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June 22, 2001
State v. Mr. & Mrs. D
Parents home school materials and records subpoenaed

Filed: February 22, 2001, Stoddard County.

Nature of Case: The county attorney subpoenaed our member family's home school materials and records pursuant to a statute that authorizes such subpoenas in the course of a criminal investigation. Apparently, there had been a report that the parents are in violation of the compulsory attendance statute. HSLDA advised the county attorney that the child was not subject to compulsory attendance at the beginning of the school year and sent him a birth certificate to prove it. The compulsory attendance statute's school year is July 1st to June 30th. Our member's daughter did not turn 7 until July 19, 2000. Therefore, according to the statute, the child was not seven at the beginning of the school year and could not be required to attend school in the 2000-01 school term.

Ruling: On June 21, 2001, at the hearing on the motion to quash the subpoena, the county attorney agreed to withdraw his request for records.

Status: Case dismissed.

Last Updated: June 22, 2001.