1. Kentucky: Harlan Orders Homeschool Graduate Back to School

A Harlan County family contacted us after being threatened with
truancy charges. Public school officials told the family to enroll
their teenage daughter or face legal action. The greatest shock was
that these officials had willfully ignored the fact that their
daughter had already finished high school.

Read more about it at:
http://www.hslda.org/elink.asp?id=2891

Declaration of Participation Forms

Homeschoolers all across Kentucky have been receiving "Declaration of Participation" forms. Some of the more common forms are in reference to Title II, Part A (Teacher Quality), Title II Part D (Education Technology), Title IV (Safe and Drug Free Schools and Communities), and Title V (Innovative Programs). These are federal programs that provide funds to private schools based upon their enrollment and participation in the various federal programs.

Despite some claims to the contrary by several local school districts, there is no need for homeschoolers to complete these forms and they can be disregarded. Alternatively you may send a simple note to school officials notifying them that you will not be participating in any of these programs.

Homeschool families in Kentucky tend to receive these forms from their local school district due to the fact that homeschools technically are private schools under state law. Since private schools are eligible to participate in several of these federal programs, each public school district is required to notify them of this "opportunity." However, there is no legal obligation for a homeschool program to participate or even declare that they decline to participate.

If a member family has any questions about any forms or documents received from the local school district please don't hesitate to contact us.

February 23, 2006

Australia Needs Your Emails Immediately

Dear HSLDA members and friends,

Recently, Home School Legal Defense Association was contacted by
Anthony White, the homeschool leader in the State of Victoria in
Australia. Their state is facing a bill that will cause homeschoolers
to be placed under the Department of Education's arbitrary authority.

At this time, out of five states in Australia, Victoria has the best
law. Homeschool parents have the freedom to train their children
without any regulations. Unfortunately, this is about to change.

Our brothers and sisters in Victoria are few and not currently
organized. As a result, these homeschool restrictions cannot be
stopped...unless there is an international outcry from the homeschool
community. We are asking you to help our homeschooling friends "down
under" when they need us most. Take a moment and write an email as
soon as possible.

We will send the email, under your email address, to 131 members of
the Victorian Parliament.

You have made the difference before on behalf of homeschoolers in
foreign lands. Please read our "Background" below to see examples of
other countries where homeschoolers in America have stopped bad laws
and help lift restrictions on fellow homeschoolers.

ACTION REQUESTED:

Please write an email to the members of the Victorian Parliament in
Australia and give them this message in your own words:

Please keep homeschooling free in Victoria and amend the proposed
Education Bill. Homeschooling works and parents and parental freedom
to homeschool without these unnecessary proposed regulations is needed
to protect parental liberty. We urge you to remove the need for home
educators in Section 2.1.1(b) and Section 4.3.9 to register and comply
with the Department of Education administrative regulations. If this
is passed homeschoolers will be subject to arbitrary regulations by
the Department of Education who has a prejudicial interest in
homeschooling.

Also, amend Section 2.1.1(b) so that the attendance requirements are
in line with current legislation of the Community Service Act of 1970.
The current legislation already allows the Victorian government to
prosecute families if they are not doing a good job of delivering
"regular and efficient instruction" as is mandated by the code
requiring homeschoolers to provide "regular and efficient instruction"
is all that is needed to protect the welfare and future of the child.
In fact, the current law in Victoria is similar to laws in the various
states in the United States.

If it's not broken, there is no need to fix it. Homeschoolers in
Victoria have been doing a good job training their children. Let
homeschooling remain free in Victoria.

You can also add a paragraph about the tremendous success academically
and socially you are experiencing with your own homeschool. Personal
anecdotes of success are very effective.

Use our online form to send your email.
http://www.hslda.org/elink.asp?id=2863

Your email to Parliament needs to be sent immediately because one of
the key votes is taking place on Monday, February 27. Since Australia
is essentially 14 hours ahead of us, their Monday is our Sunday, so
please send your emails immediately!

BACKGROUND:

Australia needs your help. You can make a difference for the fledgling
homeschool movement in Victoria.

You can view some of our work in other countries by visiting the
international section at http://www.hslda.org/hs/international .

In the past, U.S. homeschoolers have had similar opportunities to help
struggling families in other countries. We have seen some dramatic
results.

South Africa: two homeschool parents were freed from prison and,
eventually, homeschooling was legalized.

Germany: a case against a homeschool family was dropped.

Ireland: home visit legislation was defeated.

Thank you for helping your brothers and sisters in Australia.

