Legal / Legislative Updates

MASSACHUSETTS

A Hard-won Victory for a Special Needs Child

Almost a year after Lee and Robin Parker decided to homeschool their son, the family is finally free to do so. Lee Parker, Jr., now 12, was formerly enrolled in Pembroke Public Schools, where he received services for his diagnoses of Asperger’s Syndrome and Nonverbal Learning Disability. However, because the public school was not meeting Lee, Jr.’s needs and his medical problems were frequently keeping him home from school, the Parkers began exploring other educational options.

Courtesy of the family THRIVING AT HOME: Following about a year of challenges to their right to homeschool, the Parkers are now homeschooling their son without interference.

In March 2007, Mr. and Mrs. Parker filed their notice of intent to home educate. In response, the school district insisted that Lee, Jr., continue to attend school until the Parkers received the district’s approval of their homeschool plan. The district then refused to approve the plan, filed a Child In Need of Services Petition, and reported the family to the Massachusetts Department of Social Services for neglect. The Plymouth Police Department also filed truancy charges against Mrs. Parker.

When the Parkers, members of Home School Legal Defense Association, contacted us for help, Staff Attorney Mike Donnelly began advocating on their behalf. Though it took 10 months of communication with the school district, court, attorneys, social workers, and a guardian ad litem, as well as two court appearances, the Parkers finally received approval to homeschool right before Christmas 2007. All charges and petitions have now been withdrawn, and the Parkers are able to focus fully on Lee, Jr., who is thriving at home.

Anti-corporal Punishment Bill Dies

Senate Bill 3922 was introduced in early 2007. The bill, which outlaws corporal punishment of children, caused an outcry among the public, who are overwhelmingly against the measure. After one public hearing in November 2007, the bill remains in committee, where it is expected to die at the end of 2008.

— by Michael P. Donnelly