| From the HSLDA E-lert Service: |
< BACK TO ARCHIVE |
| Date: From: Subject: | 8/27/2004 2:54:05 PM Home School Legal Defense Association Florida--Homeschoolers Object to Misuse of Portfolio Reviews |
|
====================================================================== From the HSLDA E-lert Service... ====================================================================== August 27, 2004 Florida--Homeschoolers Object to Misuse of Portfolio Reviews Dear HSLDA members and friends: For many years, the Florida homeschool law has allowed school districts to inspect the portfolios of homeschoolers with only fifteen days written notice. Unfortunately, too many school districts have misapplied this law by randomly harassing innocent homeschool families. We believe that homeschoolers, who have convictions against showing their portfolio to the school district, have a means to object. First of all, homeschoolers who have religious reasons for homeschooling could evoke the Florida Religious Freedom Act (Florida Statutes Section 761.01 et seq) that HSLDA helped pass a few years ago. This act provides religious homeschoolers with a legal means to say "no" to the portfolio review; if the portfolio review is offensive to the religious beliefs of the homeschooler. By evoking the Religious Freedom Act the homeschooler can force the state to prove that the fulfillment of a portfolio review "furthers a compelling state interest" and is the "least restrictive means" of fulfilling its interest that children be educated. In Pennsylvania we are using that state's Religious Freedom Act to successfully fight against a very cumbersome and regulatory homeschool law that has substantially burdened families for years. Secondly, it was never the intent of the legislature that portfolio reviews be used as a tool for harassment. We believe that portfolio reviews should only be used if there is evidence that a family is not in compliance with the law. It should not be a common practice performed on a random basis. For example, in Miami-Dade County, a letter was sent out earlier this summer telling all families in the county that this was their fifteen-day written notice. They were then told that a representative of Miami-Dade County Public Schools, who happened to be a school social worker, may contact them to review their educational portfolio any time after that. We have received some reports from families that did not have a pleasant experience when the social worker came to their door demanding to review the portfolio. Other counties, such as Gulf County, are also performing random portfolio reviews of innocent families. Thirdly, homeschoolers who object to a portfolio review can evoke the Fourteenth Amendment, which guarantees the right of parental liberty. The U.S. Supreme Court has interpreted this liberty to include the fundamental right "of parents to direct the education and upbringing of their children." A demand by the school district to review portfolio records could be found to violate these parental rights. Therefore, HSLDA is willing to help any families in Florida who object, on parental rights and/or religious grounds, to the random demand for a portfolio review. Please contact HSLDA as soon as possible if you have a conviction that leads you to reject participation in portfolio reviews. We will write a letter to the school district explaining that the portfolio reviews violate your Fourteenth Amendment parental rights, the legislature's intent, and your rights under the Florida Religious Freedom Act. It is also time for Florida homeschoolers to think about expanding their freedom by changing the law. Florida is one of the few states that give school officials the right to review portfolio records. Other states, by law, only allow the portfolio to be reviewed "if the superintendent has probable cause that the family is not in compliance." Adding this clause to the Florida statute would prohibit 99.9% of portfolio reviews, saving families' time and preventing reviews from being used as an instrument of harassment. Please let us know if you find yourself in this situation. We are ready to assist. Sincerely, Christopher J. Klicka HSLDA Senior Counsel ---------------------------------------------------------------------- -> For as little as 27 cents a day... There's not much you can get for 27 cents a day. Why not put your money toward peace of mind for yourself and your family? More reasons to join HSLDA... http://www.hslda.org/elink.asp?id=1110 ---------------------------------------------------------------------- ====================================================================== The HSLDA E-lert Service is a service of: Home School Legal Defense Association P.O. Box 3000 Purcellville, Virginia 20134 Phone: (540) 338-5600 Fax: (540) 338-2733 Email: info@hslda.org Web: http://www.hslda.org ---------------------------------------------------------------------- How To Subscribe: - Subscribe to the HSLDA E-lert Service at our website: https://secure.hslda.org/hslda/elert/account.asp?Process=Subscribe - Or send an email with name and complete mailing address to: subscribe@hslda.org ---------------------------------------------------------------------- Subscription Information: - You subscribed to the HSLDA E-lert Service as: {{Email}} - To unsubscribe from the HSLDA E-lert Service send an email from the email address you want to unsubscribe to: unsubscribe@hslda.org - To change your email address or make other changes to your subscription, visit the HSLDA E-lert Service account web page at: https://secure.hslda.org/hslda/elert/account.asp ---------------------------------------------------------------------- POSTMASTERS: This message is being sent to the most recent address we have for our subscribers. If this is an invalid email address or you have other problems, please reply to webmaster@hslda.org. ---------------------------------------------------------------------- DISCLAIMER: This is considered a private and confidential message from HSLDA to its bonafide HSLDA E-lert Service subscribers. HSLDA cannot attest to the authenticity of copies posted, forwarded, or sent by any party other than HSLDA. ---------------------------------------------------------------------- NOTE: Please do not reply or otherwise use this email address; hslda@hslda.org is for broadcast purposes only and is not intended to receive incoming messages. We cannot reply to any email sent to this address. If you have comments or questions, please send email to info@hslda.org or call HSLDA at 540-338-5600. HSLDA members can also email staff directly through the Members website at http://members.hslda.org/contact.asp. Thank you for your cooperation. ====================================================================== | |
