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32
HSLDA ® THE HOME SCHOOL COURT REPORT THIRD QUARTER 2017 | VOL. 33, NO. 3 Civics for high school made easy 10 Taming the testing jungle 28 “He’s safe now, and he’s learning.”

Transcript of THR URTER 01 | OL. O. “He now, nd he earning.” - hslda.org test includes guidelines ......

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HSLDA®

THE HOME SCHOOL COURT REPORTTHIRD QUARTER 2017 | VOL. 33, NO. 3

Civics for high school made easy 10

Taming the testing jungle 28

“He’s safe now, and he’s learning.”

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Well Planned Startby Well Planned Gal

EVALUATING ACADEMIC SUCCESS

Parent Assessment / Student Placement

new

Created for any family, Well Planned Start allows parents to see exactly where their child is thriving or strug-gling. The test includes guidelines and instructions to evaluate student profi ciency while assessing the exact point of a student’s understanding of specifi c processes, procedures, and information.

The results give the parent a starting point for choosing curriculum or en-gaging in conversation with teachers to establish a plan for strengthening weak areas.

wellplannedgal.com

EACH BOOK INCLUDES• Kindergarten - 12th Grade

• Parent Assessment Test

• Student Placement Test

• Plan of Action Worksheets

• Includes Bible, History, Science, Math, & Language Arts

• Parent Teaching Tips and Suggestions

• Physical, Emotional, and Academic Milestone Checklists

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3HOME SCHOOL LEGAL DEFENSE ASSOCIATION | HSLDA.ORG

n FEATURES

12 | COVER STORY | “He’s safe now, and he’s learning.” + The cost of legal representation [14]

n COLUMNS & DEPARTMENTS

4 | HSLDA STORE | High school transcripts + 2017–18 Photo IDs + Graduation diplomas and more

6 | FROM THE PRESIDENT | Many motives, one good reason

8 | FEDERAL RELATIONS | Why we opposed H.R. 610

10 | GENERATION JOSHUA | Civics for high school made easy

15 | STATE HIGHLIGHTS | California [15] + Kentucky [16] + Massa- chusetts [17] + Minnesota [18] + Missouri, New Mexico [19] + North Dakota [20] + Tennessee [21] + Virginia [22] + West Virginia [24]

26 | LITIGATION | State admits homeschooling grandma did nothing wrong (Illinois—In re: H Family)

28 | HIGH SCHOOL | Taming the testing jungle

31 | HOME SCHOOL FOUN- DATION | A new home, a new way to help

n AND THE REST

7 | ADVERTISERS INDEX

15 | HSLDA MEMBERS’ LEGAL INQUIRIES MAP

17 | A CONTRARIO SENSU

27 | ACTIVE CASES

TABLE OF CONTENTS

Publisher HSLDAChairman Michael P. Farris, JD, LLMPresident J. Michael Smith, Esq.

Editor Suzanne StephensAssistant Editors Grace Matte, Peter Schellhase, Jonathan Bales, Ethan WeitzGraphic Designer Todd Metzgar

HSLDA Attorneys Michael P. Farris, J. Michael Smith, Scott A. Woodruff, Darren A. Jones, James R. Mason III, Thomas J. Schmidt, Michael P. Donnelly, William A. Estrada, Peter K. Kamakawiwoole, Daniel T. Beasley

Address P.O. Box 3000, Purcellville, VA 20134Shipping Address One Patrick Henry Circle, Purcellville, VA 20132Phone 540-338-5600Fax 540-338-2733Website hslda.orgEmail [email protected]

Disclaimer The articles contained in this publication have been prepared for and are intended to provide information that may be useful to members of the Home School Legal Defense Association. The Association does not necessarily warrant this information. The reader must evalu-ate this information in light of the unique circumstances of any particular situation and must determine independently the applicability of this information thereto.

Copyright © 2017 by Home School Legal Defense Association.

The Home School Court Report (ISSN 1539-3747) (USPS 020294) is published quarterly by Home School Legal Defense Association, One Patrick Henry Circle, Purcellville, VA 20132-3197. Periodical postage paid at Purcellville, VA, and additional entries. Postmaster: Send address changes to The Home School Court Report, P.O. Box 3000, Purcellville, VA 20134-9000.

Scripture Version Unless otherwise noted, all Scripture quotations are from the NKJV.

Columnists The views of guest columnists do not necessarily reflect the views of HSLDA.

Article Submissions See Court Report guidelines at hslda.org/articleguidelines.

Advertisers Call Advertising at 540- 338-8605, visit hslda.org/ads, or email [email protected].

HSLDA®

THIRD QUARTER 2017 | VOL. 33, NO. 3

ABOUT THE COVER

See what it took for this single mom to rescue her son from a toxic school environment. HSLDA members and donors made a swift defense possible.

Thoughts on the Court Report? Email courtreport @hslda.org.

10

28

Well Planned Startby Well Planned Gal

EVALUATING ACADEMIC SUCCESS

Parent Assessment / Student Placement

new

Created for any family, Well Planned Start allows parents to see exactly where their child is thriving or strug-gling. The test includes guidelines and instructions to evaluate student profi ciency while assessing the exact point of a student’s understanding of specifi c processes, procedures, and information.

The results give the parent a starting point for choosing curriculum or en-gaging in conversation with teachers to establish a plan for strengthening weak areas.

wellplannedgal.com

EACH BOOK INCLUDES• Kindergarten - 12th Grade

• Parent Assessment Test

• Student Placement Test

• Plan of Action Worksheets

• Includes Bible, History, Science, Math, & Language Arts

• Parent Teaching Tips and Suggestions

• Physical, Emotional, and Academic Milestone Checklists

IN MEMORIAM HSLDA fondly remembers special needs consultant Betty Statnick, who died May 2, 2017 at age 87. Betty served our members for 19 years. She worked from home, and would spend hours keeping up with the latest research in her field and answering calls from mem-ber families in need of advice. She had an incredible memory and was a lifelong stu-dent. A tireless advisor and friend to many, Betty’s passionate personality was matched by her steadfast reliance on God in prayer. Betty is survived by Joe, her husband of 64 years, their three children, and 13 grandchildren.

• Read more at hslda.org/Betty Betty Statnick (1929–2017)

HELP AHEAD

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4 THE HOME SCHOOL COURT REPORT | 3RD QUARTER 2017

LET US MAKE HOMESCHOOLING

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online homeschool curriculum

“I had resisted using electronic curriculum because I didn’t want to lose the control over what my

daughter was learning, how she was graded, and how we

scheduled our school time. With Monarch, instead of

losing control, we both gained more freedom.”

– Jennifer M.

Enjoy the Freedom of Online Learning Free for 30 Days!

Visit DiscoverMonarch.com and use promo code MON30HSLDA to start your free 30-day trial.

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6 THE HOME SCHOOL COURT REPORT | 3RD QUARTER 2017

T here are as about as many different reasons why people homeschool as there are homeschooling families.

We recently commissioned a market survey of homeschooling families, and one of the ques-tions we asked participants was why they chose to begin homeschooling. The top reasons they gave us:

▶ We were concerned about the school environment▶ We wanted to spend more time and be more

involved in our child’s life▶ We wanted to teach moral values or provide

religious instruction▶ We wanted to establish our own academic

curriculum▶ Our child was advanced beyond grade level▶ We couldn’t afford private schools, or there was a

lack of private school options▶ Our child needed flexibility to pursue gifting in

the arts, etc.▶ Our child was struggling academically▶ Our child had medical issues or a learning

disability that was not adequately served by the school, or prevented consistent attendance

▶ We move frequently and wanted to provide a stable learning environment

n My first homeschool caseThe very first homeschool case I handled involved a

family who had moved from Arkansas to California. On the first day the children attended the public school in

their new town of Tehachapi, the first grader got into trouble. The girl’s classmates turned her in to the teacher in charge of the cafeteria for praying over her food at lunch. The teacher told the child she couldn’t pray in school. The first grader came home crying because her mommy had instructed her to pray.

Dovey, the mom, stormed down to the school and demanded to speak to the principal. The principal said that there would be no praying in school, as it was a serious violation of public school law (according to him). Well, the first day of school turned out to be the last day of public school for Dovey’s kids, and they began homeschooling.

It wasn’t long before Dovey was ordered to come to the district attorney’s office or risk prosecution for tru-ancy. She contacted me and I attended the hearing with her. The officials left her alone after that.

FROM THE PRESIDENT

by J. MICHAEL SMITH

HSLDA President

Many motives, one good reason

HERE FOR YOU

Online resources | 24/7 • Manage my account: hslda.org/members • My state homeschool law: hslda.org/mystate • Preschool through 8th grade: hslda.org/toddlerstotweens • High school and beyond: hslda.org/highschool • Students with special needs: hslda.org/strugglinglearner • Testing: hslda.org/testing

Questions? Contact us: • Office (8:30–5:00, M–F): 540-338-5600 or [email protected] • Legal emergency after hours? Call 540-338-5600 and follow the emergency instructions given in our voicemail greeting.

