking their kids in a cage" and complaining that they had a "mean dog."

Klicka explained to the social worker that the wild allegations were completely false. The family's St. Bernard was quite friendly; they did not lock their children in any cages, either. He promised to follow up with a letter demonstrating the legality of the family's homeschool program.

In spite of the demonstrably false allegations, the social worker insisted that she had to enter the home and interview all the children. HSLDA refused, but offered to provide alternative evidence of the family's innocence instead, thus resolving the situation in the family's favor and protecting their rights.

— by Christopher J. Klicka

* See "HSLDA social services contact policy".