Home School Heartbeat Radio Program

Since home schooling is legal in all fifty states, what legal issues remain? Michael Farris talks about one case on today's edition of Home School Heartbeat.

Michael Farris:


This week we've been discussing a current HSLDA case, in which a home schooling mother of three was petitioned by her own sister to appear in court because the sister deemed the home schooling ineffective. By submitting this petition to the court, the sister effectively filed suit against the home schooling family, potentially giving the State jurisdiction to direct the education of the children.


HSLDA is currently seeking to have this case dismissed because the sister failed to satisfy a technicality in filing. She did not realize her petition would bring the mother into court, and she's now co-operating to have the suit dismissed.


However, this law remains on the books. And HSLDA has found similar laws in 34 states. When the government brings charges, the prosecuting attorney exercises prosecutorial discretion and pursues only serious violations. Georgia's statute, however, allows a private citizen to take on the duties of the prosecutor, because once the petition is filed it must be heard in court.


Private citizens do not have a compelling interest in the education of other people's children. Since this home schooling family was in compliance with the state law, they should not have come under the jurisdiction of the state based on the opinion of one individual. HSLDA will challenge the constitutionality of this and other statutes in court. I'm Mike Farris.