Sarah D., 14, attended a Logan County public high school until her mother filed a legally required notice of intent to home school in November. Nevertheless, officials alleged the student had been truant. Home School Legal Defense Association attorney David Gordon said his client was charged with “habitual truancy,” which means a student has had nine or more unexcused absences in a one-year period, as opposed to “truancy,” which he says is defined as three or more days. The teen was charged by the school district with missing eight days, her lawyer said.
At the Nov. 17 arraignment for the truancy charge, Logan County District Court Judge Sue Carol Browning ordered Sarah to return to the public high school. But because of her daughter's persistent headaches, the mother failed to obey the court order. When Browning learned the mother had not enrolled the child in public school as ordered, she considered the mother to be in contempt of the order and, on her own motion, issued a warrant for the mother's arrest as well as a pick-up order to place the teen in detention.
A higher court nullified both orders, and truancy charges were eventually dropped last month. But two weeks later, a new case was brought against Sarah — whose name must be kept confidential since she is a minor — resulting in Browning's order Tuesday for the girl, again, to attend the government school.
Browning's decision included an order for Sarah to remain in public school until she turns 18. But Kentucky's compulsory education law requires children to remain in school only until the age of 16. Additionally, if the teen misses any more days of public school, she will be placed in juvenile detention for seven days, according to the Home School Legal Defense Association.
“We think this decision is so wrong that we're encouraging that an appellate court will reverse this decision,” said HSLDA president Michael Smith. “Several things we think she (Browning) erred in. Number one, she refused to recognize that the child is lawfully enrolled in a private school that is in compliance with the private school law of Kentucky. Number two, she fails to follow Section 5 of the Constitution which provides that no parent shall be compelled to send their child to any school to which they conscientiously oppose.” He continued, “Considering those two grounds alone, this case should be summarily reversed. Not even to mention that by ordering a child to attend a school against a parent's choice that that's violating a parent's fundamental right to direct the education of a child.”
Section 5 of the Constitution of the Commonwealth of Kentucky, which is part of the document's Bill of Rights, states in part: “… nor shall any man be compelled to send his child to any school to which he may be conscientiously opposed …” Sarah's legal defense team believes Browning's order violates that constitutional protection, which is listed as a “right of religious freedom.”
HSLDA immediately filed a petition for an emergency hearing after Browning's order Tuesday. As of yesterday afternoon, no word had come from the court as to whether the hearing would be granted.
(This update courtesy of WorldNetDaily.com.)
Attorney Calls Home-School Legislation “Set-Up for Intrusion”
by Rusty Pugh
(AgapePress) – An attorney with the American Family Association's Center for Law & Policy says more and more states are attempting to pass laws that intrude on the rights of home school families.
Steve Crampton says the latest example of the government attempting to intrude on home schoolers is a proposal in Mississippi. Legislators there are considering a bill that would require home schoolers to provide the state with a detailed description of each subject they teach.
What makes this different, Crampton says, is that the bill contains a provision that refers to “legitimate” home-school instruction. He says the problem is, what is the definition of “legitimate”?
“It would seem to open the door to government authorities to decide for themselves what's legitimate and what's not, and so set up home schoolers for further prosecution or harassment,” Crampton says.
Crampton believes that these types of bills are designed to allow the government to slowly exert more influence, ultimately to the point of requiring home schoolers to use public school curriculum.
“I think … that's on down the road,” he says. “It's not in this bill specifically, but it's sort of a set up for that further intrusion.”
The bill is currently in committee, and there is no word yet on a possible vote.
(This update courtesy of Agape Press.)
