Waldens Wits
Monday, October 30, 2006 at 6:58 PM
Daytime Curfew Laws

Posted in Homeschooling

If you've been homeschooling for a good amount of time, you may have heard of daytime curfew laws. It's one of the ideas being implemented by public education professionals to combat growing truancy rates in schools. Several cities in our nation have put daytime curfews into effect. The troubling part is that more truant officers in other cities are envisioning their own daytime curfews.

An article in the Waco Tribune from this weekend is one evidence of this. Here's an excerpt:

... As it turns out, the student is telling the truth, prompting a discussion between Lewis and the officers about how nice it would be if the city passed a daytime curfew. It would force suspended or expelled students to stay home, or at least indoors, they say. As it is now, they are free to roam the streets.

Consider the following scenario. Your 14 year-old child is returning from the library on her bike when a police cruiser rolls up on her suddenly. The officer emerges from the vehicle, asking to see her ID. When she shows him her library card as her only identification she's carrying, the officer detains her, despite her protests that she's homeschooled, until it's determined that she is telling the truth. By then, she's been handcuffed "for her own safety" and placed in the back of the cruiser, possibly taken downtown. Oh, and you don't hear a thing about it until she gets home, far later than planned and causing you more than a little concern. This scenario is fiction, but sadly, these stories documented by the HSLDA are not.

Harrassment of homeschoolers by truant officers and student attendance review boards is not new, but daytime curfew laws are made usually without any regard to homeschooling families and become a new tool to be abused by truant officers.

The following points were put together by my friend Scott Somerville when he worked for HSLDA. Scott has recently launched the K-Dad Network. Here's an abbreviated version of his summation about daytime curfews:
  • Daytime curfews violate a minor's fundamental constitutional right to freedom of movement as guaranteed by the Fourteenth Amendment on the public streets, highways and areas of the city without being subjected to prior governmental restraint.  
  • Daytime curfews violate the fundamental legal principle of the presumption of innocence. This presumption is protected by the Due Process Clause of the Fourteenth and Fifth Amendments to the United States Constitution
  • Daytime curfews are, in essence, beefed-up truancy ordinances. All states have already addressed the area of truancy in a comprehensive way. There is no need for new laws addressing the issue of truancy. The present laws addressing minors simply need to be enforced.
(Perhaps this point is the most troubling...)
  • Daytime curfews dangerously train young citizens to accept, as normal, constraints that are inconsistent with the freedom they should be educated to enjoy and use responsibly in their adult years.
We have every reason to oppose the election of city and state officials who will be willing to impose this unconstitutional and very dangerous breach of our freedom, yet few are really making waves about it. Do we really want to fight city councils and sue for our children's right to walk outdoors?

Take a few minutes between now and November 7th to look up your candidates and see who has been contributing to their campaigns and who is endorsing them. If they're endorsed by the NEA or your state's education association, how willing will they be to listen to them when a group like that wants to "decrease the dropout rate" by passing a daytime curfew?

I believe in this so much that I will, time permitting, look up any candidate, research them and let you know what I find. All you have to do is to comment in and give me is the name of the candidate and the seat they are running for (including city and state).

Whatever you do, go vote! Give your kids a chance to see democracy in action!

Comments

Tuesday, October 31, 2006 - Untitled Comment

Posted by eyecorn

Sounds like a form of martial law to me! Thought you might appreciate this...last night at dinner our DC's asked if they could play flashlight tag, now that it gets dark earlier (poor things, they really just want to be outside as much as they can and do not like this time change concpet!) Anyways, DH mentions tag being illegal in schools....just saying it sounded crazy. So, how do you explain this type of "adult" thinking or should I say thinking by people who are physically adults to children? What's so frightening is that parents are ok'ing this insanity and we are creating a generation of conformists. Put the no tag issue and the daytime curfew together and they are incremental steps toward a socialist/martial law state of being.....well, my conspiracy theory thought for the day.

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Tuesday, October 31, 2006 - KS-2 Congressional Race

Posted by Scott L

Steve, I took your advice and looked up the democratic candidate for the 2nd Kansas Congressional District, Nancy Boyda (running against, for the 2nd time, Jim Ryun). One of her endorsees is the "National Education Fund for Children and Public Education" (under the headline "National Education Association Endorses Nancy!"). When she was running against Ryun the 1st time (2004) we met her as she was doing the "met and greet" at our local county fair. As my wife described that we were new homeschoolers, Boyda's expression changed from the friendly face of an eager challenger to one that said "Get me out of here!" (My wife is registered as an independent, and although I'm registered Republican, I'm a state employee, so we get mail from all the Dems!)

We weren't planning on voting for her then or now, but following up on your recommendation we can see why her expression changed so rapidly back in '04!

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