Watch for Legislation News in Maine
The Maine Legislature has convened for the new year, and lawmakers are busy
considering proposals that could directly affect your freedom to homeschool.
Be sure to visit the link below on a weekly basis for legislative news about
Maine. Also, stay up to date and informed with HOME's Email Updates. We'll
be letting you know of any issues that need action! For more
information:
http://www.hslda.org/elink.asp?id=3592
Family in Need
Marge Adams is a single homeschooling mother of 6 (ages 2 - 15) from the
Farmington area. Her 9 year old daughter, Jossilyn, had been at the Barbara
Bush Children's hospital with Leukemia. Jossilyn was treated in 2005 and had
been in remission. The website below is being used to collect
donations for Jossilyn and her family. The site is set to take all major
credit cards, echecks and paypal. To donate, visit
http://www.countrymoosekids.com
FROM HSLDA:
In Massachusetts - Educating the Educators
Lorraine Bishop* is one homeschooler who knows the law. This fall,
shortly after submitting her notice of intent to her local Massachusetts
public school district, the superintendent called. He told Mrs. Bishop that
until he approved her home education proposal, her children needed to be
enrolled in public school. She responded, “not according to the law,” and
referred the superintendent to the Home School Legal Defense Association
legal analysis posted online. The superintendent hung up and checked the
HSLDA website. He soon called Mrs. Bishop back to tell her that she could
continue homeschooling and that he would recommend her plan for approval.
After this exchange, Mrs. Bishop contacted HSLDA with gratitude for their
online resources, but this homeschooler can take credit of her own for
knowing Massachusetts homeschool regulations! * Not her real name.
National Publication tells Doctors:
‘Monitor Socialization in Homeschool Patients’
Homeschool families nationwide may face more questioning from their
pediatricians because of recommendations in a recent article in
Contemporary Pediatrics, a national publication for doctors who treat
children. The November, 2006, article was entitled “What you need to learn
about homeschooling.” After a skeptical but not wholly unfavorable
discussion of homeschooling, the concluding paragraph urged doctors to be
“vigilant” in “monitoring” the socialization of their homeschooled patients.
But it did not recommend they monitor the socialization of public school
children. This unequal treatment indicates that the authors believe the myth
that homeschool children fare worse in socialization than children in public
school. We are aware of no studies that indicate this is true. However,
there are several studies that indicate just the contrary—that homeschool
children are better socialized than public school children. Home School
Legal Defense Association Attorney Scott Woodruff has written the authors to
ask if there are any scientific studies that support their decision to
recommend monitoring of homeschool children's socialization. Woodruff also
requested that if they can produce no such studies, that they publish a
follow-up to their article. Meanwhile, at least one Indiana pediatrician
came away with his own conclusions. Shortly after reading the article, Dr.
Robert Dershewitz of Munster, Indiana, wrote an article for the January 28
copy of the Times of Northwest Indiana in which he stated:
“Currently, it would be difficult for one to mount a
convincing argument against home-schooling because what is known, though
not definitive, suggests home schooled children do as well as, if not
better than, conventionally schooled children.”
An Indiana HSLDA member reports that their family
has consulted Dr. Dershewitz for several years. Perhaps it is because of
this first-hand experience watching homeschooled children grow up that he
has a more favorable view of homeschooling. The fruit of home
education—well-adjusted, happy children—is powerful testimony that
homeschooling works.
Washington Times
Op-ed—Fourth Amendment a Learning Tool
by J. Michael Smith - HSLDA
President
When the Home School Legal Defense Association was established in
1983, very few states had laws recognizing a right to homeschooling. We
asserted that the constitutional right of parents to direct the upbringing
and the education of their children encompassed the right to homeschooling.
