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May 8, 2001

Kentucky: Victory in Truancy Case!

After Home School Legal Defense Association argued against a juvenile judge's decision to force Sarah D into public school until she was 18, a circuit court judge overruled the decision, saying that home schooling is a fundamental parental right.

Mrs. D began home schooling her daughter Sarah last year when Sarah began having health problems. When Sarah was prosecuted for truancy, HSLDA stepped in to defend her.

When the lower court ruled that Sarah was truant and ordered her back to school, Mrs. D immediately appealed the decision.

Circuit Court Judge Gill responded favorably to HSLDA's arguments and overturned the lower court. He found that the lower court had committed a technical violation by prosecuting Sarah for truancy without reporting her absences as required by law. More importantly, he held that Judge Browning had violated Mr. and Mrs. D's fundamental right to home school Sarah.

Sarah is now free to continue home schooling until she graduates.

 Other Resources

Text of Judge Gill's decision