June 3, 2005
HSLDA defends Kentucky family against educational neglect charges
Home School Legal Defense Association recently defended a member family in Kentucky charged with educational neglect, even though there was no evidence of such neglect occurring.
The case started when Mrs. Murray's* two sons went to visit their friend, who lives just a couple houses down. While they were visiting, a school employee showed up at the neighbor's house to investigate charges that the neighbor's son was truant. He interrogated the Murray boys about their home education program, badly frightening them, and then left. Soon after this, Mrs. Murray was contacted by a social worker from the County Cabinet for Families and Children who told her that she was being investigated for educational neglect.
Mrs. Murray called HSLDA immediately. Unable to prevent the court action, we represented her at the preliminary hearing. We informed the judge that Mrs. Murray was in full compliance with the Kentucky law on home education. Homeschoolers in Kentucky operate as private schools, and Mrs. Murray had filed a notice with the public school that her sons were enrolled in private school. The judge did not appear to be familiar with home education law, so she asked us to file more information with the court to show that the children were actually enrolled in a school, and she scheduled a further hearing.
After we produced evidence of the records that Kentucky law requires private schools to keep, the social worker said she was "perplexed" as to why this was a case to begin with, since she saw no risk of any harm to the children.
HSLDA Litigation Attorney James R. Mason III then faxed a letter to the county attorney, requesting that the charges be dismissed. At the hearing on May 24, 2005, the county attorney agreed, and the judge dismissed the charges.
"This is a case that never should have been filed," said Mason.
In such situations, HSLDA is normally able to prevent court action. However, when we do have to litigate, our three-member litigation team is poised to intercede on behalf of our families.
* Name changed to protect family's privacy.
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