Across the States
Legal threat evaporates
Like many children with frequent illnesses, Kristen Brinner* often missed school. South Bend Public School, however, seemed very understanding in regard to these absences-until Kristen’s mom decided to homeschool her.
Mrs. Brinner sent the school a courteous letter explaining that as of April 1, 2005, Kristen would be educated in a home-based private school. A week later, Mrs. Brinner received a letter from the school stating that she was being reported for truancy.
The caseworker investigating the report threatened Mrs. Brinner with legal action. In an effort to avoid legal trouble, Mrs. Brinner cooperated fully-she had frequent meetings with the caseworker and showed her Kristen’s schoolwork and books. The following summer, Mrs. Brinner took another step towards protecting her right to homeschool by joining Home School Legal Defense Association.
When the new school year began in August 2005, Mrs. Brinner met with the caseworker again, who agreed that Kristen was doing fine.
Thereafter, the caseworker had no contact with Kristen’s mom until May 2006, when the caseworker wrote to Mrs. Brinner, chastening her for not coming to monitoring meetings more often (although no meetings had been scheduled) and demanding to meet with her. Mrs. Brinner attended the meeting as requested, but when the caseworker proceeded to threaten legal action, Mrs. Brinner asked HSLDA for help.
HSLDA Attorney Scott Woodruff consulted with Mrs. Brinner, reviewed the facts carefully, and determined that this harassment had gone on long enough. He wrote a letter to the caseworker, firmly explaining there were no grounds for any legal action against the family. He asserted that there was no need for the caseworker to have any further contact with the family and requested that she send all future correspondence to him rather than to Mrs. Brinner.
We have heard nothing from the caseworker since. Her silence is a vindication for this dedicated mother.
— by Scott A. Woodruff
* Names changed to protect family’s privacy.