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7

n Chris’s storyAnother family moved from

Milwaukee, Wisconsin, to a small Dutch town in Iowa in the late ’80s and enrolled their three children in the local public school. Chris, age 12, almost imme-diately did not want to go to school. His mother, Sally, had to physically deliver him to his classroom each day. It got so bad that she was allowed to stay in his classroom for part of the time. But one day the principal told Sally she couldn’t be in school with Chris. After all, they (the school officials) know what is best for kids.

Not long after that, Chris tried to commit suicide. Sally could no longer send him to school. But there were no alternative schools in the area. What was a mother to do?

Sally asked for prayer at church that Sunday. A home-schooling mother in the church approached her privately and told her about homeschooling, but said the principal would not allow her to homeschool since she was not a certified teacher. At this time in Iowa it took extreme cour-age to homeschool. If you were found out, you would be taken to court. The other mom referred Sally to HSLDA, and I received her phone call that Monday morning.

We wanted to help Sally, but I asked her to do one thing to confirm that she had the will to stay in the fight despite the threat of going to jail or losing her children: I asked her to contact the principal and tell him that she was going to homeschool her son. In the face of her fear and trepidation, Sally picked up the phone and suddenly discovered she had more confidence and courage than she realized. She firmly told the principal her plan to homeschool, and then called me back five minutes later to confirm that she had completed her task.

We were able to convince the officials to leave the family alone. Chris graduated successfully from home-schooling and today he serves as a missionary.

n That one good reason Why am I telling you these stories? When we boil

down all the reasons parents choose to homeschool, there is one basic reason we all share: we want to do what is best for our children. And parents who choose homeschooling love their children enough to make the sacrifices homeschooling requires.

At HSLDA, our goal is to make homeschooling possible for anyone who wants to do it. We do that by advancing and protecting the freedom to homeschool and providing the guidance, resources, and encourage-ment you need to do your very best. n

ADVERTISERS INDEX

HOME SCHOOL LEGAL DEFENSE ASSOCIATION | HSLDA.ORG

Advertising with usCONTACT | Call Advertising at 540-338-8605, visit hslda.org/ads , or email [email protected].

DISCLAIMER | The appearance of advertisements in the Court Report does not imply recommendation or endorsement by Home School Legal Defense Association, and the opinions expressed by advertisers do not necessarily reflect the views of HSLDA. Use of any information, product, or service herein advertised is voluntary, and reliance upon it should only be undertaken after inde-pendent review.

Advertisers in this issueDemme Learning .......................................................................................... 11HSLDA Homeschool Freedom Fund ..........................................................26HSLDA Online Academy ............................................................................. 10HSLDA Resources .............................................................................. 8, 25, 29HSLDA’s Homeschool Heartbeat ..............................................................29Monarch Online Homeschool Curriculum ..................................................5Patrick Henry College ...................................................................................9Samaritan Ministries .................................................................................. 32Well Planned Gal .......................................................................................... 2

SALLY’S POEM*When the dust had settled, Sally wrote a poem for Chris which

she has kindly allowed us to share with you.

“You loser. . .” words sometimes said, always understood. Cries of anger, fits of rage, run-away threats, and even the grave. Grips of despair, hurts and torments, turned into scars and walls never meant. Fight against fight, to later give up, ruins of life a poison cup. Socialization, it’s a must. Squeeze them and mold them back to the dust. Myth upon myth, a lie has been told, a pack of goods has really been sold. Line upon line will now reveal. His precept upon precept is what is real. God’s risen Son will be your friend in ways others could only pretend. Our dearest child, your life has been torn apart, but God will give you a brand-new start. Our home now will be your safe school where God’s love in your life may again rule. May God’s love rule in your safe school as well.

© IS

TOCK

* EDITED FOR PUBLICATION.

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8 THE HOME SCHOOL COURT REPORT | 3RD QUARTER 2017

Recently, Home School Legal Defense Asso-ciation helped to thwart a well-intentioned but ultimately dangerous bill introduced by friends of homeschooling in Congress.

H.R. 610, sponsored by Congressmen Steve King (IA) and Andy Harris (MD), called for sending all federal edu-cation dollars to the states as grants the states could then distribute as vouchers to public school, private school, and homeschool students.

Even though participation in these vouchers would be voluntary, we believe that this program would be a slippery slope leading toward more federal involvement in and control over homeschooling.

If it had become law, H.R. 610 would have had serious negative ramifications for homeschool freedom:

▶ It would have required states to track home-school students. Numerous provisions in H.R. 610 require states to count the number of eligible students in their state. This would have required homeschooling families in all 50 states to register

with a local school district, a dramatic increase in government oversight for many states.

▶ It would have set a precedent for the federal gov-ernment to dictate whether or not homeschooling is legal, which we believe is both unnecessary and unconstitutional.

▶ It would have eliminated language protecting homeschool freedom in current U.S. law. One of H.R. 610’s provisions repeals the Elementary and Secondary Education Act (ESEA) in its entirety. While a good idea in theory, this full repeal would also eliminate the ESEA’s language fully protect-ing homeschool freedom from federal control.

▶ It would have allowed the federal government to decide what represents legitimate homeschool expenses and how much a homeschool program should cost. This clearly violates a fundamental assumption of homeschooling—that parents know better than the government what it takes to effectively teach their children.

Why we opposed H.R. 610

FEDERAL RELATIONS

by WILL ESTRADA

HSLDA Director of Federal Relations

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9HOME SCHOOL LEGAL DEFENSE ASSOCIATION | HSLDA.ORG

As soon as H.R. 610 was introduced, HSLDA’s Federal Relations team swung into action. Our initial meetings with the bill’s sponsors resulted in only one co-sponsor, Rep. Trent Franks (AZ), pledging to respect the concerns of the homeschool community and oppose federal funding for homeschoolers. So we sent out action alerts to our members, urging phone calls and emails.

Families across the nation responded overwhelmingly. Another co-sponsor, Rep. Pete Olson (TX), quickly called HSLDA to let us know that he would no longer support the bill. Other members of Congress who had been considering the bill also told us they would not support it. Soon, only the two original sponsors remained on the bill.

H.R. 610 is now essentially dead. We continue to monitor it, and in the unlikely event that it does return, zombie-like, to life, we will be prepared to take action.

HSLDA has always opposed bills like H.R. 610, and will continue to oppose federal funding for homeschool-ing for reasons of prudence and principle.

Government-funded homeschooling will result in increased government scrutiny and control. We have seen this happen on the state level. After all,

if homeschooling families are spending taxpayers’ money, the government has a responsibility to guard the public fisc.

Homeschooling has succeeded as a movement in part by being different. Unlike typical constituencies asking for our piece of the public-money pie, we have simply asked the federal government to leave us alone. This has fostered one of the most dynamic social movements of our lifetime.

The spirit of self-government at the heart of private homeschooling has led to a vibrant social network of small groups and statewide groups who depend on each other—not on the government. The homeschool move-ment has been a better idea because we built it ourselves.

We want to thank our members and donors for stand-ing with us as we strive to preserve the freedom of all families to give their kids the best possible educational experience through homeschooling. n

World Cl ass8th NelsoN MaNdel a World huMaN rights

Moot Court ChaMpioNshipGeneva , Swi t ze r l and

25teaMs

24laW

sChools

15CouNtries

03daYs

P a t r i c k H e n r y c o l l e g e

Subscribe to PHC’s News and Resource Center at PHC.EDU/LearnPHC

Patrick Henry College, at 10 Patrick Henry Circle, Purcellville, VA 20132 is certified to operate by the State Council of Higher Education for Virginia.

For Christ and For Liberty

01patriCK heNrY

College

World Champions

Government-funded homeschooling will result in increased government scrutiny and control.

Adapted from two articles published on February 14 and April 11, 2017 at hslda.org.

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10 THE HOME SCHOOL COURT REPORT | 3RD QUARTER 2017

Jeremiah, can you explain what iCitizen Live is, and how it might be useful for homeschooling families?

The better question is “What is civics?” Because that’s what iCitizen Live teaches. I like to say that ‘civics’ is citizenship applied. We are all citizens, but many of us don’t know what to do with that responsibili-ty beyond casting our votes every other November.

In iCitizen Live we teach students 1) how our country works and 2) what we can and should do to be responsi-ble citizens. We use video lectures, live teaching sessions

where students can ask hundreds of questions, and fun assignments like watching movies and analyzing them or writing essays in response to material we’ve studied. Government “by the people” is hands-on—so I believe the way we learn about it should be hands-on too.

