| From the HSLDA E-lert Service: |
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| Date: From: Subject: | 8/1/2011 2:18:30 PM Home School Legal Defense Association Alabama: Mobile Daytime Curfew Closer to Passage |
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====================================================================== From the HSLDA E-lert Service... ====================================================================== Alabama: Mobile Daytime Curfew Closer to Passage Dear HSLDA Members and Friends in Mobile: Mayor Sam Jones will hold a second community meeting on the proposed juvenile curfew ordinance on Thursday evening, August 4, at 6:30 p.m. at the Mobile Regional Senior Community Center. (This meeting was originally scheduled for Tuesday, August 2, but has been rescheduled.) According to reports of those who attended the first meeting on July 26, the tide of public opinion appears to favor enactment of this ordinance that threatens the liberty of homeschooling families in Mobile. The mayor and members of the Mobile City Council must hear your opposition to this proposed ordinance in order to stop it. 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 age 17. 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 the mayor and members of the Mobile City Council by telephone or email and express your opposition to the proposed ordinance. The names and contact information for the city council members are available at http://www.hslda.org/elink.asp?id=11932 . The mayor's contact information can also be found online at http://www.hslda.org/elink.asp?id=11933. 2. Attend the public meeting this Thursday evening at 6:30 p.m. at the Mobile Regional Senior Community Center at 3201 Hillcrest Road to demonstrate your opposition to the proposed ordinance and speak against it. 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 mayor and city council members today! To see the text of the proposed ordinance, click on the following link: http://www.hslda.org/elink.asp?id=11934. In addition, HSLDA has some helpful information on daytime curfews at http://www.hslda.org/elink.asp?id=11935. Very truly yours, Dewitt T. Black, III HSLDA Senior Counsel ---------------------------------------------------------------------- -> Will your friends stand by you in trouble? They will if you're an HSLDA member and your homeschool is threatened. HSLDA is ready to stand by your side along with 80,000 other homeschool families. More reasons to join HSLDA... http://www.hslda.org/elink.asp?id=1105 ---------------------------------------------------------------------- ====================================================================== The HSLDA E-lert Service is a service of: Home School Legal Defense Association P.O. 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If this is an invalid email address or you have other problems, please reply to webmaster@hslda.org. ---------------------------------------------------------------------- DISCLAIMER: This is considered a private and confidential message from HSLDA to its bonafide HSLDA E-lert Service subscribers. HSLDA cannot attest to the authenticity of copies posted, forwarded, or sent by any party other than HSLDA. ---------------------------------------------------------------------- NOTE: Please do not reply or otherwise use this email address; hslda@hslda.org is for broadcast purposes only and is not intended to receive incoming messages. We cannot reply to any email sent to this address. If you have comments or questions, please send email to info@hslda.org or call HSLDA at 540-338-5600. HSLDA members can also email staff directly through the Members website at http://members.hslda.org/contact.asp. Thank you for your cooperation. ====================================================================== | |
