The Home School Court Report
Vol. XXIII
No. 6
Cover
November/December
2007

In This Issue

SPECIALFEATURES
REGULARCOLUMNS
ANDTHEREST

Legal / Legislative Updates Previous Page Next Page
- disclaimer -
Across the States
AL · AK · AR· AZ · CA · DC · FL · GA · HI · IL · IN · IA · KS · MA · MD · MI · MO · MS · ND · NY · OH · PA · TN · TX · UT · VA · VT · WV

UTAH

Forms and Freedom

Beehive State homeschoolers are blessed with fairly simple homeschool requirements. Nevertheless, Home School Legal Defense Association recently had to assist some of our members in a situation involving school officials who were misapplying state laws.

Tooele County, yet again, has failed to comply with Utah laws regarding notification. This year, HSLDA Staff Attorney Michael Donnelly has resumed attempts to retool Tooele’s homeschool affidavit, which asked for information not required by law. HSLDA recommends that our members use the notification form available on our website in the Utah member resources section. This form is designed to enable our members to comply with the minimum standards of the law. HSLDA will continue to defend our members from unlawful governmental interference related to state notification requirements.

We have encouraging news on another front. In 2006, Senator Chris Buttars sponsored Senate Bill 111, the Religious Freedom Restoration Act. The bill was pulled for further work by the sponsor, but we expect the legislation to be reintroduced for the 2008 legislative session. When passed, the law will establish that state courts, and federal courts applying state law, will have to apply the “compelling interest” test in cases where an individual’s religious freedom is burdened. This test is the most stringent test available for protecting citizens against burdens on religious freedom by the state. This legislation is important for homeschoolers since many families homeschool for religious reasons—such a law will assist them in securing their right to homeschool according to conscience.

Please support Senator Buttars’ Religious Freedom Restoration Act when it comes before the Utah legislature.

As 2007 draws to a close and we look ahead to a new year, we want to thank you for your support of HSLDA and for your commitment to homeschool. We look forward to continuing to work with you to protect homeschooling freedom in Utah in 2008.

— by Michael P. Donnelly