| From the HSLDA E-lert Service: |
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| Date: From: Subject: | 1/23/2006 12:06:27 PM Home School Legal Defense Association South Dakota--Unconstitutional Plan to Restrict Homeschool Freedom |
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====================================================================== From the HSLDA E-lert Service... ====================================================================== Dear HSLDA members and friends: Last Thursday, Senate Bill 110 was filed. This bill would give school officials a powerful new tool to force children to stay in public school systems that are failing them. If a school official merely files a truancy petition, the family's right to homeschool disappears--without a trial, and without an opportunity to defend themselves. They can homeschool only with the permission of the judge, and he can deny permission for any reason at all. Homeschooling instantly changes from a God-given right to a privilege that hangs on the mood of a judge. By forcing an unhappy child to stay in the system that is failing them, S.B. 110 heartlessly maximizes the likelihood of punishment but minimizes the opportunity for a student to get a second chance. Children with bad attendance records may be the children who need homeschooling the most. Action Requested: 1. If you are represented by any of the legislators listed below please call them immediately and ask them to withdraw their support for this bill. Your message can be based on the points in the "Background" section, or as simple as: "Please withdraw your support for S.B. 110. It is unconstitutional because it allows a judge to take away a parent's right to homeschool before a fair trial." 2. Inform other homeschool families of the danger of this bill since one of the bill's sponsors may be trying persuade homeschool families to support this bill. Senators: Sen. Dave Knudsen Home: 605-338-9431 Business: 605-357-1222 Fax: 605-335-3639 Sen. John Koskan Home: 605-452-3448 Business: 605-452-3422 Sen. Garry Moore Home: 605-665-2301 Capitol: 605-224-5951 Business: 605-665-3294 Fax: 605-665-3398 Sen. Dan Sutton Home: 605-997-3328 Business: 605-997-3777 Representatives: Joni M. Cutler Home: 605-371-1120 Capitol: 605-224-6877 Business: 605-323-6548 Fax: 605-361-5954 Thomas Deadrick Home: 605-337-3999 Capitol: 605-773-3851 Business: 605-337-3021 Fax: 605-337-3811 Margaret V. Gillespie Home: 605-987-3672 Business: 605-934-2140 Fax: 605-934-2551 Pat Haley Home: 605-352-4969 Capitol: 605-224-5951 Business: 605-352-5875 Fax: 605-352-8171 Dale Hargens Home: 605-853-2142 Capitol: 605-870-1459 Business: 605-853-2142 Fax: 605-853-0273 Thomas Hennies Home: 605-348-0372 Ed McLaughlin Home: 605-343-8713 Capitol: 605-224-0411 Business: 605-343-8713 Fax: 605-348-6708 Gordon Pederson Home: 605-279-2610 Capitol: 605-224-0411 Fax: 605-279-2610 Tim Rounds Home: 605-224-6588 Capitol: 605-224-6588 Business: 605-224-8799 Fax: 605-224-8795 Hal G. Wick Home: 605-332-1360 Fax: 605-332-4365 Mark Willadsen Home: 605-361-6104 Capitol: 605-224-4200 Business: 605-332-2130 Fax: 605-332-0459 Use our legislative toolbox at http://capwiz.com/hslda/home/ to determine if one of these is your senator or representative. Background: 1. The U.S. Constitution prohibits a person from being punished before a fair trial. A person who has been accused of a crime is presumed innocent. It is unconstitutional to take away someone's freedom while they are still presumed innocent. 2. After a fair trial, if a person is actually found guilty of failing to send his child to school, the judge under current law has all the power he needs to make sure the person obeys the law in the future. The judge can impose significant fines and imprisonment. No new law is necessary. 3. S.B. 110 does not treat all families accused of truancy equally. If two accused parents decide to take their children out of a public school that is failing their children and put them in another educational setting, the parent who wants to put his child in a private school has an unfettered right. The parent who wants to provide alternative instruction does not. The judge is not allowed to substitute his own opinion for the parent's in the first case, but he would be in the second case. Therefore, S.B. 110 is discriminatory. 4. When a child misses many school days, there is always a reason. It may be prolonged illness, threats by bullies, intimidation, humiliation by a teacher, ostracism by fellow students, unmet needs, or chronic feelings of failure or helplessness. These children may feel they are being forced into an education that simply does not fit them. With homeschooling, the education can be tailor-made to fit the child perfectly. It is heartless to give a judge power to prevent a student from homeschooling when the parents know it is his very best hope for a successful education. 5. It is bad policy to focus on truancy, which is a symptom, rather than on the underlying causes. Truancy is only a problem when a child hates the kind of education he's receiving. In contrast, truancy is essentially non-existent among homeschool and private school students. 6. If schools are given the power to prevent a child from starting a homeschool program, it is easy to envision this power being abused. School districts fearful of losing funds through shrinking enrollment might be quick to use this new power to prevent more students from leaving. New powers are often used in unexpected ways. 7. Some families decide to homeschool after conflicts with school administrators who often help parents conclude that the public system is not best for their child. These conflicts sometimes bring threats of truancy charges. All these families might lose their right to homeschool under S.B. 110. Thank you for standing with us for freedom. Sincerely, Scott A. Woodruff HSLDA Staff Attorney ---------------------------------------------------------------------- -> There may be no such thing as a free lunch... ...but there is a way to get a free membership! Through our Three-for-Free program, you can get a free one-year renewal for simply referring three of your homeschooling friends into membership with HSLDA. More reasons to join HSLDA... http://www.hslda.org/elink.asp?id=2078 ---------------------------------------------------------------------- ====================================================================== The HSLDA E-lert Service is a service of: Home School Legal Defense Association P.O. 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Thank you for your cooperation. ====================================================================== | |
