The Home School Court Report
No. 4

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Standing Firm

In early fall 2009, an overly aggressive attendance officer in Fayette County insisted that homeschooling families submit voluminous amounts of information regarding their curriculum before she would “recognize” their homeschool plan as being in compliance with the law. Of course, under state law, homeschoolers in the county, all of whom follow the “notice” option under West Virginia Code § 18-8-1(c)(2), weren’t asking this public school official to “recognize” or approve their curriculum.

That October, Home School Legal Defense Association Staff Attorney Michael Donnelly met with a roomful of Fayette County homeschoolers to explain their rights under West Virginia’s homeschool law. Donnelly subsequently wrote to the county superintendent, explaining the homeschool law and requesting that the attendance officer’s behavior be addressed. Shortly afterward, a homeschooler who had been threatened with truancy was contacted by the attendance director and told that she did not need to submit any further information. Any HSLDA members still experiencing difficulties in Fayette County should contact us for assistance.

— by Michael P. Donnelly