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| Date: From: Subject: | 7/29/2004 3:57:46 PM Home School Legal Defense Association Pennsylvania--Mike Farris Defends Family's Religious Freedom in Westmoreland County |
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====================================================================== From the HSLDA E-lert Service... ====================================================================== July 29, 2004 Pennsylvania--Mike Farris Defends Family's Religious Freedom in Westmoreland County Dear HSLDA members and friends: Home School Legal Defense Association Chairman and General Counsel Mike Farris begins oral arguments in Westmoreland County Court of Common Pleas tomorrow in defense of the Newborn family. "This case is vital if homeschool freedom is to be protected in Pennsylvania," said Farris. The Newborns are a family of seven who have been homeschooling for 11 years due to their sincere religious conviction that they, not the state, are responsible before God for their children's education. http://www.hslda.org/elink.asp?ID=1715 Pennsylvania's homeschool law is one of the most restrictive in the nation. Homeschool families must provide detailed curriculum, submit to regular testing and have the homeschool program reviewed annually by certified teachers. In addition, because of vague terms in the statute, school officials are given absolute discretion to determine whether students have made adequate progress. Therefore, financially-interested parties are making a judgment on a parent's exercise of a fundamental right, a violation of due process. The Newborns believe the civil government lacks jurisdiction to approve or administratively supervise the education they provide to their children. They believe that it would be sinful for them to engage in conduct or expression that would cede their parental jurisdiction and authority to the civil government. The Pennsylvania home education law does precisely that. Pennsylvania's home education law creates a substantial burden on the Newborns' fundamental right to homeschool. Failure to follow all the rules opens parents to criminal prosecution for truancy. Because they are refusing to comply with the home education law due to their sincere religious convictions, the Newborns are facing this possibility. Tomorrow in oral arguments, Farris will argue that the Newborns have a genuine claim under Pennsylvania's newly enacted Religious Freedom Protection Act and that the case should be heard. This Act guarantees that Pennsylvanians will not be unduly burdened by the state because of their religious beliefs. "Religious homeschoolers are over-burdened in Pennsylvania. We plan to change this," said Farris. Please pray for the success of this case, which has the potential to protect religious homeschoolers throughout the entire Commonwealth. Sincerely, James R. Mason Litigation Counsel Home School Legal Defense Association ---------------------------------------------------------------------- -> You can get a little latte or a lotta legal. 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