For religious parents, we asserted that the free exercise of religion
guaranteed by the First Amendment gave them the right to provide a religious
education at home. Ultimately, more than 30 states passed legislation
recognizing this fundamental right. There is another constitutional right
that some homeschoolers have had to become familiar with: the Fourth
Amendment right to be secure in our homes and on our person against
unreasonable searches and seizures by government officials. One application
of the Fourth Amendment for homeschoolers came about when school officials
in Massachusetts, as part of approving a homeschool family’s right to
homeschooling, asserted that the school district should have the authority
to make unannounced visits to the home to determine that the family was
legitimately teaching the children at home. In 1998, the Supreme Judicial
Court of Massachusetts ruled that the Fourth Amendment protected the family
from unwarranted intrusion into their home by school officials. The court
ruled that absent consent by the family, the school district was not
entitled to enter the family’s home. Further, the court ruled that the
school district’s approval of the homeschooling proposal must not be
conditioned on an agreement to consent to home visits. The Fourth Amendment
comes up in another context that homeschoolers uniquely address, and it
occurs in the course of an investigation regarding suspected abuse and/or
neglect of a child. Generally, when police officers or social workers
receive an allegation of neglect or abuse, the first action on the part of
the government official is to attempt to contact the child. Since
approximately 90 percent of all school-age children are enrolled in public
schools, the logical place to contact the child is at his or her school.
States generally allow police officers and social workers to contact
children enrolled in public schools without consent from parents or
guardians. Some states require that school personnel be present, or at least
the child has that option during the interview. The social worker or police
officer will then determine whether any contact with the parents is
necessary. Since most state policies require child-protective services
workers to make contact with the child, that contact with the homeschooling
family will generally be initiated at the home. The initial legal issue when
entrance is demanded to interview the child or inspect the home is whether
the Fourth Amendment applies to this type of government activity. In 1999,
in the case of Calabretta v. Yolo County Department of Social Services,
the U.S. Circuit Court for the Ninth District unanimously affirmed a
lower-court decision finding that the Fourth Amendment applies to a
child-abuse investigation. This is an important protection in light of the
fact that, according to the U.S. Department of Health and Human Services,
only 20 percent of child-abuse reports in 2004 were substantiated. This
means when government officials are investigating an allegation of abuse or
neglect and they do not obtain consent to enter the home, they generally
have to apply to the court to obtain an order to enter the home. That order
must be based upon probable cause (reliable evidence) and supported by an
oath or affirmation as to the facts. An exception to the court order or
warrant requirement is the “exigent circumstance” exception. If police have
probable cause to believe that the child is in imminent danger, they may
enter without consent or a court order. Our forefathers had great wisdom in
enacting the Fourth Amendment. It provides protection from unlawful attempts
to gain entry into homes by government officials. It is one of the hallmarks
of a free society where a man’s home is his castle.
Michael Smith is the president of the Home School
Legal Defense Association. He may be contacted at (540)338-5600; or send
email to
media@hslda.org.
Skating by the books
By Cherise
Ryan - At the age of 8,
Zachariah Szabo (now 17) decided to teach himself ice
skating.
 |
|
Homeschooler Zachariah Szabo placed 13th at the
2007 U.S. Junior Figure Skating Championships.
|
He checked out whole baskets full of library books
on figure skating, studied the diagrams of jumps and positions, and
practiced at a local ice rink. “I usually brought a book on the ice
with me, studied whatever I was working on, and left it on the walls of the
rink while I practiced the move,” explains Zachariah. “One of my favorite
books, Figure Skating with Carlo Fassi, had diagrams and drawings
of each jump, and I tried to follow each position.” “It was difficult to
learn that way but it made ends meet since my parents didn’t have enough
money to spend on private lessons at that time.” Zachariah now competes in
local and national events. He won his first competition at age 9 and
recently won the first place gold medal in the 2006 Intermediate
Championships for the Eastern Great Lakes Region. In late fall 2006,
Zachariah placed 13th in the United States Junior Figure Skating
Championships held in his hometown of Cleveland, Ohio. “The U.S. Junior
Championships were very fun and exciting since they were in my home area. I
did not skate my best, but I feel that my skating skills and spins have
improved since last year’s junior championships,” says Zachariah. He hopes
to skate in the 2008 junior championships and eventually to make it to the
U.S. National Figure Skating Championships, a level preceding the Olympics.
