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Navigating the Legal Waters of Homeschooling by Shay Seaborne |
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New and prospective homeschoolers often worry about meeting state requirements and dealing with division superintendents,
but become empowered by knowing the law, providing only legally required materials, and learning from- and joining with
experienced homeschoolers.
Because homeschooling regulations in the US [For laws in other countries see Regional and World Wide Homeschooling ] are determined by each state, you need to find your state's law and read it until you understand it. Some home education statutes are confusing and vague. Others may be essentially nonexistent, and still more might even be burdensome. It is beneficial to join a discussion list or support group in your state or area, where you can ask for help and learn the nuances of dealing with education officials. You can find laws, discussion lists and local groups indexed at the award-winning National Home Education Network site, which also features an invaluable section for new homeschoolers. You may also find your state law at your public library's reference section. Search the law book index for keywords such as "homeschooling, or "compulsory attendance." Some homeschool veterans recommend you find at least 2 sources of the law and compare text. However, as you will see, local education officials are often not good suppliers of homeschooling information. Be sure to read your full state law, and not anyone's summary, for they are often incomplete and inaccurate. Many experienced homeschoolers believe it very important to provide only what the law requires. To do otherwise may potentially harm homeschooling freedoms. When a number of home educators submit extra information, local school officials come to expect these from all homeschoolers. They begin asking for more than the law requires, which can frighten inexperienced homeschoolers into complying with these new "regulations," creating a vicious cycle of increasing requirements. Usually, school division personnel are simply doing what seems right, thinking, "if many homeschoolers submit 'x,' then it must be required." Perhaps the administrator feels more comfortable if the parents provide extra information. In many cases, the division superintendent simply doesn't understand the law. Administrators are very busy with their school duties and might not feel it important to know the subtleties of the homeschooling statutes, or they may see homeschooling as conflicting with their beliefs--so may present erroneous information. Except for cases where the parent is in willful non-compliance with the state law, it is rare that the local school administrators harass or persecute a homeschooling family. Fortunately, experienced parents understand that most administrators are reasonable people, so they respond politely and confidently. The parents communicate with their local school officials in writing only, and many choose to send the mail with return receipt as proof of compliance. Home educators have used simple letters to stop requests for more than the law requires. The letter indicates the parents have read the state law and see no provision in the law for such a request, but if the division superintendent will provide the exact wording of the law that proves it is required, the parents will be happy to comply. The majority of experienced home educators believe it important for parents to deal with uninformed division superintendents directly. If further action is needed, the experienced homeschool parents in a local support group, discussion list or inclusive state association can offer suggestions and help. The National Home Education Network's Legal and Legislative Information page and the Sonlight Legal Resources Forum can provide additional information and assistance. You may also join NHEN Legislative E-mail discussion list on legal and legislative issues related to homeschooling. For learning in-depth about homeschooling legal issues, peruse Larry and Susan Kaseman's articles at Home Education Magazine. Your best assurance that state laws will not be changed to affect you negatively is your membership and support of a member-directed, inclusive state association. Finding assistance, legal information and educational information are easier when groups and individuals provide a free flow of information, and are committed to supporting everyone's rights. To best serve the interests of all homeschoolers, a state organization's sole intent should be aiding and informing homeschoolers; should not require a statement of faith or philosophy from members or directors, and shall have no religious or political agenda. The National Home Education Network endorses these types of organizations and can help you find one in your state. The best state associations seek members' positions on issues, and act in accordance. They encourage home educators to become involved in a wide variety of groups and networks. An effective state association also screens legislation for potential impact on homeschoolers and offers informative legislative updates-rather than flurries of over-excited "alerts"-and encourages each homeschooling family to determine which bills they support or oppose, refraining from telling members what to think. As well, a good state organization invites members to run for the board of directors, which is elected by the members, rather than appointed. Membership in this kind of state association can provide you unbiased, full information on state legislation that would affect homeschoolers- as well as suggested courses of action. Thanks to the hard work of many dedicated individuals and groups, homeschooling is legal in all 50 states. Still, a tiny minority of organizations uses scary scenarios to frighten parents into paying membership dues, possibly for a form of "protection." These may promote themselves as "homeschooling" organizations, but simply include homeschooling in their religious or political agenda that extends far beyond homeschooling. Before sending a substantial sum to any group, inform yourself fully. Do a meta-search of the Web, such as through www.google.com and see what comes up. A few minutes of your time can help assure that your financial resources go only toward organizations that truly protect homeschooling through empowering individual homeschoolers, and that the organization does not have an agenda to which you might be opposed. Remember that your best guide through homeschooling's legal waters is comprehension of your state law and learning from- and joining with experienced homeschoolers. Carry on! © 2000 Shay Seaborne. All rights reserved. |
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Shay Seaborne writes about a variety of homeschooling topics, including legal issues. Her articles have been published by Home Education Magazine and the newsletter of the Virginia Home Education Association. Read more of Shay's articles via her homepage. | ||
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