Let’s talk about the ways students can use the course. You mentioned this is an online class—so is this a class they take with a teacher, or can they use this on their own?

The great thing about the iCitizen curriculum is that it’s flexible, just like homeschooling. If you have a self-motivated student or are just looking for a book to teach out of, you can get the curriculum and do it yourself. But if you’re like me and thrive in an interactive atmosphere, or want a teacher who can answer specific questions, you can take the online class.

Either way, iCitizen is an excellent tool for learning both how our country works and how it ought to work.

by JOEL GREWE

Director of HSLDA’s Generation Joshua

GENERATION JOSHUA

R ecently, I sat down with Jeremiah Lorrig , Deputy Director of HSLDA’s Generation Joshua, for a behind the scenes look at iCitizen Live, an interactive online course

offered through HSLDA Online Academy. Jeremiah trans-formed GenJ’s iCitizen curriculum into the iCitizen Live course and serves as its online instructor.

Civics for high school made easy

Teacher-led, live interactive coursesE N G L I S H · M AT H · F O R E I G N L A N G UAG E S · S O C I A L S T U D I E S

540-338-8290

academy.hslda.org

QualityCHRISTIAN Teaching YOU CANTRUST

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11HOME SCHOOL LEGAL DEFENSE ASSOCIATION | HSLDA.ORG

And that’s our bigger goal. We built this course to help you learn about your civic responsibilities, the meaning of justice, the mechanics of government, and the duties of citizens, and how each of us can make the world a better place in this democratic constitutional republic we are blessed to live in.

So what should students expect to get out of this course?

Well, like anything else, results may vary. The fact is, what you get out of education depends on what you

put into it. Homeschooling families know this. That is why, when I teach anything, my strategy is to make learn-ing fun. And it seems to work!

Whenever a parent emails me and says that they don’t know what magic I used, but their student not only somehow likes learning, but they are loving civics, of all things—it makes my day. But far more meaningful than the smile I get from a parent’s feedback is when I am reading a student’s paper and see that they have gone from learning about government to caring personally about justice and personal responsibility.

I believe my students are the future. In a nation like ours, where citizens have the responsibility to rule, these young people will be the guardians of freedom and justice. Seeing them understand these foundational prin-ciples on a deep level brings tears to my eyes and makes me confident that iCitizen is helping students grow into passionate and effective citizens.

And I have one final thought for our readers. Just like we all want to be good stewards of our time and money, we also need to take care of our citizenship. No matter what method or curriculum you use to teach civics, please take it seriously. The future depends on it. n

Learn more about iCitizen Live and other Generation Joshua programs at generationjoshua.org .

Jeremiah Lorrig, Deputy Director

of HSLDA’s Generation Joshua

© H

SLD

A /

GEN

J

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12 THE HOME SCHOOL COURT REPORT | 3RD QUARTER 2017

F or simply trying to do what was best for her son Luke, Dawn faced criminal charges of endangering the welfare of her child—charges which could have resulted in a

crushing fine and even jail time.It was strange that Dawn, after properly withdrawing

her son from public school, ran afoul of compulsory school attendance laws, since in Missouri there’s really nothing special a parent has to do to start homeschooling.

“There’s no law that says you have to file a form or anything,” Woodruff says. “HSLDA recommends that you send a letter to a school principal. But to start home-schooling, that’s very simple. You just do it.”

But what really stood out to Scott was Dawn’s plight a s a single mother caring for a 9-year-old son with special needs.

“I need help,” she had written on her application. “No one will answer the questions I have, and I cannot send my child back to [that school].”

Woodruff quickly recommended Dawn for membership.“It looked like the case landed right in the bull’s-eye of

our mission,” he says.He referred the application to HSLDA Vice President

of Litigation Jim Mason, who immediately agreed that it was just the kind of case HSLDA is uniquely suited to deal with.

Mason gave the OK, and in short order Woodruff and HSLDA litigation attorney Peter Kamakawiwoole were drawing up a plan to help Dawn and her son.

n A big improvementToday, Dawn is happy to report that

Luke is doing much better since she withdrew him from school in November 2016.

“My son is doing great,” she says. “His health has

improved; his learning has improved. When it’s nice out-side, he plays kickball with his sisters. The other night he was literally chasing my 10-year-old daughter. He’s using his imagination. [These are all] things that he’s never done before.”

Recent photos of Luke show a boy with a broad smile who is obviously at ease with his family and his home (not to mention his floppy-eared dog, Ruibyn, who enjoys nuzzling with him on the sofa).

But getting him to this point was neither easy nor straightforward. In fact, at one point Dawn feared that leaving Luke in the local public school would cause him irreparable harm—maybe even kill him.

n Heartbreaking strugglesLuke’s challenges started before he was born. He sur-

vived prenatal complications only to be diagnosed with a host of serious infirmities. His larynx is underdeveloped, which means he is unable to form words clearly. He has cerebral palsy and Lennox-Gestaut Syndrome, a type of epilepsy.

However, he learned to walk without the help of any special devices, and when he reached preschool age Dawn enrolled him in the local public school system.

After initially showing promising signs of improve-ment, Luke was moved to a different facility and started to regress.

“His health declined greatly,” Dawn says. “He started becoming withdrawn, and he was not learning.”

Dawn advocated relentlessly for her son, but with few results. Officials kept changing Luke’s individualized education program (IEP), but he didn’t show any educa-tional progress.

Luke’s troubles culminated in a near-crisis during the 2014–2015 school year. First, the students with spe-cial needs in his school were moved into what Dawn

by DAVE DENTEL

HSLDA Web Content Manager

COVER STORY

“He’s safe now, and he’s learning.”Scott Woodruff, HSLDA’s contact attorney for Missouri, says he clearly remembers receiving Dawn Hoffhines’ membership application last January: “One glance revealed the urgency of her legal predicament.”

Watch the Hoffhines’ story.

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13HOME SCHOOL LEGAL DEFENSE ASSOCIATION | HSLDA.ORG

describes as a “dirty, disgusting, dingy basement” probably tainted with mold. Then she learned that, most likely in response to Luke’s increasingly frequent seizures, he was being restrained in a wheelchair.

When Dawn objected, she was assured it wouldn’t happen again.

But then, on a Friday, Dawn was waiting for Luke at school when he was wheeled up to her, strapped into a mobile chair by a belt around his lap and another belt snug across his diaphragm.

“I lost it,” Dawn admits.She launched a campaign of phone calls, warn-

ing school officials that strapping her son tightly to a wheelchair put him at risk of choking during a seizure. She tried to get Luke transferred to other public schools, includ-ing a charter facility for disabled students, but to no avail.

One day, Luke had to be helped off the bus at the end of a school day because he could barely walk or hold his head up. Then Dawn found marks on his back, the kind her doctor said are caused when blood vessels are con-stricted and burst. It was the final straw.

“I was desperate,” she says.In October, Dawn got a ray

of hope. “I believe I had signs from a higher power sent to me,” she relates. “I saw ads popping up on my Facebook advertising homeschooling.”

Dawn withdrew Luke from school to begin homeschool-ing in November, sent a letter to the admissions officer explaining her decision to homeschool, and even received a letter of confirmation from the school district office.

Then, in February, Dawn was shocked when she

“He’s safe now, and he’s learning.”

Transformed by a safe, loving educational environment, Luke (right) is thriving as he spends time with his family (above) and dog Ruibyn (right).

COU

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14 THE HOME SCHOOL COURT REPORT | 3RD QUARTER 2017

received a summons to appear in court.“I was livid,” Dawn recalls. “I open this letter, and I’m

shaking and angry and scared.” Fearful that the charges were initiated by vindictive officials, she told people, “The school is not done with me.”

After trying unsuccessfully to find a local attorney who could help her, Dawn took the advice of a friend and applied to join HSLDA.

n A coordinated rescueWith only weeks until the scheduled court date, our

team worked quickly on Dawn’s behalf.Kamakawiwoole and Woodruff collaborated immedi-

ately to ensure Dawn had documents showing she was operating a bona fide homeschool to show the judge for her February court date.

HSLDA also arranged for a school psychologist, Dr. Steven Duvall, to travel to Missouri to meet Dawn and evaluate Luke. His report, which he presented to the court as an expert witness, showed that Luke had a good relationship with his mother and was making academic progress. At the same time, Woodruff helped Dawn devel-op a detailed, personalized homeschool plan for Luke.

These combined efforts produced rapid results. In February, Kamakawiwoole flew to Independence to represent Dawn in an initial court appearance, where he requested that the case be dismissed. In March, the charges were dropped and the judge dismissed the case.

Although it makes us happy every time we are able to obtain such a positive outcome on behalf of one of our members, Jim Mason says that winning Dawn’s case represents much more than a single victory. It illustrates how HSLDA is uniquely positioned to offer support to homeschooling families.

