From the HSLDA E-lert Service:


3/6/2003 5:36:50 PM
Home School Legal Defense Association
Vermont--Supreme Court to Hear Oral Arguments in HSLDA Case

From the HSLDA E-lert Service...

March 6, 2003

Dear HSLDA Members and Friends,

Home School Legal Defense Association General Counsel, Michael
Farris, will be defending Vermont homeschoolers from over-regulation
by the Department of Education (VDE) before the Supreme Court of
Vermont in the In re S.M. appeal. Oral arguments are scheduled for
10:00 AM on March 13, 2003, at the Vermont Law School in South
Royalton, Vermont.

The issue in this appeal is whether the State of Vermont may require
more information on its forms than the Vermont homeschooling statute
requires. The statute requires the submission of "independent
professional evidence on whether the child is handicapped."

Instead of allowing the parents to merely certify through a
professional of their choice that their child is not handicapped, the
State has insisted that parents must also submit information on the
professional's method of screening and recommendations for further
screening. This effectively converts a "notice" statute into one
giving the VDE approval authority based on its own interpretation of
the "independent professional evidence."

HSLDA is calling on the Vermont Supreme Court to stop the
bureaucratic creep toward more invasive regulation of homeschooling
through the use of broadly worded state forms. The Legislature
entrusted the evaluation of children for potential handicaps to
Vermont professionals. It did not intend to allow VDE bureaucrats to
substitute their judgment for those of teachers and doctors chosen by
the parents.

This case has been specially selected by the Supreme Court to be
presented at its annual oral arguments at Vermont Law School, in
Royalton, Vermont. The briefs in this case will be printed and
distributed to all the law students at Vermont Law School. The oral
arguments will be open to the public. We encourage you to attend and
to bring other homeschoolers with you.

We solicit your prayers as Mike Farris prepares to present our

Very truly yours,

Jim Mason
HSLDA Litigation Counsel

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Home School Legal Defense Association
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Purcellville, Virginia 20134
Phone: (540) 338-5600
Fax: (540) 338-2733

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