The Home School Court Report
Vol. XXIV
No. 5
Cover
September/October
2008

In This Issue

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GEORGIA

Hauled off in Handcuffs

Case: Georgia v. Wilson Family
Filed: May 14, 2008

by Nicholas Bolzman

Last March, the Wilson family (named changed to protect privacy) moved from Tennessee to Georgia. After arriving in Georgia, they filed their notice of intent to homeschool with their local school board and began to submit their monthly reports as required by law. That same month, the family decided to move yet again, this time to a neighboring county in Georgia. While he was still looking into this move, Mr. Wilson was informed by a truant officer in the new county that it was too late to file a notice of intent to homeschool. Based on this information, when the Wilsons did eventually move in mid-April, they continued to report to the previous school district. At this point, they had only 10 of the 190 school days required by Georgia law left to complete.

Not satisfied, the truant officer reported them to Child Protective Services, which conducted an investigation and determined that there was no evidence of neglect. Despite this, and after the last 10 days were completed, the truant officer went to a local judge and had a warrant sworn out for Mr. Wilson’s arrest for failure to comply with compulsory attendance laws. Fifteen days later, the police arrived at the Wilsons’ residence and hauled Mr. Wilson away in handcuffs.

Only then did the Wilsons contact HSLDA (they were not members at the time). We are currently undertaking the process of getting the charges dismissed. As a reminder to all our members, the sooner you contact us when you have legal problems, the easier it will be for everyone involved.

MINNESOTA

Confusion across State Lines

Case: In re: Ben Vernor
Filed: October 25, 2007

by Nicholas Bolzman

After high levels of mold were found in her Minnesota home, Mrs. Vernor and her children began staying in a nearby hotel while the children still attended public school. Although repairs were made, the mold persisted. After almost two months of waiting and multiple attempts to move back into their home, Mrs. Vernor relocated to her sister’s house in Wyoming and began homeschooling. During this entire time, she was also battling her children’s health problems resulting from exposure to high levels of mold.

While the Vernors were en route to Wyoming, the Minnesota school filed truancy charges against Mrs. Vernor, based on the rationale that there had been no request for transcripts from the Wyoming schools.

At this point, Mrs. Vernor asked Home School Legal Defense Association for help. The staff attorneys reviewed her case and—along with a local attorney—were able to prove that Mrs. Vernor was homeschooling legally in Wyoming. As a result, Minnesota dismissed the charges against her. Now the Vernor family no longer needs to worry about legal proceedings in addition to health problems and relocation stress.

Pending Cases

AL B Family v. Social Security Administration

AL D Family v. Social Security Administration

AZ Loudermilk Family v. Administration for Children, Youth and Families

CA M Family v. County of San Bernardino

FL M Family v. L

IA W Family v. Dept. of Veteran Affairs

KS T Family v. Social Security Administration

ME F v. B. Family

MS C Family v. Department of Veterans Affairs

NJ Division of Youth and Family Services v. L Family

TN C Family v. Dept. of Children’s Services

VA S Family v. U.S. Office of Personnel Management

WA H Family v. Social Security Administration

WY In re: K.M.

Pennsylvania RFPA Cases

Combs v. Homer-Center School District
Hankin v. Bristol Township School District
Nelson v. Titusville Area School District
Newborn v. Franklin Regional School District
Penn-Trafford School District v. B Family
Prevish v. Norwin School District
Weber v. Dubois Area School District


About the author

Nicholas Bolzman is a litigation assistant at HSLDA.