While paying out of pocket for comparable services would be beyond the reach of most homeschooling families, Mason says, “One of the great blessings of working at HSLDA is that, thanks to our members and donors, we have the resources to devote to cases that no one else is willing—or even able—to take. You are the heroes who make it possible for us to help courageous parents like Dawn as they fight to do what is best for their children.”

Dawn’s case also illustrates the way some authorities are unwilling to accept that parents can do a great job educating children with unique challenges.

“Even if most school officials have accepted that reg-ular moms and dads can homeschool,” Woodruff says,

— continued on page 25

Like most homeschoolers, Dawn would have been unable to afford the cost of quality legal counsel had she not been a member of HSLDA.

The Cost of Legal Representation

* HSLDA works hard to resolve cases quickly. This cost estimate, based on reasonable hourly rates near Virginia and Maryland, would have been even higher had we not obtained a favorable outcome so early in the proceedings.

Standard Legal Rates*

––––– COM PAR ED TO –––––

HSLDA Membership

ATTORNEY TRAVEL TIME

AND EXPENSES

PREPARATION FOR HEARING

$2,925

$4,850

REPRESENTATION AT COURT HEARING

$325EXPERT WITNESS EVALUATION &

TESTIMONY

$2,714

CONSULTATION WITH ATTORNEY

$500HELP DRAFTING HOMESCHOOL

PLAN

$2,500

$13,184

$120 PAID

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15HOME SCHOOL LEGAL DEFENSE ASSOCIATION | HSLDA.ORG

Lineman school rejects graduate’s homeschool diploma

Though homeschool graduates are considered prize recruits by many colleges, trade schools are some-

times reluctant even to accept them. That’s when our help can make a big difference.

Home School Legal Defense Association recently assisted Bret Deto when he was turned down by a trade college that trains students to work on power lines and equipment.

Northwest Lineman College admissions officers told Bret that they would not accept his homeschool diploma and transcript. They suggested instead that he obtain a GED.

That’s when Bret’s mother contacted us.We wrote a letter to the college showing how Bret’s

diploma complies with California’s private school laws and urging officials to accept his high school transcripts.

Within two weeks, Bret was accepted into the program.His mother’s response to us says it all:

I can’t thank you enough for your help with my son. Thanks to your letter, he is now enrolled in Northwest Lineman College! Fortunately, we did not need your help while we were homeschool-ing, but all these years later, we did, and you came through! I appreciate you and the work you do. I have shared this story with our homeschooling community. Thank you, and God bless!

HSLDA members who encounter similar difficulties should contact us right away.

STATE HIGHLIGHTS

by J. MICHAEL SMITH

public school contacts + social service contacts + discrimination + general legal questions

April–June 2017 members’ legal inquiries to HSLDANATIONWIDE

KEY

Government contacts

Discrimination

General legal questions

April–June 2017 members’ legal inquiries to HSLDA

public school contacts

social service contacts

discrimination

general legal questions

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16 THE HOME SCHOOL COURT REPORT | 3RD QUARTER 2017

“Home school check. Please give us a call.”

In one Kentucky school district, officials have been showing up unannounced at the front doors of home-

schooling families, insisting they are only there to help. But it’s the kind of help that homeschooling parents could do without, and it violates a long-standing state-wide agreement meant to respect families’ constitutional right to privacy.

Several families in the Paris Independent School District reported being visited in February by public school officials. If no one was at home, the visit was marked by a doorhanger. One read, “Home school check. Please give us a call.” It was signed by the princi-pal of the local elementary school.

One homeschooling parent commented on the Ken-tucky Homeschooling Facebook page that it is “disturb-ing that [Paris Independent Schools] have a supply of pre-printed doorhangers ready for when they make unannounced visits to your home.”

Two school officials who visited parent Jenny Griffith at her home said the dis-trict intends to visit every homeschooling family three times this year. As part of their plan to help families, the school offi-cials asked about attendance records and curriculum. Before leaving, one official asked Jenny about meeting her child.

“I got the impression that district staff could become more difficult if I didn’t coop-erate in answering their questions or bring out my child to meet them,” Jenny reported. “I tried to handle the situation as

civilly as possible, without adding any threat to them. I have since renewed my membership with HSLDA!”

n Privacy at riskOur members should be aware, however, that this sort

of intrusive inquiry is not supported by law.Under Kentucky law, a homeschool program operates

as a private school. While private schools are required to keep attendance and scholarship records (i.e. report cards) in the same manner as the local public school, home-schooling parents do not need to open their homes and present these documents simply because a school official comes knocking.

Families who homeschool are exercising their right to direct the education of their children. Because this is a fundamental right, an agreement was reached over 20 years ago between statewide homeschool organiza-tions, including Christian Home Educators of Kentucky (CHEK), and the Kentucky Directors of Pupil Personnel.

This agreement, commonly known as the Best Practices Document, makes it clear that any parents who notify their district within two weeks of the beginning of school that they are teaching their children in their home are presumed to be operating a bona fide pri-vate school. Unless school officials receive some report or have some evidence that the parents are not educating their chil-dren, no further inquiry should be made.

The policy is different for parents who begin homeschooling their children in the middle of the school year. In these cases, families do occasionally receive a visit from their local school officials—like some homeschooling parents who recent-ly began teaching their children in Scott County and Lee County. These families received visits and/or a doorhanger

April–June 2017 members’ legal inquiries to HSLDA

public school contacts

social service contacts

discrimination

general legal questions

by THOMAS J. SCHMIDT

Door hanger distributed to homeschooling families in Paris Independent School District.

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17HOME SCHOOL LEGAL DEFENSE ASSOCIATION | HSLDA.ORG

School wrongly throws family into DCF investigation

One recent afternoon, I took a call from a Home School Legal Defense Association member who

had a Department of Children and Families (DCF) worker at her home investigating alleged educational neglect. The member had already given permission for something we generally advise against: she had allowed the DCF worker to speak with her children individually and without their mother being present.

When I spoke with the caseworker, she assured me she had no concerns about the children’s safety and that the report had been made simply because the family had not yet submitted a homeschool notification.

The mother, who had been preparing to file her notice, had started her family’s school year later than the public school start date and had simply gotten into a different pattern of paperwork submission.

Even though there is no deadline for submitting the annual notification, local public school officials did not like this situation and referred the matter to DCF.

n Part of a disturbing patternHere’s the problem: it is wrong for a school to refer

disputes over homeschooling to DCF. Massachusetts law is quite clear that it is the responsibility of the local school district to manage the state’s relationships with homeschooling families.

Unfortunately, this case represents a pattern of erro-neous referrals across the state, and this pattern is an increasing cause for concern. I am appalled that school

requesting a call back. Most of these school officials want-ed to see the children’s curriculum and work samples.

n Back to ParisLocal CHEK representative and Bourbon County

veteran homeschooling mom Cindy West and I have contacted the Paris Independent School District and explained our legal objections to the home visits of home-schooling parents who are legally operating their private school in compliance with state law. After our contact, the Paris Independent School District has put on hold its

plan to conduct these visits throughout the school year, but we’ll continue to monitor the situation to ensure home visits don’t occur.

If your family is visited by school officials, we urge you to contact us for assistance.

This situation aptly illustrates why it’s important not only to be a member of HSLDA, but also to be involved with a local homeschool organization like CHEK.

And, if your homeschool group is listed as an HSLDA discount group at hslda.org/orgs , you qualify for a discount when you join or renew with HSLDA.

April–June 2017 members’ legal inquiries to HSLDA

public school contacts

social service contacts

discrimination

general legal questions

by MICHAEL P. DONNELLY

A CONTRARIO SENSU{on the other hand}

Send us your story about why homeschooling is the best!

We are always looking for warm anecdotes and true stories to illustrate homeschooling’s humorous or poignant moments. All material printed in the Court Report will be credited, and the contributor will receive a $10 coupon for the HSLDA Store. Submissions may be edited for space. Please be aware that we cannot return photographs.

Send us your story online at:

hslda.org/stories

Or, mail submissions to:

Stories, HSLDA P.O. Box 3000 Purcellville, VA 20134

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18 THE HOME SCHOOL COURT REPORT | 3RD QUARTER 2017

districts are so quick to call in DCF and its highly intru-sive, one-size-fits-all investigative approach.

In this case, I helped our member complete and sub-mit her homeschool notification to the school district. I then sent a follow-up letter to the DCF worker explain-ing that the homeschool paperwork had been submitted and the school board planned to issue the approval letter at its next meeting.

When I next spoke with the DCF worker, however, her attitude was combative and intrusive. She insisted that she needed to visit the family’s home—again—or she would keep the case open. She told me that she had to complete her entire investigation “because the kids are not visible within the community.”

I politely informed the worker that the allegations had nothing to do with the family’s home, and that since the worker had seen and spoken with the children and had no concerns about their safety, our member was well within her rights to decline any further unwarranted invasion of privacy.

