Fight erupts when school district makes own homeschooling rules

The Home School Legal Defense Association is asking the Virginia state Supreme Court to rein in a school district that is requiring more from homeschoolers "than the law allows."

Jim Mason, HSLDA's vice president of litigation and development, said his organization is defending the Sosebee family, which could face criminal charges for refusing to comply with the demand from Franklin County for birth certificates and proof of residence.

He said HSLDA is trying to make sure "any governing body stays within its own lane" and doesn't not exercise authority it doesn't have.

"The law that lets local school officials change up the lunch menu does not also empower them to tamper with truancy regulations in a way that puts homeschool families at risk of criminal prosecution," he said.

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HSLDA dispatched attorney Peter Kamakawiwoole to a three-justice panel of the state court on behalf of the Sosebees.

The case could impact counties across Virginia and in other states, Mason explained, since regulators often base their decisions on such cases.

Kamakawiwoole explained that if a lower court decision against the family stands, it "certainly would give ammunition to school boards to try to require more things from homeschoolers than the law allows."

He said the statute actually says that schools can make policies as long as they are consistent with state law.

"But Virginia has a homeschool statute that lists the documents parents must provide local officials in order to fulfill homeschooling requirements," he said. "Franklin County’s policy is inconsistent with state law. It’s adding to the homeschool requirements, and only the legislature can do that."

When the Sosebee family received notification of the additional requirements two years ago, it was exempted because it had filed its requests before the change was announced. Then the school district, for the 2018-2019 year, did not seek penalties because the case was under court review.

The family give the child's age and home address but was faced with a demand for a birth certificate and proof of residency.

Last winter, a circuit court judge found there was nothing wrong with the school creating its own policy and requirements for homeschooling.

"Should this ruling stand, every other school district in the state could impose additional requirements on parents who wish to homeschool. This could result in 133 different ways to comply with the compulsory education law, and as many ways to be prosecuted for failing to meet these arbitrary standards," Mason said.

"And if school boards in Virginia are granted unfettered power to change their state’s homeschooling requirements, how many school boards in other states will try to claim that same power?"