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Educational neglect investigation

In a recent letter, Brooklyn Child Protective Services informed the Galloways,^* a Home School Legal Defense Association member family in New York City, that they were being investigated for educational neglect because they taught their child at home. Social services had received a report that the Galloways had not submitted the required paperwork and that their child had not taken the English language arts (ELA) and math tests for 4th grade.

The Galloways immediately contacted HSLDA Attorney Thomas Schmidt for help. Schmidt informed the caseworker and his supervisor that under the Commissioner's Regulations, a homeschool student is not required to take the state ELA and math tests for 4th grade. Under the regulations, the Galloways did not need to test their child until 5th grade, at which time they could use any standardized achievement test.

Schmidt also contacted the public school system's regional homeschool liaison to ensure a correct understanding of the regulations concerning the annual assessment for home instruction programs.

During the course of the investigation, the caseworker demanded to come into the Galloways' home and speak with their child. However, the family refused on the basis that they were in compliance with the law and were not required to allow social services into their home. After Schmidt sent a letter explaining the Galloways' constitutional rights and HSLDA's willingness to defend the family in court if necessary, the social worker closed the case.

- by Thomas J. Schmidt

* Name changed to protect family's privacy.