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| Date: From: Subject: | 1/17/2003 4:42:11 PM Home School Legal Defense Association Texas--More Truancy Cases Filed Against Homeschoolers |
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---------------------------------------------------------------------- From the HSLDA E-lert Service... ---------------------------------------------------------------------- January 17, 2003 Dear HSLDA Members and Friends, As the Texas legislative session is beginning, we are reviewing several bills that we believe will impact homeschool freedoms. CHILD WELFARE REFORM Our primary focus for positive legislation this year is child welfare reform. Every week, homeschoolers in Texas are harassed by the Child Protective Services simply because of a malicious anonymous tipster. We hope our amendments will help increase the due process protections for parents faced these unwanted investigations. HSLDA is continuing to work with key legislators to hammer out legislation that would protect innocent families from unwanted intrusions by social workers. We are excited about the possibility of the passage of this bill and will be notifying you of the final details in the near future. RECENT TEXAS TRUANCY CASES In the last 4 months, we have seen an increase in truancy cases filed on HSLDA member families. Below are the summaries of these cases. Please be in prayer for each of these families and for HSLDA's Tom Sanders as he represents them in court. Texas v. Anderson In the small town of Onalaska, Texas, two hours north of Houston, the Anderson family had withdrawn their child from the public school to homeschool. Their second grade son had been repeatedly beaten up while attending the public school. In October, 2002, they were surprised by a summons to appear in court for truancy. Even though the family was within their legal right to homeschool, they were taken to court. HSLDA attorney Tom Sanders first attempted to get the case dismissed, but was rebuffed by the prosecutor. A new court date was set, and Tom Sanders asked for a full jury trial. On January 8, 2003 one day before the case was to be heard before the judge, the judge called Tom Sanders and indicated that he was dismissing all the charges against the Anderson family. The Anderson family now can breathe a sigh of relief and continue their homeschooling. Texas v. Frazen In October 2002, the Frazen family of Austin decided to homeschool their daughter after she was beaten up at school. They were successfully homeschooling, using an accredited high school program when they received a summons to court for "parent contributing to truancy" and the daughter's "failure to attend school." At the initial hearing an attempt to negotiate case closure was unsuccessful. The justice of the peace said he would not enter a judgment but referred Mrs. Frazen to the prosecutor. Although Tom Sanders has tried to convince the Austin prosecutor's office to drop the charges, the prosecutor will not listen to reason and is intent on moving the Frazen family's case to trial in February. Texas v. Leonard In Houston, the Leonard family notified the school district that they were going to homeschool but school officials slapped truancy charges on the 12-year-old daughter and her mother. At the initial hearing, the prosecutor indicated that he does not want to drop the case but intended to pursue it. After further negotiations with the prosecutor and establishing the legality of the family's home school, HSLDA expects the case to be dismissed by the end of January. Texas v. Simmons In Rosharon, Texas, the Simmons (name changed to protect family's privacy) family had already graduated one homeschool student. They decided to homeschool their teenage son, and withdrew him from the public school after he got into some trouble with the law. This homeschool teen was stopped by the police and put in juvenile detention for two weeks over the Christmas holiday with the only stated reason being truancy. The judge would not release the child even though the school district was notified of his homeschooling. The justice of the peace has now ordered the father to produce an accredited curriculum by January 24. Tom Sanders is representing this homeschool family and has filed a writ of habeas corpus. Watch for the next week's "Texas Weekly Update" to read about important bills which HSLDA will be dealing with in the state legislature. Thank you for standing with us for family and freedom in Texas. Sincerely, Christopher J. Klicka HSLDA Senior Counsel {{JoinAd}} ---------------------------------------------------------------------- The HSLDA E-lert Service is a service of: Home School Legal Defense Association P.O. 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