Sincerely,

Christopher J. Klicka, Esq.
HSLDA Senior Counsel



The HSLDA E-lert Service is a service of:

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

Topics for February 7, 2006:

1. Suspicious "Truant Officer" in Sanford County
2. Homeschool Family Grilled in Court for an Hour but Case Won
3. Homeschool Graduates Enlisting in the Military Protected by New Law
4. "Home School Heartbeat"--Bringing History to Life
5. Generation Joshua--2006 Generation Joshua Summer Camp 


.....................................................................
1. Maine: Suspicious "Truant Officer" in Sanford County

Home School Legal Defense Association lawyers reassured a
homeschooling mother that she had done the right thing by ignoring a
man who was pretending to be a truancy officer.

Read more about it at:
http://www.hslda.org/elink.asp?id=2820

.....................................................................
2. Texas: Homeschool Family Grilled in Court for an Hour but Case Won

On short notice, HSLDA attorneys helped a Texas homeschooling family
dismiss the truancy charges made against them.

Read more about it at:
http://www.hslda.org/elink.asp?id=2821

.....................................................................
3. Homeschool Graduates Enlisting in the Military Protected by New Law

There is more good news for homeschool graduates seeking to enlist in
the Armed Services.

Read more about it at:
http://www.hslda.org/elink.asp?id=2822

.....................................................................
4. "Home School Heartbeat"--Bringing History to Life

Turn history from a dry collection of facts to a meaningful account of
God's hand in the affairs of men.

Read more about it at:
http://www.hslda.org/elink.asp?id=2823

.....................................................................
5. Generation Joshua: 2006 Generation Joshua Summer Camp 

Registration has now begun for the 2006 Generation Joshua Summer Camp
which will be held August 13-19 at the "YMCA of the Rockies," Estes
Park, Colorado.

Read more about it at:
http://www.hslda.org/elink.asp?id=2824

The school system can NOT require you to inform them of your curriculum or lesson plans!!!  But, some school system employees will tell you that you have to comply with their requirements.  They are wrong.  And I believe that most of them genuinely know better. 

Since the school system is motivated by getting money per student, obviously they would prefer to make homeschooling so daunting that parents just decide that it's not worth the hassle.  Do NOT be deceived.  Kentucky is one of the easiest states to homeschool in.  The school system has no right to your child or their information, other than the letter of intent that you file at the beginning of each school year.

You are required by law to keep a record of attendance and scholarship records for your child, but those don't even have to be sent in or anything!  They are merely your records.  If you click on the Legal category in my sidebar, you will find an entry that tells the exact Kentucky Homeschooling law.  I even have a copy of the recommended letter of intent there as well.  You can not trust the school system to always represent the facts about homeschooling accurately.

Yesterday at our support group meeting, a new family was there that pulled their child out of the Trigg County School System this week. They were given forms that asked questions about curriculum and the such and were told that they would be visited monthly to have their paperwork reviewed.  We had not heard of this happening before, but this parent was told by another parent that she "tried" to homeschool, but that when the school system kept showing up at her door she just decided to put him back in.

Please do not be intimidated or stand for this kind of treatment.  The best thing you can do (after prayer) is to register for an HSLDA membership.  HSLDA is the Home School Legal Defense Association and they are experts in homeschooling laws and parental rights.  By becoming a member, you are guaranteed legal advice and defense if it is ever needed.  If you are an HSLDA member and someone shows up at your door, you can simply tell the school representative to talk to your attorney and HSLDA will handle it. 

Even if you are not an HSLDA member, you still have the rights provided by our US Constitution and the Kentucky statutes.  Print the rights and requirements.  Keep them at hand. Do not fill out more paperwork than required by law and do NOT allow school system representatives into your home. 

The Fall 2005 issue of The Old Schoolhouse Magazine has an article by Claire Novak called What to Do When CPS Comes Knocking.  Lorrie Flem of  Teach Magazine also contributed 7 Basic Principles for When a Social Worker Comes Knocking.  Having those articles alone would be worth it to get a subscription to the magazine.  There are still a limited number of gift bouquets worth almost $300 available for new 2 year subscriptions.  Click here to find out the details and get your own copy! 

Here are the highlights though:

• If someone shows up at your door, do not let them in the door. 
• Ask for a business card to confirm who the person really is.
• Ask what the allegations are.
• If you are an HSLDA member, just call HSLDA and put them on the phone right then!
• Tell them that you will speak to them further, but they need to set up an appointment.
• You do not have to allow anyone into your home with a court order or search warrant.  Know your 4th Amendment Rights!
• If you must meet with them, speak to an attorney and know your legal rights.  Bring a witness or tape recorder to all future contacts and meet in a neutral location.

I don't know anyone personally that has been harrased for homeschooling.  But then again, the school system knows better than to try to get away with these tactics with homeschoolers in Kentucky who know their rights.  Be informed and be confident.