The DCF worker became agitated trying to express her reasons for continuing the investigation. Eventually

she got frustrated, told me that the “conversation is over,” and abruptly hung up.

DCF workers are trained to investigate, but regrettably they are not always properly trained in protecting and respecting the rights of citizens.

I sent another letter to the DCF worker reminding her that choosing to substantiate a concern despite the children’s demonstrated safety would be inappropriate and that HSLDA was prepared to defend our member’s constitutional rights to whatever extent necessary.

The DCF worker’s response was a condescending mes-sage that she had received my letter but didn’t read it!

The next communication I received from the depart-ment came a few weeks later in the form of a letter stat-ing that the allegation had been closed as “unsupported.”

Should your family ever encounter a caseworker investigating allegations against you, we urge you to contact HSLDA right away. We professionally and polite-ly communicate the decisions of our members to public officials, and we seek to resolve disputes like this one as amicably as possible.

We wish every school official were this nice

A Home School Legal Defense Association member in Minnesota was recently contacted

by an administrative assistant in the local school district superintendent’s office. The assistant informed our member that she was not complying with Minnesota law because she had not submitted a letter of intent to homeschool her son.

Our member knew her son had not turned 7 before the October 1 compulsory school attendance deadline and was fairly sure she hadn’t needed to file any paper-work. However, she contacted HSLDA just to be sure she was in compliance. We assured her she was.

I then wrote to the superintendent explaining that because the child was not of compulsory attendance age by the filing deadline, our member was in compliance with Minnesota law and did not need to submit any notification at this time.

Shortly after receiving my letter, the superintendent responded. He thanked me for my letter and said that he had re-read the law and agreed that our member was in compliance. “We learn something new every day!” he added.

I appreciate the superintendent’s willingness to re-evaluate his position. As a contact attorney for HSLDA, I frequently write letters to school officials reminding them what the homeschool law is in their state. Not every official is as cooperative as this one was.

April–June 2017 members’ legal inquiries to HSLDA

public school contacts

social service contacts

discrimination

general legal questions

by MICHAEL P. DONNELLY

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19HOME SCHOOL LEGAL DEFENSE ASSOCIATION | HSLDA.ORG

HSLDA persuades hospital to hire homeschool grad

A well-qualified homeschool graduate applied to work at Children’s Mercy Hospital in Kansas City, but

was told his high school diploma could not be accepted because it was not approved by the state of Missouri.

His family asked Home School Legal Defense Asso-ciation to intervene. Senior Counsel Scott A. Woodruff wrote a letter emphasizing that Missouri law says nothing

about who can—or can’t—issue a high school diploma. Because of this, no school needs state approval, permis-sion, etc., to issue a high school diploma.

Any entity that is operating a lawful high school program has the inherent power to issue a diploma as evidence to the world that the student finished the enti-ty’s program.

Not long after receiving Woodruff ’s letter, Children’s Mercy Hospital accepted the graduate’s parent-issued high school diploma and offered him the job.

April–June 2017 members’ legal inquiries to HSLDA

public school contacts

social service contacts

discrimination

general legal questions

by SCOTT A. WOODRUFF

HSLDA opposes daytime curfews. Period.

The New Mexico legislature is considering a bill that threatens to revive a restrictive law-enforcement

tactic Home School Legal Defense Association has combatted for years—daytime curfew laws.

House Bill 53 would allow any municipality or county in the state to adopt a curfew ordinance for anyone under age 16. The bill allows a nighttime curfew between midnight and 5 a.m., and a daytime curfew during school hours on weekdays.

HSLDA is opposed to daytime curfews because they presume that a child who is out in public during school hours is guilty, and they allow local law enforcement to

stop, question, and seize anyone under 16.Most of the time the children who are stopped are

over 16 but under 18 and engaged in perfectly lawful activities—like going to college classes, going to private lessons, or heading to the store at the request of their parents. HSLDA has been involved in numerous situations where homeschooled teens have been stopped, questioned, and intimidated while engaged in perfectly lawful activities. Daytime curfews don’t generally deter crime or reduce truancy, but they do unconstitutionally harass and detain law- abiding minors.

n Homeschool exemption?It’s important to note that H.B. 53 would require any

April–June 2017 members’ legal inquiries to HSLDA

public school contacts

social service contacts

discrimination

general legal questions

by THOMAS J. SCHMIDT

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20 THE HOME SCHOOL COURT REPORT | 3RD QUARTER 2017

curfew ordinance adopted by a municipality or county to include several exemptions. Most of the exemptions are common to these sorts of ordinances, such as when a child is accompanied by a parent or other adult, is going to or from work, or is going to or from a school or religious function. The bill also includes an exemp-tion for a child who is in a private school or home-school program and a student who is not required to be in attendance at a particular time.

So what’s the big deal? Don’t these exemptions make the ordinances harmless for homeschool students? Not at all. While the “homeschool exemption” sounds good on its face, there would still be several problems if this bill were to pass.

First, homeschool students would be stopped and questioned. Local law enforcement would need to verify that any student they stopped was homeschooled. Sec-ond, if a child were stopped and law enforcement was not able to contact the child’s parent or guardian, the child could be taken into custody. In the unlikely event that the parent wasn’t able to be reached within

a six-hour time period, then the officer would have to seek protective custody under the Family In Need of Court-Ordered Services Act.

While the New Mexico bill attempts to placate the concerns of the homeschool com-munity, we remain opposed to daytime curfew bills as they are not effective and hinder the lawful movement of a minor. The New Mexico Legislature adjourned sine die on March 18, so the bill is dead for this session.

New testing law offers flexibility for families

On April 4, Governor Doug Burgum signed House Bill 1428 into law, giving homeschooling parents

more flexibility when it comes to standardized testing.H.B. 1428 provides parents with alternatives to stan-

dardized testing by making two specific changes to the state law:

▶ It exempts from the current standardized testing requirement a parent who is a licensed teacher, college graduate, or who has passed a national teacher competency examination.

▶ It allows any homeschooling parent to claim an

exemption from standardized testing that violates their philosophical, moral or religious beliefs.

Because the new law does not take effect until August 1, 2017, the old testing requirements still apply for the 2016–2017 school year.

If you want to use the philosophical, moral, or religious objection to standardized testing for the 2017–2018 and future school years, you must include notification of your objection when you file your annual statement of intent to homeschool with your school district.

Thank you to everyone who contacted Governor Burgum’s office in support of H.B. 1428. The governor listened—and the net result is more freedom and flexi-bility for North Dakota homeschooling families!

April–June 2017 members’ legal inquiries to HSLDA

public school contact

social service contact

discrimination

general legal questions

by DANIEL T. BEASLEY

If a child were stopped and law enforcement was not able to contact the child’s parent or guard-ian, the child could be taken into custody.

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21HOME SCHOOL LEGAL DEFENSE ASSOCIATION | HSLDA.ORG

When a sick child misses school, it’s not neglect

Trying to do what was best for her struggling son Michael, his mother Royal decided to homeschool

him. Once she began, however, she was met with a frightening and intrusive state investigation.

Michael’s path to homeschooling had begun in the pre-vious year, when he was diagnosed with several serious and chronic illnesses. After he missed numerous days at his local public middle school, educators developed an individualized education plan for him.

Royal felt the plan just wasn’t providing what he needed. She asked the school to consider home-bound instruction (where a school sends a teacher to tutor a sick child at home). But even after numerous requests and medical documentation supporting this approach, they were denied.

Frustrated by what she felt was a lack of concern for her son, Royal decided to withdraw Michael from public school and begin teaching him at home. She had successfully homeschooled an older son and knew that this would be a better option for Michael. After joining Home School Legal Defense Association, she continued the enrollment process with a church-related school.

The public school had recommended a local youth ser-vices agency to the family. However, when an official of the program heard that Michael had missed several days of school, she made a report of educational neglect to the Department of Child and Family Services—even though she knew that Royal had begun homeschooling Michael.

Investigative social workers contacted Royal, seeking to conduct an intrusive investigation including home vis-its and interviews with Michael as well as other collateral contacts.

n Immediate helpRoyal asked HSLDA for assistance.“It never occurred to me that we would actually need

[HSLDA’s] help like this,” she said. “We’re so glad we did [sign up] because not only did we get it, we got help immediately.”

I spoke with the social worker, who was initially not receptive to closing the investigation. I followed up with a letter, in which I explained Tennessee law and demon-strated that because the family was complying with the law, there could be no reason to investigate them for educational neglect.

As I pointed out, this family had done everything

April–June 2017 members’ legal inquiries to HSLDA

public school contacts

social service contacts

discrimination

general legal questions

by MICHAEL P. DONNELLY

A CONTRARIO SENSU{on the other hand}

What a heart!

