October 24, 2013

Yellowstone County Seeks Unauthorized Information

Senior Counsel Dee Black answers questions and assists members with legal issues in Montana. He and his wife homeschooled their children. Read more >>

Home School Legal Defense Association recently assisted a member family who had submitted a notice of intent to conduct a home school to the county superintendent using HSLDA’s members-only form, only to have the superintendent insist on additional information not required by state law. After receiving the notice of intent, the Yellowstone County superintendent of schools sent a Home School Report form to the family seeking the parents’ home telephone number and each student’s age, date of birth, grade level, and public school in the school district the student would have otherwise attended. The superintendent also asked the family to indicate whether they intended to participate in various federal education programs by completing yet another form.

HSLDA Senior Counsel Dewitt Black responded to the superintendent on behalf of the family by pointing out that state law simply requires the home school to “notify the county superintendent of schools of the county in which the home school is located in each school fiscal year of the student’s attendance at the school.” HSLDA’s form complies with this legal requirement by providing the names of the parents and the students of compulsory attendance age, their home address, and the applicable school year. There is no requirement that the notice include the other information sought by Yellowstone County’s Home School Report form. Black’s letter also stated that the family declined to complete the form relating to participation in federal programs in the absence of any legal obligation to do so.

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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 >>