Kentucky High School Graduation Requirements

704 KAR 3:305 Minimum requirements for high school graduation.

Subject  Language Arts

Credits   4

Courses  English I, II, III, IV

Subject  Social Studies

Credits   3

Courses  Credits to incorporate U.S. History, Economics, Government, World Geography and World Civilization

Subject  Mathematics

Credits   3

Courses  Including Algebra I, Geometry, and one (1) elective as provided in the program of studies, 704 KAR 3:303

Subject  Science

Credits   3

Courses  Including life science, physical science, and earth and space science as provided in the program of studies, 704 KAR 3:303

Subject  Health

Credits   1/2

Subject  Physical Education

Credits   1/2

Subject  History and Appreciation of Visual and Performing Arts

Credit    1

Courses  History and appreciation of visual and performing arts or another arts course which incorporates such content

TOTAL: 15 required credits plus 7 electives (22 credits)

NOTE: A local board of education may substitute an integrated, applied, interdisciplinary or higher level course for a required course if the alternative course provides rigorous content and addresses the same applicable components of 703 KAR 4:060 (Academic Expectations). If a substitution is made, a rationale and course description shall be filed with the Department of Education. 

Individual Graduation Plan: Each student shall complete a program that emphasizes career plans and courses a student intends to take. Can be altered by the student and parent.

Dear HSLDA members and friends:

Homeschoolers are succeeding in the battle to improve the regulations within the Individuals with Disabilities Education Act.  If you have not voiced your approval, we urge you to act now!  The deadline to submit your comments in support of the proposed IDEA regulations is September 6, 2005. 

In the draft regulations, proposed in June, language was included in the preamble which would make sure that parents of private and homeschooled children are given the ultimate authority in determining whether their special needs child will be given an Initial Evaluation by the local public school official. This change would clarify that
schools will not lose their government funds if they do not evaluate a child whose parents refuse consent.

However, the regulations are not yet final, and we want to be sure that the homeschool voice is clearly heard by the department of education. If you have not yet done so, please submit comments asking that section 300.300 paragraph (a)(3), as currently interpreted by the present preamble language, be kept as the final regulations. For more details on how to write your comment please visit:
http://hslda.org/elink.asp?ID=2427 or
http://hslda.org/elink.asp?ID=2428

Email your comments to IDEAcomments@ed.gov (you must include "IDEA-Part B" in the subject line) and any letters should be addressed to:

Troy R. Justesen
U.S. Department of Education
400 Maryland Avenue, SW
Potomac Center Plaza, Room 5126
Washington, DC 20202-2641

BACKGROUND:

As a result of the unfortunate interpretation of IDEA, many homeschool and private school families have been harassed by school districts.  Consequently, HSLDA has been locked in a legal battle over whether or not the public school may conduct an initial evaluation of the child without a parent's consent. Ironically, most homeschoolers are not even eligible to receive services under IDEA and yet the school still insists on an evaluation. HSLDA is currently litigating a case with the Missouri Department of Education over this issue.

In December of 2004, HSLDA worked with Congress to pass a new IDEA law, which was more favorable to the interests of parents. In February 2005 the U.S. Department of Education took initial written public comments on the recently passed law. HSLDA issued an e-lert and many of you responded by submitting written comments, urging the department to clarify that the state is not required to pursue an evaluation of a child who is not in public school and not receiving IDEA services.

Your comments were heard. The first draft of the IDEA regulations clarifies the law to protect private and homeschool students. They specifically prohibit a Local Education Authority or agency from pursuing an evaluation of any homeschool or private school student not receiving public education services without parental consent.

However, there will likely be a great deal of opposition to these provisions by professional educators and others. It is imperative that we work together to push back against all opposition to the right of parents to be free from government evaluations of their children.

We are now on the verge of making this favorable change.  If you have not yet submitted a comment, please act today.

If you have any questions, please contact Caleb Kershner, HSLDA's Manager of Federal Policy and Research at 540-338-8661 or NCHE@hslda.org.


Sincerely,

Caleb Kershner
HSLDA Manager, Federal Policy and Research




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The HSLDA E-lert Service is a service of:

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

Sample Letter of Intent

Your letter of intent should be sent by certified mail within two weeks of the first day of public school classes each fall.

 

Date

Director of Pupil Personnel
Name of local School Board
Address of School Board

 

 

Dear Director of Pupil Personnel:

 

This letter is to inform you that our (sons, daughters), (names and ages) will be enrolled in (home school name & mailing address) for the 2005-2006 school year, pursuant to all applicable Kentucky Revised Statutes.

 

Sincerely,
(Your Name)

Legal Requirements

In order to follow Kentucky laws regarding homeschooling and to assure the state that we are actually educating our children, please do the following:

• Send a letter of intent to your county's Director of Pupil Personnel within the first two weeks of each public school year (or upon withdrawal). It is recommended that you send it certified mail and get a return receipt.

•  

• Keep attendance records showing 175 instructional days for the year, 1,050 hours.

• Teach reading, writing, spelling, grammar, history, math, and civics.

• Keep scholarship records, tabulated every 9 weeks or so (same interval as public schools).

For more information on legal requirements, please visit the HSLDA website.