The Home School Court Report
No. 2

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Grade Level Challenged

In late 2009, a Home School Legal Defense Association member family on Honolulu, the Stocktons (name changed to protect privacy), received a letter from a local school official refusing to recognize their daughter’s 6th grade status and instead listing her in a lower, more “age appropriate” grade level.

At Mr. and Mrs. Stocktons’ request for help, HSLDA Staff Attorney Thomas Schmidt wrote a letter to the school, pointing out that as required under § 8-12-13 of the Hawaii Administrative Rules, the Stocktons had provided the grade level of their daughter in their notice of intent. Additionally, as required under § 8-12-15, the Stocktons are utilizing a curriculum that takes into account the interests, needs, and abilities of their child.

Finally, Schmidt reminded the school that the girl had taken a 5th-grade test at the end of the last school year and had scored in the 99th percentile. Accordingly, Mr. and Mrs. Stockton had placed their daughter in 6th grade this year. Schmidt firmly concluded that the Stockton family was not required to get the approval of the school to place their daughter in the 6th grade.

— by Thomas J. Schmidt