HSLDA Keeps Mom Out of Court over Lost Homeschool Paperwork

A dispute over missing homeschool paperwork nearly landed a Virginia mom in court to answer allegations that had nothing to do with the facts of the case.

In June, public school officials petitioned Tamaia Camp to appear in Juvenile and Domestic Relations Court. HSLDA prepared to represent our member even though the accusations brought against her in legal documents couldn’t possibly have been true.

“It seemed apparent early on that someone had chosen to use the wrong process,” noted HSLDA Director of Litigation Peter Kamakawiwoole. He assisted Tamaia in her dealings with officials at the local public school district and in court.

Kamakawiwoole explained that the document officials filed is typically used in cases involving disruptive public school students whose parents won’t address their kids’ dangerous behavior.

The problem? Tamaia’s son has not been enrolled in public school for years. And no one claimed he was being disruptive or dangerous.

“Their petition had nothing to do with what was actually going on,” Kamakawiwoole said.

“A Better Fit”

Tamaia’s son, who has high-functioning autism, attended public school briefly. But bullying and a lack of academic progress prompted Tamaia to withdraw him. Homeschooling has allowed Tamaia to provide a specialized program that focuses on her son’s unique needs and interests.

“He’s doing very well,” she said. “It’s a better fit for him. He gets that one-on-one attention that he wasn’t getting in public schools.”

Now a 14-year-old in the 9th grade, her son enjoys a wide range of subjects and activities, including math, drawing, and basketball.

Despite his progress, public school officials raised questions about whether Tamaia’s son needed an Individualized Education Plan or would be better served receiving government-funded services. They also alleged that Tamaia’s other school-age children, who attend public school, were enrolled in the wrong district.

These disputes reached a crisis point in April when officials accused Tamaia of yet another offense—failing to include a copy of her high school diploma when she submitted her homeschool notice at the beginning of the school year.

Submitting a copy of a high school diploma is one of four ways parents can prove they qualify to provide home instruction under Virginia law.

Looking for Help

Tamaia contacted HSLDA, explaining that she had submitted her diploma and homeschool notice in August 2023, as required by law. HSLDA advised her to re-submit the documents by certified mail, which she did.

The next thing Tamaia received from officials was a summons to appear in court. This caused her a great deal of anxiety.

“I didn’t know what their intentions were,” she said. “It made me feel like: ‘You’re trying to take my kids.’ ”

Kamakawiwoole reached out to the school district, explaining that officials were failing to follow the procedures for dealing with disputes over homeschool paperwork or allegations of truancy.

“The statutes say that if you are going after a family for truancy, there are several required steps,” he said. “You have to have at least two meetings with parents and then establish a plan with the family for correcting the problem. Not only did they not do that—they filed the wrong kind of petition.”

Victory at Last

At first officials refused to recognize their mistake. Kamakawiwoole prepared to travel to the Virginia Beach area to advocate for our member in court.

Then, after consulting with their own legal counsel, the district dropped the case. The court appearance was canceled.

“It made for a couple of tense afternoons, but thankfully we prevailed,” said Kamakawiwoole. Still, he said it did provoke a certain level of frustration since the entire incident was unnecessary.

“The family shouldn’t have had to face this,” he added. “Laws that protect homeschooling are there for a reason. Districts can’t just make up their own rules.”

Tamaia has since connected her son with a homeschool group that provides tutoring services. Not only is the new arrangement benefitting her son, but it comes with a bonus. The group handles all the homeschooling paperwork on Tamaia’s behalf.