| From the HSLDA E-lert Service: |
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| Date: From: Subject: | 8/11/2011 11:21:57 AM Home School Legal Defense Association Florida--Unlawful Demands on Homeschoolers by Miami-Dade School Officials |
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====================================================================== From the HSLDA E-lert Service... ====================================================================== Florida--Unlawful Demands on Homeschoolers by Miami-Dade School Officials Dear HSLDA Members and Friends: In the past week, we have learned of an alarming threat to homeschool freedom in Miami-Dade County. It is because we believe it is necessary for every homeschool family in the county to be aware of the situation and know what we are doing that we are sending you this email. Please forward this to any of your homeschooling friends in Miami-Dade who might not otherwise receive our e-lerts. Recently, Miami-Dade County school officials in the Office of Attendance Services have been demanding that all parents who file their notice to establish a home education program come down personally to their office. These homeschool parents are being told that they must bring an original copy of their child's birth certificate or other proof of age and legal name, as well as proof of guardianship if their name is different than the child's. Additionally, if a parent has submitted their notice in letter format or on any other form other than the Miami-Dade "Home Education Program Registration" form, school officials are insisting that parents submit the district's form. As I am sure most of you recognize these demands go far beyond what a parent is required to do to operate a home education program under Florida law. Florida Statutes sec. 1002.41 states that a parent must "notify the district school superintendent of the county in which the parent resides of her or his intent to establish and maintain a home education program...in writing." The notice must be "signed by the parent, and shall include the names, addresses, and birthdates of all children who shall be enrolled as students in the home education program." No particular form is required. The notice must be filed with the superintendent within 30 days of establishing the home education program. When we spoke with Ms. Burks, the administrative director for the Office of Attendance Services, she acknowledged that these "requirements" were new. However, she insisted that the district was authorized to demand these documents and was able to insist on a personal visit to the office under Florida law. We have written a letter to Ms. Burks pointing out that nothing under Florida law permits Miami-Dade County school officials from requesting these documents. We have demanded that district officials immediately drop their unlawful requests. If they refuse to do so by early next week, we will evaluate further options to address the school district's excessive demands. In the meantime, we would suggest that if you have already filed, be prepared for a phone call from school officials requesting that you come in and bring your child's birth certificate with you. You are not required to do this, and we would suggest that you simply ask them to provide you with a list, in writing, of the information they need from you. If you receive any correspondence about this issue, please immediately forward it to us for evaluation and action. If you have not yet filed your home education notification for a child, we would suggest that you do the following. First, write a letter or use our form (available for members online at http://www.hslda.org/elink.asp?id=12025 ) with just the required information (must be written, signed by parent and include children's names, addresses, and birthdates). Keep a copy for your records and send the letter with delivery confirmation from the USPS. If you receive any contact from school officials, ask them to provide you with a list of what they need in writing and notify us immediately. We believe these unlawful demands are related to the Barahona case and are more likely to have come out of the Nubia Report than the more recent Miami-Dade grand jury report on this situation. If you are unfamiliar with the development of this situation over the past few months and what we have previously written about it, you can view our articles on the grand jury report http://www.hslda.org/elink.asp?id=12026 and the Nubia Report. http://www.hslda.org/elink.asp?id=12027 . Again, please feel free to forward this email to your homeschool friends in Miami-Dade who might not be members of HSLDA or signed up for our free e-lerts. We will continue to monitor this potentially dangerous situation and notify you of any updates. If you are not yet a member of HSLDA and would like us to protect your individual right to teach your children at home and for homeschool freedom in Florida, please visit http://www.hslda.org/elink.asp?id=12028 . If you would like to be put on our free email list to receive vital e-lerts you may sign up at http://www.hslda.org/elink.asp?id=7919 . Thanks for all of your efforts for home school freedom in Florida! Sincerely, Thomas (Tj) Schmidt HSLDA Staff Attorney ---------------------------------------------------------------------- -> What's the shortest distance between two homeschoolers? HSLDA's elert service! When threats to homeschool freedoms arise, you want to be able to respond. We make it possible. 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