Home School Court Report
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No. 5

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Back-to-Back Truancy Charges Dismissed

Shannon Foster (name changed to protect privacy), a Home School Legal Defense Association member and homeschooling mom who established an exempt school with the Nebraska Department of Education, was surprised to receive a summons to appear in court based on truancy charges. The petition alleged that she was failing to actively assist her daughter in attending school and therefore her child was at risk of harm. HSLDA Staff Attorney Michael Donnelly contacted the county prosecutor and explained that Ms. Foster was in compliance with Nebraska law because she had established an exempt school. The charges were then dismissed.

However, to Ms. Foster’s astonishment, a month later she received a second summons—this one regarding her son’s education. Donnelly once again contacted the prosecuting attorney and the charges were dismissed.

Whether as a result of inefficient bureaucracy or otherwise, receiving a summons to appear in criminal court is no small matter and adds a burden of worry and stress to a homeschooling parent's responsibilities. HSLDA is dedicated to helping our member families through the process of protecting their right to homeschool from unwarranted interference by government officials.

— by Michael P. Donnelly