Zachariah’s practice schedule includes hours of on-ice conditioning, and
off-ice dance and tumbling lessons. Several years ago he started working
with two ice skating coaches based in Indianapolis, traveling there every
two months to stay for a week—and more often before competitions. He also
trains with a coach in Cleveland. The teen’s newest venture, a website,
reflects his rising profile. While he originally set it up so that friends
and extended family could stay updated on his competitions, it has turned
into a place for media to find out about him. “I hope that some major
organizations come across it and deem me worthy of their sponsorship,” says
Zachariah. In the meantime, the teenager funds his own skating by giving
lessons. “I decided to teach because I wanted to help pay for my skating and
I also eventually would like to be a coach and a choreographer. Starting
[teaching] at the age I did should give me a lot of experience. I have been
teaching for about three years now.” Zachariah also gives presentations at
libraries and group meetings for kids to “show them that if they want to do
something that their situation doesn’t allow, there are still ways for them
to do it.” He adds, “I hope to be an inspiration for someone who is either
looking for a good hobby or looking to fulfill his or her dream.” An only
child, Zachariah has been homeschooled for 11 years. He is an honor student
who was included in the 2007 edition of Who’s Who Among American High
School Students, and is now a member of Phi Theta Kappa at Cuyahoga
Community College, where he is taking a few classes. Zachariah hopes to
amass enough credits to graduate from high school in 2008 with an
associate’s degree. He would like to then pursue a BFA in photography and
jewelry design. “Being a homeschooler made me very driven and determined in
everything that I do since there was no schoolteacher holding my hand
through each and every step,” says Zachariah. He says homeschooling helped
him cultivate the self-motivation that prompted him to learn about ice
skating through reading. “Homeschooling also helps in my schedule with
skating. Many skaters become homeschoolers so they can have more time on the
ice every day, and they sometimes let their schoolwork slide behind. The
open schedule is just a perk of homeschooling for me. Education is very
important to me (something I pick up from my mom). I am determined not to
let skating take over my schoolwork.” Zachariah enjoys many other activities
and volunteer work, but he hopes to “take skating as far as it will take me
. . . If I make it further [than Nationals], that would be great, but I will
be happy with just making it to Nationals. I think competing internationally
would be awesome, too.” Track
Zachariah’s progress on his
website.
State High Court Protects Parents
Against In-law Intrusion
Maryland’s highest court on Friday overturned 14 years of state
judicial precedent and said that absent exceptional circumstances or
parental unfitness, and detriment to the grandchildren, grandparents have no
right to brush aside parents’ wishes and demand visitation with
grandchildren. The court lined up squarely with principles announced in 2000
by the United States Supreme Court in Troxel vs. Granville. The
family wanted to limit the time the grandparents spent with their children.
The grandparents filed suit and demanded that the court order the parents to
give them more time with the grandchildren. A Maryland statute allowed a
judge to order grandparent visitation if the judge thought it was in “the
best interests of the child.” This subjective standard gave judges a blank
check to substitute their own judgment for that of parents. On appeal,
however, the Maryland high court ruled that it is unconstitutional for a
judge to usurp parental discretion unless “exceptional circumstances” are
present, or the parents have been determined to be unfit, and there would be
detriment to the grandchildren. The high court sent the case back down to
the trial court to determine this. The high court recognized the right to
parental autonomy and said that when the trial court considers the case
again, the parents must be given the benefit of a presumption that parents
act in the best interest of their children. This is in keeping with previous
decisions of the U.S. Supreme Court. The court strictly scrutinized the
grandparent visitation statute because parents’ rights to determine whom
their children spend time with is a right of high constitutional magnitude—a
“fundamental” right. This right takes priority over a right established only
by state statutes, such as grandparent visitation. The right to educate
one’s own children does not stand in isolation. It is supported by other
rights: the right of parents to control the upbringing of their children;
and (often) the right to the free exercise of one’s religion. Home School
Legal Defense Association protects these underlying rights in order to
protect the right to home education itself. We applaud the decision of the
high court. We plan to follow up and evaluate whether Maryland law needs to
be amended to line up with the high court’s decision.