May 11, 2001

District Tries to Enforce Illegal Requirements

COLORADO—Mr. and Mrs. S recently received a letter from the East Otero School District, indicating that the family needed to have their son tested at a time and location chosen by the district, and stating that they must contact the district if they chose to make other arrangements. East Otero had also attempted to impose a deadline for submission of the test results, even though the law does not state any such deadline, nor does it give the district the right to set one.

Recognizing that these demands exceeded state law, Mr. and Mrs. S immediately contacted Home School Legal Defense Association. On their behalf, we promptly sent the district a letter, informing school officials that Colorado law does not require home educated students to be tested at a location chosen by the school district. Furthermore, we noted that the parents of home schooled children are not required to notify the school district of the arrangements for their private testing.

After East Otero received our letter explaining the law, Mr. and Mrs. S received no further contact from the district.