| From the HSLDA E-lert Service: |
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| Date: From: Subject: | 10/13/2011 4:40:28 PM Home School Legal Defense Association Idaho--Pocatello-Chubbuck to Vote Tuesday on Plan to Deny Dual Enrollment |
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====================================================================== From the HSLDA E-lert Service... ====================================================================== Idaho--Pocatello-Chubbuck to Vote Tuesday on Plan to Deny Dual Enrollment Dear HSLDA Members and Friends: On Tuesday, the Pocatello-Chubbuck school district is expected to cast its final vote on a policy that would prohibit homeschool students from dual enrolling to take a single course. It would permit part-time enrollment only if the student would spend at least 150 minutes daily in the public school. Many homeschool parents have excellent reasons to completely stay away from public school programs. However, parents who live in the district and who value the right to participate in public school programs would be well advised to take quick and appropriate action on this issue (calling school board members, attending the coming meeting, etc.). Halting the policy in the first place may be far more successful than trying to challenge it later. Modifying the policy so it would not apply to homeschoolers (but only to virtual and private school students) would be another good resolution. We have been informed that a final vote on the policy is scheduled to take place on Tuesday, October 18 at the school board meeting scheduled to start at 5:30 p.m.. BACKGROUND Idaho Code sec.33-203 gives homeschool students the right (subject to certain requirements) to dual enroll in a public school and participate in "any program" of the public school. For example, this statute would give a student a right to take one class, for example, a French class, in the local public school. But the proposed policy would forbid the student from taking only French. In order to take the French class, the student would be compelled to sign up for one or more other programs that would total at least 150 minutes daily. Applied this way, the proposed policy would violate the student's rights under Idaho Code sec.33-203. We anticipate the school district will try to justify its violation of state law by relying on the flawed logic that they are not required to permit dual enrollment for a single class since they will not receive state funding for a student present fewer than 150 minutes per day. (They will presumably still accept the property taxes from parents who request dual enrollment for one class.) The logic that ought to be applied is this: state law gives homeschoolers a right to participate in every public school program, and this right is not conditional upon funding. The school district's anger over funding should be vented at the legislature, not homeschool families. And we anticipate that the school district will claim they can impose this policy under the state law provision that allows them to adopt "procedures" for dual enrollment. However, a "procedure" that categorically denies access to an entire class of citizens who are otherwise unequivocally entitled to access can hardly be described as merely procedural. It is substantive in every meaningful sense. And state law does not permit school districts to change the substance of the law. We are not aware of any other school district pursuing this policy. However, if Pocatello can pull it off, it would be very surprising if others don't follow. Yesterday HSLDA Senior Counsel Scott Woodruff spoke to a representative of Superintendent Mary Vagner and pointed out that the proposed policy violates state law. The superintendent's attorney called back, and Woodruff urged her to work to modify the policy so it would not apply to homeschoolers (but only virtual and private school students). Idaho Coalition of Home Educators (ICHE) and Christian Home Educators of Idaho State (CHOIS) are following this issue closely, along with HSLDA. To view the 9-20-2011 version of the proposed policy (see Policy Numbers 8130 and 8116) click here http://www.hslda.org/elink.asp?id=12602To view the state law granting access, click on this link: http://www.hslda.org/elink.asp?id=12601 Sincerely, Scott A. Woodruff, Esq. HSLDASenior Counsel ---------------------------------------------------------------------- -> How long are you in for? Some families are facing what seems like a lifelong commitment to homeschooling, with children at both ends of the spectrum -- some graduating and some just reaching school age. If you're going to be "in" for a while, consider a lifetime membership with HSLDA. It's a good deal for families with more than 10 years of homeschooling ahead. More reasons to join HSLDA... http://www.hslda.org/elink.asp?id=1936 ---------------------------------------------------------------------- ====================================================================== The HSLDA E-lert Service is a service of: Home School Legal Defense Association P.O. 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