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The Home School Court Report
VOLUME XIII, NUMBER 4
- disclaimer -
JULY / AUGUST 1997
Cover
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Curfew Battle in Monrovia

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UTAH

Superintendent Prepared to Crack Down

Superintendent Scott Bean, of the Utah State Office of Education, sent a chilling letter to local school district superintendents this spring. This document poses the following questions: Is the parent's task simply to provide notice, or to submit a petition? Is the school's task simply to accept parental assertions or to conduct some level of inquiry? Unfortunately, his answers to these questions spell serious trouble for Utah homeschoolers.

The state superintendent interprets the law to require local districts to grant permission to teach a child at home. He views the notice of intent submitted by the parents as a petition for permission to home school. Instead of respecting the parent's right to direct the education and upbringing of a child, local school superintendents are urged to conduct some level of inquiry to ensure that parents are in compliance with whatever standard the district has set for homeschooling.

We predict that this September will be the most difficult month Utah homeschoolers have seen in years. Homeschoolers should brace themselves for a whole new wave of forms, questionnaires, and other intrusive school district actions. We strongly encourage families to work with their local support groups and the state organization to "Just say no!" to these changes.

One good option for families is to join an umbrella school. Utah Code § 53A-11-101 recognizes regularly established private schools as a means of satisfying the compulsory attendance laws. The department of education has promulgated regulations which clarify what "regularly established" means, and these regulations are quite easy for homeschoolers to satisfy. Although at least one court has held that enrollment in such a private school does not satisfy the compulsory attendance laws, we strongly believe that this remains a good option for Utah families. Our experience in a number of other states—such as Florida, Tennessee, Colorado, Maine, and others—has proven that groups of families may successfully exercise their right to educate their own children without government approval or regulation. For more information on umbrella schools in Utah, please contact HSLDA.

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