From the HSLDA E-lert Service:


11/16/2010 4:23:25 PM
Home School Legal Defense Association
Wisconsin--Department of Public Instruction Persists in Unauthorized Demands

From the HSLDA E-lert Service...

Wisconsin--Department of Public
Instruction Persists in Unauthorized Demands

Dear HSLDA Members:

The Department of Public Instruction (DPI) continues to demand
information to which it is not entitled.

A number of homeschool families submitted timely, complete annual
statement of enrollment (DPI-1206) forms this fall, but received a
letter back from the DPI saying their form did not include all
required information. The families had, in fact, submitted all
information the applicable state statute requires, but had refused to
submit information about student gender, individual student grade
levels, and "name of school of residence." This information is not
required under law.

The DPI even hinted that the children could be labeled truant if their
parents did not submit the unauthorized information.

HSLDA Senior Counsel Scott Woodruff responded and sent a letter to the
DPI superintendent explaining that the families already submitted all
required information. Woodruff also explained that while filing the
form is required, it is not a condition of satisfying the compulsory
school attendance law.

The statutes are clear that a child's attendance in a program
satisfies compulsory attendance if the program: (1) provides private
or religious instruction as its primary purpose; (2) is privately
controlled; (3) provides 875 hours of instruction; and (4) instructs
in the required subjects in a "sequential progressive curriculum."

All schools--public, private and homeschools--are required to file the
annual statement of enrollment under Wisconsin statute 115.30(3). If
a public or private school fails to submit a completed form, would all
the students in that school suddenly become truant? No. Nor do
homeschool students become truant if a family neglects to file the
form, or files it not fully completed.

Families should be diligent to file the statement of enrollment on
time, and include all information required under law. But the DPI's
implied threat of truancy action for those who don't submit the
unauthorized information is misplaced.

Scott Woodruff
HSLDA Senior Counsel

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