Legal / Legislative Updates

HAWAII

Officials Challenge Homeschool Progress

Mr. and Mrs. Patton (name changed to protect privacy) homeschooled their son in the first grade for the 2007–2008 school year. However, due to some family needs, they decided to try sending their son to Manana Elementary School for the following school year.

Based on his birth date, public school officials placed the Pattons’ son in the 3rd grade, disregarding the Pattons’ wish to place him in 2nd grade. Several weeks later, as they had been concerned would happen, their son found he was unable keep up with his class after skipping a grade. Mr. and Mrs. Patton decided to homeschool him for the rest of the 2008–2009 school year. A few months later, public school officials sent a letter demanding a meeting with Mr. and Mrs. Patton in order to evaluate their son’s progress in their homeschool program. The school also objected to the son’s grade placement.

As members of Home School Legal Defense Association, Mr. and Mrs. Patton contacted HSLDA’s staff attorney for Hawaii, Thomas Schmidt. In a letter to Manana Elementary, Schmidt explained that the Pattons had both the right and the responsibility to determine the appropriate level of instruction for their son. When Mr. and Mrs. Patton determined that their son should be homeschooled at the 2nd grade level, the school officials didn't have any authority to object.

Since that letter, Mr. and Mrs. Patton have had no further contact from the school.

— by Thomas J. Schmidt