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Date:
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5/12/2011 3:27:08 PM
Home School Legal Defense Association
New York--Local School Official Wrongly Threatens Legal Action!

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From the HSLDA E-lert Service...
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New York--Local School Official Wrongly Threatens Legal Action!

Dear HSLDA Members and Friends,

Over the past few days, several homeschool families in the Kingston
City School District have reported receiving a home visit from a male
school official. While the man didn't provide his name, he identified
himself as a district employee, working with both Bailey Middle School
and Miller Middle School. We believe we have identified him based on
his physical description.

The district official informed these families that they must report to
the Bailey Middle School for end-of-the-year testing, or legal action
would be taken against the family. When questioned, the individual
reported to be working under the authority of Bailey Principal Julie
Linton.

As a reminder, an annual evaluation is required under the homeschool
regulations for any student in grades 1-12. While standardized tests
could be used every year, New York law only requires parents to have
their children tested every other year in grades 4-8 and every year
for high school. In any of the years testing is not done, the
alternative written narrative evaluation can be used.

While parents can participate in testing at their local public school,
local school officials cannot mandate that you come in for testing.
Under the law, the parent has the authority to determine where testing
will take place. Generally, HSLDA recommends against participating in
any of the New York state tests or Regents exams. These tests are
designed to evaluate a child's knowledge of state core standards, and
unless your child is following New York state curriculum, he will be
at a disadvantage.

After learning of these visits by a public school official, we
immediately contacted the Bailey Middle School. The principal has
assured us this was not done with her knowledge and that she would
immediately put a stop to the intimidation and wrong information being
provided by this individual.

Should you receive a visit from this person, please contact us so we
may take further action. Also, feel free to inform him that the Home
School Legal Defense Association is aware of his actions, and has been
in touch with Ms. Linton regarding this situation.

If you have any other concerns or questions regarding this, or any
other aspect of New York homeschool law, please do not hesitate to
contact us.

Please forward this message to others who may not receive our e-lerts.
This email has been sent to anyone within 15 miles of Kingston. If you
would like to be put on our email list to receive vital e-lerts you
may sign up at http://www.hslda.org/elink.asp?id=7919 .

Sincerely,

Thomas J. (Tj) Schmidt
Staff Attorney

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