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The Pustell case
Volume 55, Program 25
10/15/2004
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Many state education officials desire to monitor home educators in their own homes. Massachusetts had a policy which did just that—until HSLDA intervened. On today's Home School Heartbeat, Mike Smith concludes his discussion of the significant legal cases that have shaped homeschooling.

    Mike Smith:
    Today, no education bureaucracy is able to make home visits in order to check up on homeschool families. It may have turned out differently, because as early as 1991, Massachusetts had a policy of home visitation for homeschoolers.

    The Pustells, a Massachusetts homeschool family, refused to allow state officials into their home. HSLDA defended the Pustells on the basis that the Fourth Amendment protects people from warrantless intrusions into their home.

    A series of Massachusetts courts ruled against the Pustells, but the Pustells persisted. Eventually, the case made its way to the Massachusetts Supreme Court, which overturned the previous rulings by a 7-0 decision. Home visits were ruled unconstitutional.

    Pursuing justice through the courts is a burden for the homeschool families involved. HSLDA has been able to advance the cause of homeschool freedom because individual families have been willing to fight for their rights.

    The benefits are evident. Homeschooling is thriving, but we must remain vigilant because threats to homeschool freedom can appear at any time. HSLDA thanks all our members who have demonstrated their support by joining HSLDA. You've made it possible for unconstitutional laws to be successfully defeated, which has benefited all homeschoolers. And until next time, I'm Mike Smith.

To find out more about the legal history of homeschooling in America, visit our website at homeschoolheartbeat.com. Or call toll-free, 1-866-338-8614.


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The Legal History of Homeschooling in the United States

by
Home School Legal Defense Association

Find your place in history with HSLDA’s free information sheet. It highlights significant cases and legislation in the revival of American homeschooling.

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