Maine Homeschool Day at the Capital!
This year, beginning on
June 10th through June 16th will we will celebrate our 20th Annual Home Education Week in Maine!! To mark the occasion, we have scheduled a Homeschool Day at the Capitol on Tuesday, June 12th. Many events have been planned including tours of the State House, musical presentations, displays, and much more! To find out all the details, sign up for a tour or for more ideas on how to celebrate and be visible during Maine Home Education Week, please visit our website at http://www.homeschoolersofmaine.org/homeedweek.htm

bulletIf you have musical talent and would be interested in helping us to celebrate by performing on that day, please let us know!

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.  

Zachariah Szabo
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.

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