My eight-year-old son, Isaac, and I had the opportunity along with another homeschooling family to observe the dissection of a cow’s heart. After commenting on the size of the cow’s heart, which was about the size of a football, the father stated that our hearts were about the size of our fists. After returning home from our science field trip, Isaac came in from play with an exciting thought that had occurred to him, “Mom! Mom! Can you imagine the size of that cow’s fist?” he said. The name “Isaac” means laughter in Hebrew, and that’s what I did! I guess we need to visit a farm.

Marilyn H. | Chesterfield, VA

Hooky from home

I had just concluded a pleasant homeschool morn-ing by reading a chapter of Tom Sawyer to three of my daughters. So I was surprised and a little disheartened when five-year-old Muriel announced that she would like to start attending school. None of the girls had expressed this desire before now. Was I challeng-ing her too much? Or not enough? Was I not cut out for homeschooling after all? I tried to rein in my thoughts as I asked, nonchalantly, why? “I want to go to school so I can play hooky!” she replied.

Sandy H. | Berne, IN

CLASSICS Best of 2000!

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22 THE HOME SCHOOL COURT REPORT | 3RD QUARTER 2017

possible to meet Michael’s needs. Far from being neglect-ful, the parents’ decision to homeschool was exactly the right solution for his individual needs.

I asked the investigator to close the case without any further intrusion into the family. After reviewing my letter and supporting documentation, she closed the case.

n Confidence and securityRoyal told me frequently throughout the process

how disconcerting and scary it was to go through this kind of investigation. She described how thrilled she was with the service and support she had received from HSLDA.

“I know we weren’t [HSLDA’s] only clients, but it felt like it at the time,” she said. And having an attorney

“calling me personally about my rights in this matter and calm[ing] my fears was most impressive.”

Our assistance, Royal said, has given her the confi-dence and security to continue homeschooling. “The letter that was sent to the social worker made me feel validated as a parent and gives me the strength to con-tinue on in this journey. We can now put all of our joy, effort, and attention into making the best homeschool for Michael,” she concluded.

Though homeschooling continues to expand in pop-ularity, I still have to defend families against this kind of uninformed suspicion. HSLDA loves to help fami-lies navigate all the challenges of homeschooling. As a member, you and your family can enjoy confidence and security, no matter what obstacles you encounter in your homeschooling journey.

Governor signs bill giving access to pre-ACT

On March 3, Governor Terry McAuliffe signed House Bill 2355 into law.

The new law:

▶ removes from the homeschool statute a snippet of language that had occasionally led school boards to think they had the power to reject homeschool students seeking access to the PSAT test,

▶ gives homeschool students the right to take the Pre-ACT test through public schools, and

▶ requires schools to notify families of the deadline for signing up for the Pre-ACT, Advanced Place-ment (AP), and PSAT tests.

n No more confusing languageLast year, Prince William County Public Schools

refused to let a 9th grade homeschool student take the

PSAT, prompting Home School Legal Defense Associ-ation to seek a legislative remedy.

School officials claimed that they had the authority to forbid 9th and 10th grade homeschool students from taking the test. Their authority for this surprising claim was a problematic snippet of language in the homeschool statute which said that school boards shall notify students “of the availability” of the PSAT. Even though the statute removes all reasonable doubt by also saying school boards “shall make” the PSAT available, school officials claimed that the phrase “of the avail-ability” meant it was their prerogative to decide which homeschool students would get access to the PSAT! Despite my many efforts to convince them that they were totally misunderstanding the statute, they would not budge.

H.B. 2355 wipes out this potential misinterpretation by deleting the phrase “of the availability.” Removing this language emphasizes the core of the law, which is that school boards must make the PSAT available.

April–June 2017 members’ legal inquiries to HSLDA

public school contacts

social service contacts

discrimination

general legal questions

by SCOTT A. WOODRUFF

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23HOME SCHOOL LEGAL DEFENSE ASSOCIATION | HSLDA.ORG

School boards no longer have any wiggle room to claim that they are entitled to decide who gets access to the test.

n Pre-ACTThanks to the new law, homeschool students have

access to a new test: the Pre-ACT. It’s a practice run that gives students an opportunity to estimate how they will do on the ACT college admission test itself. Stu-dents are not required to give colleges access to their Pre-ACT scores, making it a “free shot.” It is offered only through schools, so homeschool students would not have a right to take this test if not for the enactment of H.B. 2355.

n Deadline notificationThe new law also requires schools to tell homeschool

students the deadline by which they must sign up for the tests. Public school systems had occasionally played games and rebuffed homeschool students’ requests to sign up for the PSAT until it was too late. Those games should come to an end now.

n New, possibly confusing test namesThe official name for the PSAT has been changed to

“Preliminary SAT/National Merit Scholarship Qual-ifying Test”—also known by its abbreviation, PSAT/NMSQT.*

The folks who operate the PSAT/NMSQT recently created two new tests—the PSAT 8/9 (intended for 8th and 9th graders) and the PSAT 10 (intended for 10th graders). These tests do not qualify a student for scholarships through the National Merit Scholarship program, however. Therefore HSLDA and Home Educators Association of Virginia (HEAV) did not seek legislation to establish a right for homeschool students to take those tests.

Some schools may nevertheless decide to allow homeschooled students to take the PSAT 8/9 or PSAT 10. However, if you want your child to take the PSAT/NMSQT and not the PSAT 8/9 or PSAT 10, it’s important to be clear when communicating with school representatives.

If your local school insists that your 9th or 10th grader can take the PSAT 8/9 or PSAT 10 but not the PSAT/NMSQT, or if they seem confused about the proper names of the various tests, please notify HSLDA immediately. Because of our work last fall on the Prince William County situation, we are in a position to expe-dite the filing of litigation on this issue if necessary.

n Schools must hit the ground runningH.B. 2355 becomes effective July 1, 2017, just in

time for this year’s administration of the PSAT. If they didn’t dillydally, school boards should have had enough time between March 3 and July 1 to adopt appropriate policies and ensure a smooth implementation for this fall.

I have sent a letter to all school boards reminding them that they need to hit the ground running and have policies that conform to H.B. 2355 ready to go this fall, before it is time to sign up for this year’s October 11 administration of the PSAT/NMSQT. Read the letter at hslda.org/Q317VA .

n Our gratitudeWe greatly appreciate the work of Delegate Brenda

Pogge and Senator Stephen Newman who were key

A CONTRARIO SENSU{on the other hand}

No passing lane

Our 6-year-old, Sarah, was becoming proficient at reading road signs. as we were traveling on a four-lane road that narrowed to two lanes, she exclaimed, “Dad, you went right past it!” “Right past what?” he asked. “That sign said, ‘Do not pass!’” Sarah replied.

Cathy V. | Amelia, OH

Homeschool qualifications

Five years ago when I began homeschooling our sons (now 14 and 16), I heard the inevitable questions from friends about socialization, curriculum, etc. My sister-in-law hesitantly said, “I know this isn’t going to come out right, but . . .” “Go ahead, ask anything you like,” I encouraged. “Do you mean to tell me that any idiot can teach their kid at home?” “No,” I laughed, “it takes a very special idiot!”

Kim R. | Stuttgart, Germany

Trained at home

My friend had begun homeschooling her older chil-dren, but her youngest child was anxious to get started, too. His mother discovered he had been telling others that he couldn’t wait to be “house trained.”

Cindy R. | Leola, PA

CLASSICS Best of 2000!

* For more on PSAT/NMSQT see “Taming the testing jungle” on page 28.

Send in your “A Contrario Sensu” for next issue! See page 17 for details.

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24 THE HOME SCHOOL COURT REPORT | 3RD QUARTER 2017

Senator pulls dangerous bill limiting homeschooling

On March 13, West Virginia Senate Education Chair Kenneth Mann pulled from active consideration a

bill that would have effectively prohibited homeschool-ing and ordered child protective services investigations for parents whose children had accrued 10 unexcused absences from the public school.

After Home School Legal Defense Association, along with state organizations such as the West Virginia Home Educators Association (WVHEA) and Christian Home Educators of West Virginia (CHEWV), sent out a message to our networks about the proposed law (Senate Bill 528), Senator Mann heard from hundreds of homeschooling parents who voiced concern about the bill.

On March 11, Mann met with homeschooling parents Kathie Hess Crouse and Amber Perry. Both are HSLDA members; Crouse is also a board member of WVHEA.

When I spoke with Crouse afterwards, she said that Senator Mann spent over an hour listening to their concerns.

In his official statement posted on Facebook on March 13, Senator Mann announced he has “decided to pull this bill from the Education Committee’s agenda, and it will not run.” Mann also said that his intention was not to infringe on a parent’s desire to homeschool.

“I would not do anything to purposely take away anyone’s personal right to educate his or her child as he sees fit,” he wrote. Rather, he explains, his intent was

to “creat[e] a vetting process” for possible situations in which a “child would be homeschooled in a harmful, drug abusive, and unfit situation.”

