Across the States
St. Joseph Piles on the Paperwork
Missouri’s homeschool law takes the sensible approach that paperwork is of little value to anyone, so families can start homeschooling without filing anything. But if you live in St. Joseph, watch out.
In March 2008, Shari Egarta told her four children’s elementary school teachers that she would be homeschooling her children the following year. In May, she followed up with a letter to the principal. On the last day of school, when a school counselor requested that Mrs. Egarta fill out a certain form in order to homeschool, Mrs. Egarta patiently explained that she had already given the school notice. The counselor continued to insist that Mrs. Egarta submit the additional form, but Mrs. Egarta maintained that Missouri’s law says nothing about mandatory forms.
“The laws have changed,” replied the counselor.
Giving the counselor the benefit of the doubt, Mrs. Egarta brought the form home to read. It was called the “Homeschool Notification Form” and indicated near the bottom that it would be sent to the prosecuting attorney’s office. Mrs. Egarta double-checked the law, confirming that it had not changed and that no such form was required.
She explained this to a school official,
who became very hostile and threatened to
report Mrs. Egarta if she failed to sign the forms. Mrs. Egarta remained firm, even when the official said, “You just can’t do that, and you are not going to get away with it!”
Although Mrs. Egarta did not know it at the time, the school kept her children on its rolls, so when the school year started that fall, the school began marking unexcused absences for all four children on its official records.
In a letter dated September 5, a special investigator from the office of the prosecuting attorney asked the Egartas to come to his office. “[A]s with other cases regarding homeschooling,” he said, “I will be asking you to bring the appropriate documentation required by law to show that you are within the guidelines for homeschooling.” Mrs. Egarta declined, knowing she was under no obligation to meet with the investigator and that there was no such thing as the “appropriate documentation” he was demanding.
On September 23, the special investigator filed a court statement saying the Egarta
children “have been absent every day from Noyes School where these children are enrolled… . ” Three days later, the prosecuting attorney’s office filed a misdemeanor information against Mr. and Mrs. Egarta.
Facing a court summons and criminal charges, this member family contacted Home School Legal Defense Association. HSLDA Staff Attorney Scott Woodruff immediately called the assistant prosecuting attorney assigned to the case and the attorney for the school system.
After numerous rounds of correspondence with Woodruff, the assistant prosecuting attorney seemed to comprehend that something had gone awry and sensibly dismissed the prosecution. The school system’s attorney, however, did not acknowledge that the school system had erred or suggest any concrete steps to prevent such errors in the future.
Woodruff followed up with a letter cautioning the school system’s attorneys that if the school system ever again refuses to disenroll a child after being told the child will be homeschooled, or places an unlawful demand upon a family as a prior condition to disenrollment, legal action against the school system will be considered.
If you live in St. Joseph and are withdrawing a child from public school, HSLDA recommends that you communicate with the school by certified mail, return receipt requested, and follow up to make sure the school has removed your child from the rolls. If it has not, please contact HSLDA so we can look into the matter.
— by Scott A. Woodruff
