The Home School Court Report
Vol. XXIII
No. 1
Cover
January/February
2007

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NEW MEXICO

Homeschooling father: “I thought I would go to jail!”

After spending a year attending public school while living with his grandmother in New Mexico, Justin Burns returned to his family in Texas. In preparation for the 2006-2007 school year, Justin’s father researched various educational options, finally deciding that homeschooling would be best for his son.

All went well until a month into the school year. Mr. Burns had requested Justin’s school records from the public school he had attended in New Mexico. Not only did the school send the records, but it also sent notice that Justin was considered truant and demanded that he be placed in public school immediately!

The Burnses called the New Mexico school and explained that Justin had moved to Texas; the New Mexico school no longer had jurisdiction over him.

Undeterred, an official from the school continued to harass the Burns family, making threatening phone calls that led Mr. Burns to believe he would be taken to jail.

Finally, the school official demanded that Justin’s "new school" request Justin’s records from the New Mexico school that same day-“or else!” Fearing what action the New Mexico school would take, Mr. Burns called Home School Legal Defense Association and asked for help.

Senior Counsel Christopher Klicka immediately called the New Mexico school official on behalf of our member family. During the phone conversation with Klicka, the official nervously backed down from her threats. She reasoned that the call from Klicka was sufficient evidence that Justin was being educated.

HSLDA then called the Burns family to let them know that the situation was resolved. Mr. Burns was amazed that everything had been taken care of so quickly, and relieved that he would not be arrested that night! "You guys are incredible!" he told us.

HSLDA commends families like the Burnses, who stand for freedom even in the face of school officials’ intimidation tactics.

— by Christopher J. Klicka