Homeschooling Court Cases
Advice
How
Rulings in Homeschooling Custody Cases Affect Us All
Homeschooling sometimes becomes an issue for a divorced homeschooling
parent whose ex-spouse opposes it. Homeschoolers who turn such
conflicts over to attorneys and the courts find that most attorneys
and judges know little about homeschooling and many are biased
against it. By Larry & Susan Kaseman, HEM M/J 05.
Protecting
Ourselves from Truancy and CPS Investigations: Avoiding Referrals
The following factors may result in a referral: Pulling children
out of public or private school after a dispute with the school
(i.e.: ongoing truancy problems); custody battles; welfare referrals;
or neighborhood disputes. As long as children are healthy, happy,
involved with the community, and appear to be learning and thriving,
the likelihood of a referral is reduced. By Linda J. Conrad Jansen,
Esq.
Things to know before
citing Case Law
Did you know? When a phrase from a court case is quoted, it makes
a big difference where the phrase was taken from the decision
of that case? by Attorney Deborah Stevenson, Executive Director
of National Home Education Legal
Defense.
Cases - Precidents
Appeal Case
Allows Band Participation
Most home-educated students and their parents tend to march to
a different drummer. However, in Wetzel County one homeschooler
had better be marching to the same drummer, both in beat and
in step, with matching uniform. Greg Hughes, fifteen-year-old
tenth grader, now attends Magnolia High School in New Martinsville,
WV, but only for marching band class.
Brunelle
Decision by the Supreme Judical Court
The plaintiffs sought a declaration that the school committee's
policy to require home visits violates their rights under Massachusetts
law, and injunctive relief enforcing the declaration.
Calabretta
v Floyd
This case involves whether a social worker and a police officer
were entitled to qualified immunity, for a coerced entry into
a home to investigate suspected child abuse, interrogation of
a child, and strip search of a child, conducted without a search
warrant and without a special exigency. The Calabrettas are a
Christian homeschool family in California.
Care
and Protection of Charles
MHLA presents the turning point legislation that is the homeschooling
law for Massachusetts.
Care
and Protection of Ivan
In the present case, it was always open to the parents to work
out an accommodation of their interests along the lines suggested
by school authorities and to resolve the matter by agreement.
However, the judge found that the parents never filed educational
plans that were minimally adequate within the guidelines set
forth in Charles.
Coming of Age in an Unfree Society
In the Commonwealth of Massachusetts, the Bryant family continues
a five-year-old court battle which, though located on the battleground
of homeschooling, is part of the much larger War Against Parents
waged by the Nanny State against those parents who exercise their
right to rear their offspring. By Cathy Henderson.
Evidence for Homeschooling: Constitutional Analysis in Light of Social Science Research
By Deborah Schwarzer, et al. The paper is based largely on the brief that they wrote and submitted about the efficacy of homeschooling.  Download now. You will probably have to join before being allowed to download.
"In re Rachel L." decision - 3/5/08
The "In re Rachel L." decision handed down by the Court of Appeal of the State of California, Second Appellate District, in Los Angeles County, on Febuary 28, 2008, has become too controversial to ignore.
Jones Case: Judges Final Decision
By order entered on January 14, 2003, the court had heretofore
granted the plaintiffs' motion for a preliminary injunction,
thereby allowing the plaintiffs' son to join the Mannington Middle
School wrestling team for the 2002-2003 school year.
Kentucky
home-schooler wins victory
A Kentucky circuit court judge overruled a lower-court's decision
to force a home-schooled teen into public school until she was
18, saying home schooling is a fundamental parental right. By
Julie Foster. World Net Daily, June 6, 2001.
Legal
Case Sometimes Cited by School Officials
People v. Turner (1953), In re Shinn (1961), and Sherbert v.
Verner (1963). Summaries.
Gentle
Spirit Case: Seelhoff vs.
Welch
Interview
with Cheryl Lindsey Seelhoff
Cheryl Lindsey Seelhoff and her husband Rick are the editors
and publishers of Gentle
Spirit, a magazine which explores a wide range of topics
in each issue, including homesteading skills, food storage and
cooking, gardening, growing herbs, homeschooling, parenting,
relationships, and more. By Helen Hegener, HEM S/O 99.
News
Watch Special Report
The report involves a trial - and the elements present in a typical
John Grisham novel; large sums of money, conspiracy, and yes,
even sex. But this real life drama's cast of characters includes
as conspirators business owners who homeschool and target the
conservative Christian homeschooling market. By Linda Dobson,
HEM S/O 99.
Seelhoff
vs. Welch: Introduction
Mark and Helen Hegener. In May of 1997, after almost three years
of harassment, intimidation, and constant worry, Gentle Spirit
publisher Cheryl Lindsey Seelhoff filed suit in U.S. District
Court against several defendants. HEM S/O 99.
Sherman
Antitrust Act
Sue Welch, publisher of Teaching Home was found guilty
of violating this law by her actions toward Cheryl Seelhoff,
publisher of Gentle Spirit.
The
Truth about Cheryl
In early 1994, Cheryl Lindsey was the mother of nine children,
owner of a successful family business, and a rising star in the
Christian homeschool speaking circuit. Her name was widely recognized
and her talks attracted large audiences. By Shay Seaborne, HEM
S/O 99.
Colorado
Case
Colorado
Case Inspires National Support
The Internet is proving an effective tool for supporting the
rights of homeschoolers. Its potential was recently discovered
when a homeschooling mother suddenly found those rights challenged
in domestic relations court. By Shay Seaborne, HEM M/J 99.
US Supreme
Court
Pierce
v. Society of Sisters
268 U.S. 510 (1925) In 1925, the U.S. Supreme Court struck down
Oregon's law prohibiting parents from sending their children
to private schools in Pierce v. Society of Sisters. In its decision,
the Court recognized the rights of parents to direct their children's
education.
Wisconsin
v. Yoder
406 U.S. 205 (1972) In 1972, the Court further defined parents'
rights to direct their children's education in the case of Wisconsin
v. Yoder. The Court recognized the right of Amish parents not
to comply with compulsory attendance laws once their children
completed eighth grade, if compliance would violate the parents'
free exercise of their religion.
Troxel
v. Granville
No. 99-138. In June 2000, the Supreme Court again upheld parents'
fundamental right to make decisions concerning the care, custody
and control of their children. In Troxel v. Granville, the Court
invalidated a Washington state law that allowed a court to grant
child visitation rights to "any person" whenever the
court finds that visitation was in the child's best interest.
The Court ruled that this law unconstitutionally allowed a court
to overrule the wishes of a fit, custodial parent.
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