| From the HSLDA E-lert Service: |
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| Date: From: Subject: | 10/14/2004 4:30:08 PM Home School Legal Defense Association Florida--Homeschoolers Subject to Harassment by Blanket Portfolio Reviews |
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====================================================================== From the HSLDA E-lert Service... ====================================================================== October 14, 2004 Florida--Homeschoolers Subject to Harassment by Blanket 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. On October 4, the Lee County School District sent a letter to homeschoolers requiring them to bring their portfolios for the 2003-2004 school year to the Student Welfare and Attendance office to be "evaluated." An appointed time has been set to meet with each homeschool family. The reason given for the inspection was "due to the number of families enrolled in the program." It was never the intent of the Florida legislature that portfolio reviews be conducted simply because of the number of people homeschooling in a county! This is simply an abuse of the law and intent of the legislature. The law is being 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. If you do not want to have your portfolio inspected, contact our office immediately and we will write a letter to the school district on your behalf. If enough families stand together, we can make a difference and stop this random practice. Furthermore, 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. 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 member families in Florida who object, on parental rights to the random demand for a portfolio review. Please let us know if you find yourself in this situation. We are ready to assist. Sincerely, Christopher J. Klicka HSLDA Senior Counsel ---------------------------------------------------------------------- -> Who's knocking on your door? When a social service worker arrives at your door, tension can run high. Wouldn't it be nice to get your lawyer on the phone, providing you with immediate step-by-step guidance? More reasons to join HSLDA... http://www.hslda.org/elink.asp?id=1099 ---------------------------------------------------------------------- ====================================================================== The HSLDA E-lert Service is a service of: Home School Legal Defense Association P.O. 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