West Virginia law already provides a process for ensuring that a child is being given a genuine education through homeschooling.

HSLDA commends Senator Mann for recogniz-ing the harms of S.B. 528 and withdrawing it from consideration.

Homeschooling families comprise a vibrant educa-tional community—one that understands the impor-

tance of freedom and parental responsibility. West Virginia is best served by an educational environment where parents are empowered and trusted to make deci-sions for their children.

HSLDA is pleased to be a leading advocacy organi-zation for homeschoolers in West Virginia. We are also grateful for the support of our members as well as West Virginia’s state homeschool organizations who are mak-ing a difference in the fight for freedom. n

legislative sponsors in this effort. If Delegate Pogge or Senator Newman represent your district, be sure to thank them!

And of course we appreciate the excellent work of

HEAV, our partner in Virginia on these bills and many others in the past. HEAV is a crucial contributor to the strength of homeschooling in Virginia.

April–June 2017 members’ legal inquiries to HSLDA

public school contacts

social service contacts

discrimination

general legal questions

by MICHAEL P. DONNELLY

West Virginia law already provides a process for ensuring that a child is being given a genuine education through homeschooling.

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25HOME SCHOOL LEGAL DEFENSE ASSOCIATION | HSLDA.ORG

“some still cherish the curmudgeonly thought that if they pounce on the weakest, they can drag some of those lost sheep back into the fold.”

n Grateful and empoweredDawn, however, insists her son is not going back.“I’m keeping him at home,” she says. “This is the

best thing I could ever have done for him. He’s safe now, and he’s learning.” Recently, Luke has even gone two or three days at a time without a seizure, and “that’s the first time that’s happened.”

Dawn said she’s now recommend-ing home education—and HSLDA membership—to other parents of children with special needs.

As she wrote in an email to us after her case was resolved:

“[HSLDA] performed a miracle for me and my son. They actually listened to me and, most importantly, they cared! . . . For the first time since my son was born and he started showing signs of

problems, I did not feel alone and desperate.“Oftentimes we parents feel inadequate,

especially when you have a child with severe dis-abilities. It is downright terrifying at times, but with HSLDA, along with Dr. Duvall, I no longer feel inadequate to teach my child. I now know if I need help, I will have it with HSLDA.” n

Life skills to launch your teen.

HSLDA.ORG/PERX DETAILS & OTHER SAVINGS

Enjoy exclusive HSLDA member savings!

Dave Ramsey | Save up to $30 on Foundations in Personal Finance for Homeschool series.

National Driver Training | Get 10% off parent-taught driver’s ed curriculum.

4-H Curriculum | Save 10% on books and educational kits—from aerospace to cooking to veterinary science.YOU

SAVE WITH HSLDA!

COVER STORYcontinued from page 14

What a difference! Dawn is delighted with her son Luke’s progress since start-ing homeschooling.

COU

RTES

Y O

F TH

E FA

MIL

Y

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26 THE HOME SCHOOL COURT REPORT | 3RD QUARTER 2017

T he case of an Illinois grandmother facing unwarranted truancy charges over home-schooling has finally been dismissed with-out having to go to trial, due to the work

of an expert witness obtained by Home School Legal Defense Association.

As we reported last May,* the girl in the case was diag-nosed with a sensory disorder and depression in 2013, so her mother decided it was best to homeschool her. But just before the end of the 2013–2014 school year, the mother unexpectedly passed away. The girl moved in with her grandmother, who continued to homeschool her while she grieved the loss of her mother.

The local school district summoned the grandmother

to attend several truancy com-mittee meetings to defend her homeschool program. Although the committee wanted the girl back in school, the grandmother provid-ed evidence of the emotional and educational progress her grand-daughter had made while being homeschooled.

For months, the grandmother heard nothing from the

by DARREN A. JONES

State admits home- schooling grandma did nothing wrong

LITIGATION

ILLINOIS

Case: In re: H FamilyFiled: January 21, 2016

Invest in the future of homeschooling.Your homeschool legacy can continue beyond your lifetime through a planned gift in the form of a bequest.

Setting up an advised bequest is easy and provides an effective and lasting statement of your commitment to homeschooling and educational freedom.

Use the following statement to include HSLDA’s Homeschool Freedom Fund in your will:

I bequeath to the Homeschool Freedom Fund, in support of the Home School Legal Defense Association, a non-profit organization in Virginia (currently located at P.O. Box 1152, Purcellville, VA 20134), the sum of { ____ dollars or ____ percent of my residual estate}.

hslda.org/plannedgiving

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27HOME SCHOOL LEGAL DEFENSE ASSOCIATION | HSLDA.ORG

truancy committee. Then in January 2016, a sheriff ’s deputy served her with a

summons to juvenile court, alleging that the grand-daughter had skipped school the entire 2014–15 school year!

At this point, the grandmother contacted HSLDA.We pointed out to the prosecutor that all the issues

from the 2014–15 school year had already been resolved, but the state refused to acknowledge this. When they would not dismiss the case, we began to prepare for a trial.

HSLDA engaged a highly qualified professor of school psychology to assess the granddaughter’s home-school program. He prepared a detailed, comprehen-sive report about the girl’s educa-tional achievement and personal aptitude. He also planned to attend the trial to testify about the girl’s homeschool program and educa-tional environment.

After months of waiting for a trial date to be set, we finally received notice that the state had decided to dismiss the case.

Through our involvement in this case, we were able to provide the grandmother with legal services and access to an education expert she would not have been able to afford on her own. We can help families like this because of the generous support of HSLDA members and donors. You can assist our work on similar cases by giving to the Homeschool Freedom Fund at hslda.org/donate . n

HOME SCHOOL LEGAL DEFENSE ASSOCIATION | HSLDA.ORG

© B

IGST

OCK

ARKANSAS | R Family v. Department of Veterans Affairs

CONNECTICUT | C Family v. Social Security Administration

FLORIDA | F Family v. Social Security Administration

GEORGIA | C Family v. Social Security Administration | D Family v. Social Security Administration | K Family v. Social Security Administration

INDIANA | City of Gary v. C Family

MICHIGAN | B Family v. Social Security Administration | F Family v. Social Security Administration

MISSISSIPPI | H Family v. Social Security Administration

MISSOURI | B Family v. Social Security Administration

NORTH CAROLINA | D Family v. Social Security Administration

NEW YORK | Acevedo v. NYC Department of Education | Batt v. Buccilli

OHIO | B Family v. Social Security Administration | Ohio v. B Family | Ohio v. W Family

OKLAHOMA | C Family v. Social Security Administration

PENNSYLVANIA | Ferris v. Hershey Medical Center

SOUTH CAROLINA | S Family v. Social Security Administration

TENNESSEE | In re: P Family

VIRGINIA | B Family v. Social Security Administration | D Family v. Social Security Administration | In re: F Family | Parker v. Austin, et al. | R Family v. Social Security Administration

WASHINGTON | In re: S Family

WEST VIRGINIA | In re: M Family

WISCONSIN | In re: K Family

ACTIVE CASES

We pointed out to the prosecutor that all the issues from the 2014–15 school year had already been resolved, but the state refused to acknowledge this. When they would not dismiss the case, we began to prepare for a trial.

* Read more at hslda.org/Q317litigation

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28 THE HOME SCHOOL COURT REPORT | 3RD QUARTER 2017

T he list of high school testing options never seems to end. It takes serious mental gymnastics just to keep the acro-nyms straight—let alone try to figure out

which tests your teen needs to take!In this article, we’ll look at each assessment option to

help you determine which ones are right for your teen.

n Achievement testsAchievement tests quantify a student’s

academic strengths and weaknesses against a statistically derived grade-ability model. In some states, standardized achievement tests are required by law. Check your state’s home-school requirements at hslda.org/hs101 ).

The three most common standardized achievement tests include the California Achievement Test (CAT, grades K–12), the Stanford Achievement Test (SAT 10, grades K–12—not to be confused with the SAT college entrance test), and the Iowa Test of Basic Skills (ITBS, grades K–12). Parents receive a detailed test score report with either norm-referenced scores, stanine scores, grade equivalence, or national percentile for each subtest and the complete battery.

These tests can alert you to areas where students require more attention in daily instruction and course-work. For example, a low score in reading compre-hension may signal the need for additional focus on developing note-taking skills, reviewing outlining skills, or learning new vocabulary.

n Career interest testsThe high school years provide the perfect opportunity

not only to teach academics but also to prepare teens for future careers. As you help your teen select viable vocations, career interest tests will simplify your role as a guidance counselor.

