June 21, 2005
False Allegation Made Against Family
A Home School Legal Defense Association member family in Harrison County received a letter from their local Director of Pupil Personnel (DPP) stating that he had a complaint that the family was not homeschooling. The DPP dropped the letter off at their home and after receiving no response from the family the next day he wrote another letter threatening to file truancy charges.
Our member family was bewildered by the false compliant made against them, and unsure of how to proceed immediately contacted HSLDA. HSLDA attorney Thomas Schmidt contacted the Harrison County Board of Education and learned that a report had been made to the DPP that the Johnson (not their real name) family was not actually teaching their child at home.
Under the Best Practices Document a homeschool family who has notified the school district of their private homeschool program within the first two weeks of the school year is presumed to be conducting a bona-fide school. However, a DPP may request the scholarship and attendance records if they receive a report that homeschooling is not occurring. If the report is made by a private citizen the DPP must have probable cause for the investigation to continue.
Schmidt contacted the DPP and refuted the allegations made against the Johnson family and explained that they had reason to believe the report was made by a relative who was unsupportive of their decision to homeschool their child. As a sign of good faith, the Johnson's showed their scholarship and attendance records to the school district. The Harrison County DPP closed the investigation without any further action.
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