Generally, parents choose to homeschool their children to achieve educational freedom, enforce their religious values, or address their concerns about the school environment or their child's academic instruction. Whatever the reason, it can be incredibly frustrating when governmental agents try to throw a wrench into their plans.
Working with a skilled student defense attorney is the best way to ensure your child gets the education they need, in the environment you believe is right for them. Call Lento Law Firm today at 888-535-3686 or schedule a consultation online. Our competent and experienced student defense attorneys can help.
Your Right to Choose Your Child's Educational Path
Societal norms and legal frameworks typically believe that parents have the primary responsibility of ensuring the welfare and upbringing of their children, including making decisions that are in their children's best interest. Parents have a deep understanding of their children's needs, strengths, and interests, so who better to be placed in charge of their educational path.
To formalize these beliefs, the Supreme Court has ruled in the 1920s that parents have a legal right to have their child educated in a way that matches their personal, religious, or philosophical values.
Common Problems Homeschooling Parents Face
Compulsory Education Laws
Most states in the United States have compulsory education laws, meaning that children are required to attend a certain number of days of school each year between the ages of five and 16-18. If a child misses too many days of school, is tardy too often, or constantly skips individual classes, law enforcement officials are sent to their homes to conduct wellness checks and ensure the child is safe and being well cared for.
Often, when parents decide to home school their children, they get overwhelmed by the transition and forget to formally withdraw their children from their school. When the child does not show up to school after a certain period of time, the truancy officer is sent to the child's last known residence.
If the parent or child is not there or has moved and is not enrolled in another county or state's public school, the truancy officer can initiate a criminal charge against both the parent and the student. Depending on the state, truancy charges can carry serious punishments, including up to 60 days in jail or jail time plus a $500 fine.
To prevent these unnecessary penalties, it is crucial you send notice of your intention to homeschool to the state and local government where your child's school is located. If you are unsure of how to send in the notice, or if you did unenroll your child from their school and notified the appropriate government agencies but are still being accused of truancy, Lento Law Firm can help. The Lento Law Firm Education Law Team will reach out to the school, the district, and any other agency necessary to discuss your case and negotiate on your behalf.
State Testing Requirements
Throughout a child's education, they are required to take state examinations. The primary purpose of state testing is to give the test information on how students are learning, what they are learning, and how well the state's educators are instructing them. They also inform parents of the student's strengths and weaknesses, their abilities as test-takers, and how they are progressing academically.
When parents remove their children from their regular classroom setting in favor of homeschooling, many states still require that these students participate in state testing. These states include:
- Arkansas
- Colorado
- Florida
- Georgia
- Hawaii
- Iowa
- Louisiana
- Maine
- Massachusetts
- Minnesota
- North Carolina
- North Dakota
- New Hampshire
- New York
- Ohio
- Oregon
- Pennsylvania
- South Carolina
- South Dakota
- Vermont
- Virginia
- Washington
- West Virginia
While each of these states requires something different from homeschooling students in terms of testing, they all require that students get tested to ensure they are being properly educated outside of the classroom.
Access to Sports or Extracurricular Activities
When you remove your child from their school, you may still want to keep them in afterschool activities, like sports or extracurriculars. Whether you want your child to engage in social activities or make friends, some school districts make it harder than necessary to enroll homeschooled students in after-school activities.
For instance, Missouri announced a new bill that would open public school activities up to homeschooling families. The current policy only allows students to participate in sports if they are enrolled in at least one credit hour of instruction. The districts also have the power to restrict who can join sports teams and can ban homeschooling families altogether. This new bill would inhibit this power and allow students who are not enrolled in public school at all to participate.
Counter to this expansion bill being proposed in Missouri, New Jersey leaves the decision of whether homeschooling students can participate in these public school activities up to the local school district. Recently, the Wall Township has announced a ban on allowing homeschooled students from joining after-school sports, theater productions, or other interscholastic activities.
If your state allows homeschooling families to participate in after-school activities and is prohibiting your specific family from joining, or if your local school district has decided to ban homeschooling families from participating, you have every right to appeal these decisions.
Vaccine Requirements
In the United States, students are required to get certain vaccinations before entering the school system. However, parents have the right to make medical decisions for their children, including whether or not the child should receive vaccinations. Many parents are forced to homeschool to prevent their non-vaccinated children from being ostracized, or vilified, by their peers, teachers, and administrators.
Currently, there are about twenty-one states that require homeschooled students to get vaccinated even if they never step foot in a public school.
