Legal Challenges

Handling Homeschool Legal Challenges

Above all . . . Be calm.  Be polite. Be respectful. And Know Your Rights.

In the early days of homeschooling parents feared the “knock at the door” from truant officers or social services workers.  Today, new school officials may flex their muscles by overstepping their power by requesting unnecessary documentation or requirements.

What should a homeschooler do if challenged?

Prevention is always better than a problem.

Part of our mission at Homeschool Legal Advantage is to help you homeschool above reproach.

How do you do this?

1.  Calmly find out, know, and follow your state’s laws.  State summaries are available at our website and we are always available to answer questions.

2.  As you teach your children at home know that you are a “walking advertisement” for homeschooling. Our relatives, neighbors and others we encounter are watching.  It is a good idea to watch your outside activities during school hours.  Try to share some homeschool highlights with your relatives so they might be won over.   Avoid disciplining your child in public, because understandings of what is appropriate vary considerably.

3.  Respecting ourselves and others includes respecting our context within the community.  Leaving children at home alone is always risky, especially if you frequently leave older children home alone with younger children. Is there an appropriate age when it’s OK to leave them alone?  Consider calling your local social services agency to ask their opinion.

But what if the unthinkable happens?  What next?

With the increasing acceptance of homeschooling, a true legal challenge to a family’s homeschool program is unlikely.  While such a challenge is unlikely, it’s important to know what to do and what not to do if you are contacted.

If you receive a phone call . . .

1.  If a homeschooler gets a phone call from someone representing themselves as a school or social service authority, never, never, never give information over the phone.  Make it your goal to GET information from the caller, including asking what has prompted this call and getting complete information about this caller, including the caller’s name, telephone number, title, and the agency they represent. Give yourself time to calm down and consider the request.  Tell the caller that you will either get back to them or that your attorney will get back to them.  Above everything keep calm, as this initial call can set a tone for the entire encounter

2.  If the caller wishes to arrange a meeting, and you agree to meet, allow yourself plenty of calendar time between the day of the call and the day of a future meeting.  You will want to decide on a strategy and/or consult an attorney.  If you do agree to meet, arrange to meet in the bureaucrat’s or official’s office, and definitely not in your home.

If you receive a letter in the mail . . .

1.  Read the letter slowly and carefully.  Make sure you know what is being asked of you and by whom.  If the request is clear and unambiguous (such as asking for a copy of a birth certificate and the law clearly specifies that it is required) it may be best to comply.  Before supplying any information either by mail or in person, check out the authenticity of the person and the agency making the request, as well as the necessity for the information.

2.  If the request is at all questionable, take time to study the issue and consult counsel (your attorney.)  If it means you need more time, write or call the sender to say that you’ll need more time.

3.  Remember, if you mail anything or bring anything to an official’s office, keep copies of what you mailed or brought, for your files.  If you decide to mail any items, mail them return-receipt requested.  This documentation from the Post Office means you will receive proof that the letter you sent was signed for, and therefore received.

4.  An electronic or e-mail notification is not sufficient notice to you of a legal challenge.  Do not reply to an electronic notification of a legal challenge without seeking legal advice.

If a visitor is at your door . . .

1.  First, know that you are entitled to know the reason for any visit.  The visitor may tell you they don’t have to tell you the reason, or they may tell you that they need to come inside your home to talk to you.  Neither of these is true.  Indeed, they are required to tell you the specific allegations that led to their visit.

2.  Be polite, but ask for a business card or an ID badge.  If the visitor wants to enter the home, ask if they have a search warrant.  Without a search warrant, they have no legal authority to enter your home.  Getting a warrant is no easy task.  The visitor will have to demonstrate to a judge that they have probable cause to believe that a crime has been committed, or that some other compelling reason exists for the this agency to violate your Fourth Amendment protection against unreasonable searches and seizures.  That requires a lot more than an anonymous tip or someone’s suspicion.   Remember: No warrant – No entry.

3.  Be calm. If you have a local lawyer (attorney) or are a member of Homeschool Legal Advantage call your attorney on the phone while the visitor(s) are still at your door.  Then hand the phone over to the visitors and have your attorney do the talking.

4.  Be respectful of the visitor(s), but also respect yourself and your family. If the visitor insists on seeing your child(ren) bring the children outside the door.  Allowing an official inside gives them too great an opportunity to go on a “fishing expedition.”  The visitor may request immediate answers to one or more questions, but tell them you will speak to them only after you have consulted with counsel (your attorney.)

5.  The visitor may threaten to obtain a warrant.  Don’t be frightened by this.  Of course, you will fully cooperate if they return and show you the warrant, but chances are they are merely trying to frighten you.  Don’t be frightened, but seek legal counsel.

If you have hired an attorney or have joined Homeschool Legal Advantage and are receiving legal counsel, follow it.  Your attorney is there to protect your rights and should not be second-guessed.  If you disagree strongly with a tactic or approach, you can always get another legal opinion.

In good times and bad Homeschool Legal Advantage is here to help families navigate the homeschool waters.  Our heart is to serve today’s homeschooling family.