Most useful when taken in 10th or 11th grade, a career interest test generates an in-depth report of a teen’s strengths, weaknesses, personality, motivations, cognitive abilities, and more. The report recommends various careers that align with a teen’s strengths and lists educational

training requirements. This helps you and your teen deter-mine the best career-related courses to complete during high school and can inform post-graduation plans.

Gaining direction from a career interest report can motivate your teen to see purpose in his school work, as he begins to understand what knowledge and skills are required in the working world. For teens who need personalized direction, several test providers also offer sessions with a career counselor.

For a list of six great career interest test providers, visit hslda.org/testing .

HIGH SCHOOL

Taming the testing jungle

by CAROL BECKER & DIANE KUMMER

HSLDA High School Consultants

HOMESCHOOLING A HIGH SCHOOLER?

We can help! Member families may contact our high school consultants, Carol Becker, Diane Kummer, and Stacey Wolking, for advice on teaching teens. Call 540-338-5600 or visit hslda.org/contactstaff .

• Visit hslda.org/hs101 for an easy-to-understand summary of your state’s law.

• For more information about high school testing and test prep, visit hslda.org/testing .

WE’RE HERE FOR

YOU!

ACT . . . AP . . . ASVAB . . . CAT . . . CLEP . . . CLT . . . ITBS . . . PSAT . . . SAT . . . HELP AHEAD

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29HOME SCHOOL LEGAL DEFENSE ASSOCIATION | HSLDA.ORG

n Tests for college-bound studentsHomeschool students interested in pursuing a bache-

lor of arts or sciences degree from a four-year college or university have a range of exams available to them. We recommend that you visit the admissions website of any college of interest to find out what tests (and minimum scores) the specific institution requires.

The PSAT is now a full series of optional tests. In 2015 the College Board rolled out a litany of PSAT options:

▶ PSAT 8/9 | This optional test has been designed for 8th or 9th graders who aren’t ready for the full rigor of the PSAT 10 or PSAT/NMSQT (Nation-al Merit Scholarship Qualifying Test). It charts a student’s progress toward college readiness. You can register by contacting your local high school in the summer prior to the fall or spring test. Not all testing sites offer the PSAT 8/9.

▶ PSAT 10 | This is also an optional test, and it is the same test as the PSAT/NMSQT. Tenth grade students take it in the spring prior to the Octo-ber PSAT/NMSQT. Parents should register with a local high school at least four months prior to the February/March test date. Not all testing sites offer the PSAT 10.

▶ PSAT/NMSQT (National Merit Scholarship Qualifying Test) | This optional test prepares teens to take the SAT college entrance exam. It is also the initial qualifier for National Merit Schol-arships. Students must take it in the third year of high school (11th grade) to be considered for a scholarship. Parents should register with a local public or private school in the June prior to the October test date. PSAT/NMSQT test scores are never sent to any college, although the Col-lege Board markets a list of high scoring PSAT/NMSQT students to interested colleges.

n College entrance exams: ACT, SAT, and CLT

Many four-year colleges and universities place a high value on college entrance test scores. All college-bound teens should take challenging high school courses and set aside time for test prep. Most students take college entrance exams in the 11th grade and again early in the senior year. Generally, retesting pays off by improving a student’s score.

▶ The ACT, offered six times a year, examines a stu-dent’s subject knowledge in four areas: English,

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30 THE HOME SCHOOL COURT REPORT | 3RD QUARTER 2017

math, science, and reading. This test also offers an optional written essay section. It’s a good idea to find out whether colleges your student is interest-ed in require the written essay section. Register for the ACT at act.org and use the nationwide homeschool code: 969999.

▶ The SAT, offered six times a year, is a college entrance test that measures reasoning ability and consists of a verbal section (reading, writ-ing/language) and math (multiple choice, short response). It offers an optional written essay sec-tion. Check with the admission department at col-leges to which your teen will apply to determine if those schools require the written essay section. Register for the SAT at collegeboard.org and use the nationwide homeschool code: 970000.

▶ The Classic Learning Test (CLT) is the newest of the college entrance tests and offers an alterna-tive to the ACT and SAT. Currently 27 colleges accept the CLT, including Grove City College, Patrick Henry College, Thomas Aquinas College, and Thomas More College. This two-hour test is given five times a year at approved test sites. Reg-ister at cltexam.com .

n SAT Subject TestsA few colleges require SAT Subject Tests for admis-

sions purposes. The 20 different SAT Subject Tests are one hour long and fall under five subject categories: math, science, history, English, and foreign languages.

If your student excels in a particular area, it might be a good idea for him to take

one of these tests. High scores impress college admis-sions officers and help students enroll in honors or upper-level college courses.

Your student may register for SAT Subject Tests at collegeboard.org . The tests are offered six times a year, but not all 20 tests are offered on every test date, so plan ahead. We recommend any SAT Subject Test be taken as soon as your student has completed coursework in the related subject area.

n AP and CLEP tests Advanced Placement (AP) and College Level Exam-

ination Program (CLEP) tests are credit-by-examination assessments where students may earn college credit simply by testing well. Students typically take an AP test after completing an AP course, but the course is not a prerequisite for the test. AP tests are given only once a year in May on a specific date and time. Homeschool students must contact a local school early in the calendar year to make arrangements to take an AP test.

Although not as rigorous as AP exams, CLEP tests are an inexpensive way to earn college credit, and CLEP scores are recognized by over 2,900 colleges. There are 33 CLEP exams, and they may be taken at any time by registering with a test site near you. See clep.college board.org .

Every college has its own policy for what and how many tests it will accept for credit. For both AP and CLEP, please check the policies of particular colleges.

n ConclusionDon’t let the many high school testing options over-

whelm you! Plan ahead and use your teen’s future goals to narrow down the list to the tests that will benefit your student. For more information about testing, includ-ing achievement tests, career interest tests, the PSAT/NMSQT tests, college entrance tests, AP, and CLEP, go to hslda.org/testing . n

When you register for the SAT or ACT, using a homeschool code instead of your local high school’s code allows the testing company to send scores directly to your home instead of to the school where the testing took place.

Don’t let the many high school testing options overwhelm you! Plan ahead and use your teen’s future goals to narrow down the list to the tests that will benefit your student.

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31HOME SCHOOL LEGAL DEFENSE ASSOCIATION | HSLDA.ORG

The to-do list for most homeschooling mothers moving to a new area doesn’t often include joining a charitable organization. But I thought I would try something new.

After I responded to the Home School Foundation’s “Giving Tuesday” invitation to volunteer for a year to help struggling homeschool families in my area, I was challenged with finding a homeschooling family that could use a little help to meet their holiday expenses. Never mind that I was still living in rooms towered high with boxes—this was a golden opportunity!

I contacted a friend from church whom I had come to know well and who seemed to know everyone in this small-town area. Sure enough, she put me in contact with Jennifer, a lively, devoted homeschooling mom who is actively involved in her church and connected with the homeschooling groups and community here.

Jennifer and I enjoyed our chat on the phone. We became instant friends, sharing with each other about our families. She gave me the scoop on local homeschool groups and co-ops. She also told me that she and her family were facing a major job change with a drop in income, a family move, and a lot of

uncomfortable uncertainty. I understood exactly how that felt, as my family had

just weathered such a storm.

I told Jennifer about HSF and how I had signed up to be an HSF Ambassador volunteer. I also told her about the task I was hoping to accomplish, asking if she knew any homeschooling families in the area who she thought could use assistance during the holiday season. Of course she was trying to think of others, but I already knew enough about her situation that I wanted to try to help her.

A few prayerful days went by with texts, emails, and more conversations with Jennifer and others. Finally, I asked Jennifer if she would feel comfortable with me submitting her name for assistance. She agreed, and was so grateful for the grant her family received from HSF at Christmas time. It lessened the load on her family and made their Christmas brighter.

Jennifer and I still get together and our children enjoy playing with each other. Although her family will proba-

bly be moving in the following months, I know that they will always remember HSF as a blessing. I look forward to helping this program take root in my area so that more homeschooling families will have this loving support available to them when they are facing hard times. n

HOME SCHOOL FOUNDATION

A new home, a new way to help

by KIMBERLY BINGHAM

Home School Foundation Ambassador

Kimberly’s new friend Jennifer and her family received an HSF grant at Christmas.

If Kimberly’s story inspires you, why not accept the challenge to become an ambassador with HSF in 2017? It’s not too late to sign up! Visit homeschoolfoundation.org/volunteer .

HSF Ambassador

Program

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For more than twenty years, Samaritan Ministries’ members have been sharing one another’s medical needs, without using health insurance, through a Biblical model of community among believers. Samaritan members share directly with each other and do not share in abortions and other unbiblical practices.

• More than 68,000 families (over 225,000 individuals)*

• Sharing over $23 million* in medical needs each month

• The monthly share has never exceeded $495 for a family of any size*

Biblical community applied to health care

Chad & Destiny“My husband and I look forward to sending our share each

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