Religious Freedom Issues
Depending on your religious beliefs, the public school system may not be a welcoming environment for your family. As such, many individuals with strong religious beliefs and values tend to turn to homeschooling as an alternative. Yet, there have been cases where the school district comes in and pressures families to relinquish or hide their religious beliefs when participating in homeschooling programs.
For example, in California, three families sued their school district because it would not approve the faith-based educational resources they had chosen to homeschool their children with. In California, parents can opt-in to a public charter school independent study program and select any curriculum they want for their families. However, when parents chose faith-based curriculums, the state refused to accept it.
Choosing your child's educational path, especially if it includes religious texts, is up to you. It is a fundamental parental right that states cannot interfere with. So, if your state is preventing you from choosing a faith-based curriculum for homeschooling your children, the Lento Law Firm can help.
Abuse Allegations
Unfortunately, many people in the U.S. take advantage of the homeschooling system as a way to hide the abuse they are inflicting on their children. For instance, in Michigan, parents have no requirements to prove their homeschooled children are receiving an education. But some lawmakers are trying to enforce some requirements on parents, especially after a child abuse case made headlines in Clinton County. Apparently, these homeschooling parents were abusing many of their almost 30 adopted children. The abuse went unnoticed because the children were homeschooled and never seen by mandatory reporters, like teachers.
Returning to Public School After Homeschooling
Sometimes, parents decide to homeschool for a certain period and then wish to put their children back into the public school system. When this happens, the school district may not believe the children are at the educational level the parents claim. This is especially true if there are no state testing scores to present to the district.
To prevent your child from being held back or misplaced in the school system, you must advocate for them appropriately. The Lento Law Firm Educational Law Team will review your state's specific requirements for re-entry and ensure you are completely prepared to present a case for where your child should be and the support they will need.
Homeschooling Liaisons Can Cause More Problems
Some states require a homeschooling liaison to connect the school, parents, and students together. Oftentimes, these liaisons will visit or contact parents and organize events so that parents and their families can feel welcome in the school. The point of a homeschooling liaison is really to foster a better relationship between the parties so that the child's education is not affected.
For instance, homeschooling liaisons are particularly helpful in homes with language barriers. They can help bridge the gap between the school district and the parents who may not be native English speakers. They also can act as mediators between the school, teachers, and parents to help the students get the most out of their education.
However, there are many times when homeschooling liaisons create more problems for homeschooling families. For example, if a homeschooling liaison notices a bruise on a child during one of the meetings, they may report the parents for child abuse without trying to figure out where the bruise came from. Additionally, if a homeschooling family takes an extended trip, the liaison may inform the school district that the students are truant and not getting the required education they need.
If you feel like your homeschooling liaison has overstepped your boundaries, or is reporting false information to the school district, it is crucial you reach out to a skilled education law attorney. Lento Law Firm will immediately report the issue to the state and request the liaison be removed from your case. They will also help you craft a strategic defense if the homeschooling liaison's reports are escalated to criminal charges or civil procedures against you.
Co-ops vs. Daycares
A lot of homeschooling parents take part in co-ops to ensure their children are getting some sort of socialization and the best education. Instead of sending their children to school, they instead form non-traditional homeschool pods or co-ops where parents and tutors take turns directing the homeschooling program.
While homeschooling is legal in every state in the U.S., some states have a specific definition for homeschooling that requires that parents are doing the actual teaching or directing the homeschooling. If a child is being taught by another person, or if they are learning with other students not related to them, it may be considered an illegal daycare.
If you want to operate or participate in a homeschool co-op, it is important that you ensure you are meeting the requirements of your local town or state's laws. When parents attempt to participate in a co-op that is not actually a co-op, they run the risk of being cited, having their children potentially placed back into the public school system, or voiding any work and assignments their child has done while homeschooled.
To ensure your parental rights are not affected, contact Lento Law Firm today for assistance.
How Lento Law Firm Can Help
The Lento Law Firm Education Law Team has helped hundreds of families navigate state, local, and federal policies that affect their children's education. They understand how overwhelming homeschooling issues can be and will work tirelessly to ensure your family is fully prepared to defend themselves.
Whether you are trying to take your child out of their current school, participate in extracurricular activities, or simply teach your child the values you believe are necessary for life, if the school district or state gets in the way of that, you have options. Lento Law Firm will review the policies, orchestrate a solid defense, and ensure you get the best possible outcome for your case.
Call 888-535-3686 today or schedule a consultation online. Our competent and experienced attorneys are here to help.
