From the HSLDA E-lert Service:


8/27/2004 5:09:29 PM
Home School Legal Defense Association
Virginia--Franklin County Public Schools Retreats from Unlawful Demands

From the HSLDA E-lert Service...

August 27, 2004

Virginia--Franklin County Public Schools Retreats from Unlawful

Dear HSLDA Franklin County members and friends:

Many homeschoolers recently received a letter from Franklin County
Public Schools containing unlawful demands and implied threats.

1. The letter says you are conditionally approved to homeschool until
September 10 "pending receipt of the Home Instructed Student
Achievement Measure" (a county form attached to the letter).

First, superintendents have no power whatsoever to "approve" a
homeschool program, so it is preposterous for the county to tell you
that you are conditionally approved.

Second, to the extent the letter threatens homeschoolers with adverse
action after September 10, it is blatantly unlawful.

Finally, homeschoolers are not obligated to state in advance (on a
form or otherwise) the evaluation option they intend to use at the end
of the year. We advise our members to disregard the county's form,
and we intend to hold county officials responsible if they violate our
members' rights.

2. The letter says that you must submit "evidence of educational
achievement on a standardized test" by August 1, 2005. This is only
partially correct. You also have the option of submitting any
evaluation or assessment which shows adequate growth and progress (the
superintendent must use reasonable judgment on this issue).

3. The letter says you must turn in your notice of intent by
August 1. This is incorrect; the correct date is August 15.

In our discussions with county officials today, they acknowledged the
letter's many errors. They assured us they would send out a letter of


Scott A. Woodruff, Esq.
HSLDA Staff Attorney

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Fax: (540) 338-2733

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