Originally Sent: 8/26/2013

From the HSLDA e-lert service…
Home School Legal Defense Association

Donate to HSLDA
To support HSLDA’s litigation, education and lobbying efforts, click here. Contributions or gifts to HSLDA are not tax deductible. To make a tax-deductible gift to the Homeschool Freedom Fund, which will fund litigation and education of the public, click here.  For more information about these two opportunities to support the work of HSLDA see the FAQ here.

Join 20,000 others...

The HSLDA Curriculum Market is buzzing with activity! Save money on new and used homeschooling materials, or sell your extras.

You Can Help!

The Home School Foundation supports homeschool families in need. Whether it's a widow or a family suffering after a natural disaster, HSF is there to help. You can give directly, or through our Clicks For Homeschooling program; online merchants contribute to HSF when you shop!

Start shopping here to contribute to HSF at no cost to you!

Act Today to Stop Onerous DeKalb Truancy Ordinance

Homeschooling in Illinois

Thank you for supporting homeschool freedom.

Senior Counsel Scott Woodruff answers questions and assists members with legal issues in your state. He and his wife homeschooled their children.

Dear HSLDA Members and Friends:

We need your help immediately to stop a truancy ordinance that threatens your right to homeschool your children.

Tonight at 6:00 p.m. the DeKalb City Council will meet and possibly vote on an ordinance (Ordinance 13-52.92) that gives the public schools dramatic new power to define truancy. While it is not targeted at homeschoolers, we are the ones who could be hurt the most by it.

Action Requested if You Live in DeKalb

1. Please attend the meeting tonight at 200 S. Fourth St. to voice your opposition! Even if you do not speak, your presence will send a message. If you would like to speak, you may use the points outlined in the background section below, or explain your opposition in another way that is comfortable to you. If you wish to speak, fill out the information sheet as you enter the room and hand it to the secretary.

2. Please call the mayor and your alderman and express your opposition to the ordinance. He or she may have no idea that anyone opposes the ordinance. See the contact information below.

3. The best outcome for tonight would be a vote to defeat the ordinance. The next best outcome would be to postpone action on the ordinance until it can be studied more carefully.

Contact Information

Mayor: John Rey

1st Ward: David Jacobson

2nd Ward: Bill Finucane

3rd Ward: Kristen Lash

4th Ward: Bob Snow

5th Ward: Ron Naylor

6th Ward: Dave Barker

7th Ward: Monica Oleary


Section (a)(1) of the ordinance defines truancy as absence without an “excused absence.” But section (a)(2) gives the public schools unlimited power to define what an excused absence is for everyone: “An excused absence shall be as defined by the School District.” The public school therefore, in effect, has the power to define truancy itself. This breathtaking power is an invitation to abuse power.

Section (a)(2) of the ordinance requires the parent to give advance notice of a child’s absence. This is ludicrous. Will families be forced to give advance notice that their child plans to be sick?

Section (d) of the proposed ordinance says that the only way for a family to defend themselves against a truancy charge is with “written documentation” that the absence was an excused absence. A judge might use this ordinance as reason to forbid a family from giving live, oral testimony in their own defense.

This bizarre demand means that a family could be in full compliance with state compulsory attendance law, but could be held guilty of an ordinance violation.

The ordinance gives the police sweeping power to arrest (“detain”) any homeschooled child they think might be truant. Once arrested, the ordinance allows the police officer to drop the homeschooled child off at the local public school!

Section (f) of the ordinance gives each family the opportunity to enter their own agreement with the chief of police about how to enforce the ordinance. Most families have no desire at all to enter any such agreement! But if some do, it could result in crazy quilt of enforcement procedures.

Under state law, once a child is 17 years of age, he is no longer subject to compulsory attendance. But the ordinance goes over this limit and applies to students until age 18.

The ordinance declares there is an “emergency” (the third “whereas” clause), thereby seeking to circumvent the usual timeline and process for adopting an ordinance. This means less time to study, consider the issues involved, or hear from the community. Furthermore, it is not credible that there is any such “emergency.” State law already forbids truancy.

The ordinance says a student must attend at the school to which he is “assigned.” The ordinance is unclear as to who has the power to “assign” the student to a school. A judge could read it as giving the local school the power to “assign” which school every child attends.

The ordinance uses the term “home school.” While that phrase is used in common parlance, it has no place in a legal document because there is no definition of “home school” either in state law or in the ordinance. A homeschool is legally a private school, and to protect our freedom it is important that we are treated exactly like all other private schools—and not carved out for special treatment.

Thank you for standing with us for freedom!


Scott A. Woodruff, Esq.,
Senior Counsel,
Home School Legal Defense Association

P.S. We greatly value you and your support—it is a privilege to serve you. Thank you for all you do for freedom! If you or someone you know is not a member of HSLDA, will you consider taking a moment today to join or recommend us? Your support enables us to defend individual families threatened by government officials and protect homeschooling freedom for all. Join now >>

• • • •

Who’s Knocking on Your Door?

When a social services worker arrives at your door, tension can run high. Wouldn’t it be nice to get your lawyer on the phone, providing you with immediate step-by-step guidance?

More reasons to join HSLDA >>

The HSLDA E-lert Service is a service of:

Home School Legal Defense Association • P.O. Box 3000 • Purcellville, Virginia 20134-9000
Phone: (540) 338-5600 • Fax: (540) 338-2733 • Email: info@hslda.org
Web: http://www.hslda.org

Subscription Information: You subscribed to the HSLDA E-lert Service as:

Subscribe | Unsubscribe | Change Settings

POSTMASTERS: This message is being sent to the most recent address we have for our subscribers. If this is an invalid email address or you have other problems, please reply to webmaster@hslda.org.

DISCLAIMER: This is considered a private and confidential message from HSLDA to its bonafide HSLDA E-lert Service subscribers. HSLDA cannot attest to the authenticity of copies posted, forwarded, or sent by any party other than HSLDA.

NOTE: Please do not reply or otherwise use this email address; hslda@hslda.org is for broadcast purposes only and is not intended to receive incoming messages. We cannot reply to any email sent to this address. If you have comments or questions, please send email to info@hslda.org or call HSLDA at 540-338-5600. HSLDA members can also email staff directly through the Members website at http://members.hslda.org/contact.asp. Thank you for your cooperation.

© 2017 HSLDA. All rights reserved.