From the HSLDA E-lert Service:


7/26/2011 3:57:42 PM
Home School Legal Defense Association
Alabama -- Mobile Daytime Curfew Meeting Tonight

From the HSLDA E-lert Service...

Alabama -- Mobile Daytime Curfew Meeting Tonight

Dear HSLDA Members and Friends in Mobile:

We were informed this morning that the Mobile City Council will
consider the proposed juvenile curfew ordinance at its meeting tonight
at 6:30 p.m. Your calls and emails to city council members are needed
to defeat this outrageous proposal that threatens the liberty of
homeschooling families in Mobile.

Among other things, the proposed ordinance would create curfew hours
for minors between 9:00 a.m. and 2:30 p.m. on weekdays when the Mobile
County Public Schools are in session. A minor is defined in the
ordinance as "any person 17 years of age and under, who has not been
emancipated under Alabama law." In other words, every person under 18
years old and not emancipated (i.e., judicially declared to be an
adult) would be subject to the curfew. But Alabama state law found in
sec. 16-28-3 of the Alabama Code requires school attendance only until
a person's 17th birthday. Further, the law states that a student
enrolled in a church-related school at age 16 is no longer required to
attend school. Mobile's proposed ordinance is intended to change the
state's compulsory attendance law put in place by the Alabama
Legislature. The Mobile City Council has no such authority.

In an apparent effort to accommodate the varying schedules of students
receiving home instruction from their parents, a "home-schooled minor"
is defined in the proposed ordinance as "a child who has been issued a
certificate of exemption by the Superintendent of the Mobile County
School System or from the Superintendent of an applicable city school
system." A home-schooled minor in a public place during curfew hours
with the consent of the minor's parent or guardian would be a defense
to prosecution. But how does a student get a "certificate of
exemption"? What would the superintendent require of a "home-schooled
minor" before he would issue an exemption? Considering the fact that
there is no such thing as a "home school" under Alabama law, who would
be eligible for an exemption from the curfew? The vast majority of
children being taught at home are enrolled in church schools as
evidenced by the filing of an enrollment form with the superintendent,
as required by sec. 16-28-7 of the Alabama Code. The proposed
ordinance would add another requirement for these students (if they
are considered to be "home-schooled") in order for them to be enrolled
in a church school with a different schedule from that of the public
schools. Again, the Mobile City Council has no such authority to
impose requirements on church schools in addition to those established
by the Alabama Legislature.

Those who violate the daytime curfew, including parents and children,
would be subject to a maximum penalty of a fine of $500 or
imprisonment for six months, or both.

Action Requested:

1. Please contact members of the Mobile City Council by telephone or
email this afternoon and express your opposition to the proposed
ordinance. The names and contact information for the city council
members are available online:

2. Attend the meeting of the city council this evening at 6:30 p.m. at
the Government Plaza Auditorium at 205 Government Street to
demonstrate your opposition to the proposed ordinance and speak
against it. (Another meeting to consider the proposed ordinance will
be held on Tuesday, August 2, at 6:30 p.m. at the Mobile Regional
Senior Community Center at 3201 Hillcrest Road.)

3. Forward this email to other homeschooling families who are not
members of HSLDA and ask them to take the same action.

Please contact the city council members now!

To see the text of the proposed ordinance, click on the following
link: .

Very truly yours,

Dewitt T. Black, III
HSLDA Senior Counsel

-> How many acorns can a chipmunk hold in its cheeks?

We don't know! But we do know that gathering little by little
enables ordinary folks to prepare for hard times. That principle
is behind HSLDA's payment plan: by paying a month at a time,
families can receive an annual HSLDA membership. Meanwhile, they
can feel secure as they homeschool and focus on other priorities
-- their children. Don't go nuts trying to pay for membership all
once. Choose one of our convenient payment plans.

More reasons to join HSLDA...

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Home School Legal Defense Association
P.O. Box 3000
Purcellville, Virginia 20134
Phone: (540) 338-5600
Fax: (540) 338-2733

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