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10/6/2005 2:40:34 PM
Home School Legal Defense Association
Defending a Family's Right to Privacy at the Eighth Circuit Court of Appeals

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From the HSLDA E-lert Service...
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Missouri--Defending a Family's Right to Privacy at the Eighth Circuit
Court of Appeals


Dear HSLDA members and friends:


On Monday, October 10, 2005, James R. Mason, III, Litigation Counsel
for Home School Legal Defense Association, will be defending a
homeschooling family's right to family privacy at the Eighth Circuit
Court of Appeals in Kansas City, Missouri.

As reported in the January/February 2005 Court Report (
http://www.hslda.org/courtreport/v21n1/v21n110.asp ), HSLDA has been
defending the Fitzgerald family's right to privacy for almost three
years. The Fitzgeralds had withdrawn their son, Sean*, from public
school after years of disagreement with the school over the provision
of special education services. When they started homeschooling Sean,
they had his special needs privately evaluated, and they decided to
obtain private special education services for him.

The school district, however, demanded that the parents permit a
public school evaluation for special needs, even though it admitted
that it could not force the family to accept any actual services from
the public school. The case is now before the Eighth Circuit Court of
Appeals, where HSLDA is arguing that the school district and the trial
court have misinterpreted the federal special education law by
ordering them to submit to a public-school evaluation for services
they don't want and cannot be forced to accept. No evaluation has
occurred yet.

Please pray that God will protect the family's right to privately
homeschool their son. Oral argument will be held at the Charles Evans
Whittaker Courthouse at 400 E. Ninth Street, Kansas City, Missouri, at
9:00 a.m. if you would like to attend.


Sincerely,

James R. Mason, III
HSLDA Litigation Attorney

*name changed to protect privacy


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-> Extreme makeovers are for extreme circumstances...

Most homeschools don't need an extreme makeover, but there is
something to be said for attention to detail and recognition of
accomplishments. Watch the media and you'll soon see that not
everyone wants home educators and homeschooling to look good.
HSLDA works hard to shed light on the good work of home educators
so it's obvious that we don't need someone "making-over" our
homeschools. Join HSLDA and help us show the world that we're fine
as we are . . . thank you!

More reasons to join HSLDA...
http://www.hslda.org/elink.asp?id=1943

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