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Rapid results from DSS

In September 2002, the Massachusetts Department of Social Services (DSS) investigated Diane Heath's^* unapproved homeschool and "supported" an allegation of child neglect. Ms. Heath requested a fair hearing and began to wait.

Thirty-one months later, on April 5, 2005, Home School Legal Defense Association Attorney Scott Somerville flew to Massachusetts to attend the hearing. Somerville explained the constitutional dimensions of home education in Massachusetts, arguing that DSS would have to prove that the education in the home was less thorough or efficient or made less progress than in the local public school to be deemed "educational neglect." The department of social services, by contrast, argued that even one day of unapproved home education constitutes "neglect." The hearing officer took the case under advisement and announced that results would be forthcoming within 45 days.

It did not take 45 days to get results, however. To the credit of DSS, the area director intervened to reverse the initial educational neglect determination. Though it may have taken 31 months to get the fair hearing, it only took 48 hours to get the right result. We applaud DSS for correcting the determination voluntarily.

Sadly, too many Massachusetts parents have experienced the anguish of a wrongful determination of child neglect or abuse, and too many families have waited for years to have that determination reviewed. While this family has reason to rejoice, each Massachusetts homeschooling family still has work to do to ensure justice for all. We encourage all Massachusetts homeschoolers to join HSLDA and work together to achieve equally good outcomes for every innocent homeschool family.

— by Scott W. Somerville