When HSLDA helped these military veterans win extended benefits for their homeschooled children, we thought the issue had been settled. Apparently not.
Both April and Damon Brown proudly served in the United States Army and have since retired from military service. As a matter of policy, they are eligible to receive various benefits through the US Department of Veterans Affairs (VA), including additional payments based on the number of their dependent children.
These benefits are generally guaranteed until the child’s high school graduation and can continue until age 26 if the child pursues further education. However, if a student is still in high school after their 18th birthday, the family must submit a “Request for Approval of School Attendance” to ensure benefits continue until graduation.
In the early 2000s, Home School Legal Defense Association fought for and won a resounding court victory for a military family in Wisconsin whose benefits had been denied based solely on homeschooling. That victory led to a change in military policy, so that now as long as the family homeschools in compliance with state law, children 18 and older who have yet to graduate are still considered “in school.”
Their history with the VA
For three consecutive years, the VA rejected the Brown family’s request for approval for their older two daughters, mainly due to misunderstandings of Oklahoma homeschool law. For their oldest daughter, the VA stated that it needed documentation verifying that the homeschool was “approved by the state authority that determines educational standards.”
For their second daughter, the VA rejected the benefits based on erroneous reports of veterans’ service representatives at the public school district where the Browns live. It is unclear why the VA contacted those representatives, but their misunderstanding of homeschool law likely directed these federal officials to ask the district if the Browns’ second daughter was enrolled in a recognized homeschool program.
After HSLDA filed multiple appeals regarding the two daughters, benefits were eventually extended until the students’ graduations. We thought the job was done!
But no. The Browns have two more dependents under 18, and the VA in Oklahoma is still causing problems.
To preemptively avoid another rejection, appeals process, and delayed benefits for their next daughter, the family asked HSLDA to write a letter again explaining Oklahoma homeschool law and VA policy on homeschool students. We sent both the letter and the family’s application for extended benefits last week and hope that the VA will allow a smooth transition of benefits. If the VA continues to deny benefits, though, we are standing with that family and will continue to assist in their appeals, as we did with their older two children.
HSLDA members are welcome to contact our legal team to discuss the VA’s “Request for Approval of School Attendance” and other recommended items to document that a veteran family is legally homeschooling. Please don’t hesitate to contact our team if you have any questions or need help to show compliance with your state’s homeschool law.