From the HSLDA E-lert Service:
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Date:
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8/26/2011 11:59:04 AM
Home School Legal Defense Association
Florida--Update on Miami-Dade County Unlawful Demands

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From the HSLDA E-lert Service...
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Florida--Update on Miami-Dade County Unlawful Demands

Dear HSLDA Members and Friends:

As many of you may have already heard, Miami-Dade school officials
have been making unlawful demands of many home education programs
across the county. The Office of Attendance Services has told every
family who files a notice for a child in a home education program to
visit the office and "register" their child in person using the
Miami-Dade Home Education form they have created. These parents are
also being told that they must bring a certified copy of their child's
birth certificate.

These demands are clearly beyond what is required under Florida law.
Home education parents are only required to notify their district
school superintendent in writing that they have established a home
education program and include the name, address, and birthdate of each
of their children. Once that is done a parent is in compliance with
Florida law; nothing is required from local school officials to
acknowledge the filing.

HSLDA has written to Miami-Dade County Public Schools on behalf of our
member families, vigorously protesting the unlawful demands of the
district. We have received a response from Charlene Burks, the
administrative director of the Office of Attendance Services. Ms.
Burks states that "requesting documentation that a person is a
'parent' who resides in Miami-Dade County does not violate the statue"
and they are merely requesting "confirmation that the person is in
fact a parent living in this District."

As this response indicates that Miami-Dade is going to continue to
make unlawful demands on home education programs in the county, we are
evaluating possible preemptive legal action against Miami-Dade County
Public Schools. In the meantime, we suggest that every parent provide
their written notice with the required information to the school
district superintendent. The notice can also be mailed using "delivery
confirmation" so you have evidence that it was received.

Any family who has received contact from Miami-Dade officials after
filing their notice demanding that they come down to the office and
bring their child's birth certificate should contact HSLDA. We will
write a letter on behalf of your family asserting that you have
complied with Florida law and are operating a valid home education
program. We will send a letter on behalf of any family that requests
one from us, regardless of whether you are a current member or not. We
believe it is important for all families in Miami-Dade County to stand
together and resist the unlawful harassment from school officials.

If you want HSLDA write a letter on behalf of your family we ask that
you email us at Miami@hslda.org the following information:

> Parents' full names
> Students' names you filed for (for which information is being
requested by Miami-Dade)
> Address
> Contact phone number in case additional information is needed
> Approximate date home education notice was filed
> Optional: you can also email us a copy of your notice if you desire


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 .

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 to join and help
us fight 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

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Home School Legal Defense Association
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