Legal / Legislative Updates

MASSACHUSETTS

Failing to File Can Lead to Court!

Please note: Names and some minor facts have been changed to protect family’s privacy.

Dr. Smith and his wife—also Dr. Smith—began homeschooling their young children in 2008 after deciding against enrolling them in a private Christian school. New to Massachusetts and to homeschooling, the two medical doctors were not aware of the legal requirements to homeschool in the Bay State and therefore did not obtain approval from their local superintendent.*

The wife’s family was opposed to the couple’s choice to homeschool. Particularly opposed was her brother, a court officer in the court district where the Smiths lived. The brother called the Massachusetts Department of Social Services (DSS) and alleged that the Smiths were not educating their children or caring for their medical needs.

When DSS contacted the Smiths, they asked Home School Legal Defense Association for help. HSLDA Staff Attorney Mike Donnelly and his legal assistant, Leah Dobler, assisted the family in obtaining approval from their local superintendent for a homeschooling program. Donnelly also represented the Smiths in a child in need of services (CHINS) hearing and successfully argued that the CHINS petition should not even be issued. The DSS investigation was also closed as a result of letters and conversations between Donnelly and the DSS caseworker.

It is important for families to be well informed about the legal requirements to homeschool in their state. By being informed and in compliance with the law, families can avoid situations such as this, as well as needless anxiety and stress.

In this case, the Smith family had to contend with hostile relatives who were willing to use social services and the juvenile court system to pressure them into abandoning homeschooling. Even had the Smiths properly notified their superintendent, a social services investigation might still have been initiated by the report from the family member. Nevertheless, proper paperwork from the superintendent would have reduced the effort involved in dealing with the allegations and the risk of the family appearing before the juvenile court.

HSLDA members have the latest information on complying with their state law at their fingertips—if they do not find the answer to their question in our state legal analyses they can contact our legal department.

— by Michael P. Donnelly