July 9, 2001

Charges Dropped Against Home School Family

GREELEY, COLORADO—Weld County Schools filed a "petition to compel attendance" against Mrs. R, a Home School Legal Defense Association member. When HSLDA contacted the school district lawyer, we discovered that although the home schooling mother had filed her notice of intent to home school in a timely manner, her ex-husband had contacted the school district and withdrawn the notice of intent. Without this notification, the school district interpreted the family as no longer being in compliance with the law.

Upon researching the laws, HSLDA established that Mrs. R was "the parent in charge and in control" of the nonpublic home-based educational program, and as a result, was the only parent with authority to file the notice of intent to home school and to make decisions for her children. Furthermore, if the ex-husband objected to home schooling, the proper court was not the criminal court, but the domestic relations court.

At Mrs. R's hearing, the judge agreed with HSLDA's position and wondered why the case had ended up in his court in the first place. The school district attorney and the judge were agreeable to dismissing the case, and the family has been able to continue to home school.