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August 13, 2012

On the Case:

Prosecutor Agrees “No Educational Neglect Transpiring”

Staff Attorney Darren Jones is a member of HSLDA’s litigation team. He and his wife homeschool.

In August 2011, the Warren County director of pupil personnel visited Joslyn Cellard (names changed to protect privacy). Unfortunately, several individuals associated with Ms. Cellard’s former husband had called the school alleging that she was not educating her homeschooled son Michael. Without notifying her about the allegations, the director demanded to review Michael’s educational records and then filed charges against Ms. Cellard for educational neglect. Ms. Cellard immediately contacted Home School Legal Defense Association.

Over the course of several hearings, HSLDA presented proof that Ms. Cellard was homeschooling in compliance with Kentucky state law. In fact, early in the court proceedings, the county prosecutor agreed with HSLDA. She acknowledged no educational neglect was transpiring and was no longer interested in proceeding with the case.

But the judge refused to dismiss the case, mostly because of Ms. Cellard’s former husband’s involvement, and what should have been a closed case proceeded to trial. HSLDA prepared to defend Ms. Cellard’s right to homeschool. In July 2012, HSLDA Litigation Attorney Darren Jones traveled to Kentucky to represent the Cellard family at trial. The day of the trial, the judge agreed to dismiss the case, and Michael will be able to homeschool this next school year.

“Helping members in difficult circumstances is the best part of my job,” said attorney Jones. “I’m looking forward to seeing Michael continue his education at home, the best place for him right now.”

For more details, please see our litigation story in the upcoming fall edition of the Court Report.

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