(a ) The St a te Board of Education s hall a d o pt by this rule a list of a ppr ove d compr e hensive examinations wh ich a r e read i ly available . ( b ) The pa r e nt shall select an examina ti o n fr o m the approved list a nd a rr a ng e t o have the examination a d mini s t e r e d t o the child by a quali fie d neu tr a l pe rs o n, a s defined by rul e of th e Stat e Board of Education. (c ) The parent shall submit the r e sult s o f the examination or the com plet ed e xa mination to the superinten d e nt. I f a completed examination is su bmitt e d, th e s uperintendent shall ha ve it scored and shall notify the par e nt of the results. ( d ) If the superintendent deter min es a fter examining the result of the exa mination that the child is not s howing satisfactory educational pro g res s , a s defined by rule by the S t a t e Boa rd o f Education, the super i nt e nd e nt ma y o rd e r the parent or o th e r pe rson having contr o l of the c hild t o send the child to school for the r e mainder of the school year. ( e ) The parent or other person havi ng c ontrol of the child may a pp ea l the ord e r t o the Superinten d e nt of Publ i c Instruction, whose d e ci s ion in the matter may be app ea l e d to the circuit court.
Until then, Nangle wrote, "par ents may continue to educate their children at home in the same manner a s they are currently doing ... " Nangle's ruling came in a suit brought against state and local school and juvenile-court officials by parents who have taken their child r e n out o f s chool on grounds that edu cation in the home gives them "a means of instilling their own reli gious values and beliefs into their children." At a hearing earlier this year, several parents testified that their families were facing juvenile-court proceedings over removing their child ren from school. .. . Nangle noted that while the state law allows home education, there has been no definition of "sub stantially equivalent" by the legis lature, education officials, or state c ourts . "The parents have not been equipped with an adequate definition of substantially equivalent to inform them of their obligations under the statute." . .. The law, he said, "is a prime example of legislation which yields an unacceptable amount of discretion to officials charged with its enforce ment." . . .
[ DR: ] There i s another clause in the bill which I can only interpret as being intended to close the pri v at e- school route for home school e rs:
Any decision in the class action suit filed by six Texas families (GWS #46) has been delayed until March '86 because the Texas Education Agency failed to notify the 1,100 school dis tricts in the state about the suit . The Texas Home Educators Newsletter says that a number of ot h er prosecu tions around the state have been post poned pending outcome of this case.
SECTION 4 . .. (2) "Private school" means a private elementary or secondary school operated by a person or by a private agency except as pro vided in ORS 339.030 (5), offering e ducation in prekindergarten, kinder garten, or grades 1 through 12 or any part thereof ... [ DR:] The section referred to, ORS 339.030 (5 ) , is the c lause that says children shall not be required to attend public full-time schools if the y ar e "taught for a period equival e nt to that required of children attending public schools by a parent or private teacher the courses of study usually taught in grades 1 through 12 in the public school" that is, the home school exemption.
COURT NEWS Albert Hobart (MO) sent us this July St. Louis Globe Democrat story, with the comment, ii I have mixed feel ings about the decision . It's probab ly a good thing for those folks who have been harassed by school people in St. Louis and elsewhere. But I have a hunch that the new law, when it's finally written, will make test ing mandatory. Thus, many homeschool e r s will feel pressured to imitate th e kind of education offered in pub lic schools . " From the clipping: ... Chief U.S. District Judge John F. Nangle has struck down a Missouri law that has been used to prevent some parents from educating their children at home instead of s ending them to school. Ho wever, because the ruling also c ould leave a void in Missouri law on the matter, Nangle delayed the imple mentation of his order until May 15, 1986, noting that the Missouri Gener al Assembly "has expressed a desire t o allow parents to educate their c hil d r e n a t h ome."
The Irish Times had a story July 20 about a Mayo County farmer, Aidan P. Brennan, who was appealing his con viction for failing to send his two sons to school. Judge Grattan Esmonde of the Circuit Court agreed that the home education was allowable for the younger son, who was in poor health, but stayed any decision regarding the older son pending an evaluation of his academic progress . .
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ALABAMA PARENTS NOT IN JAIL After being jailed for four months, Ed and Sharon Pangelinan were released about the middle of August in Decatur, Alabama. They had been found guilty of contributing to the deliquency of their children by educa ting them at home and not in a public school. They were put in jail because they refused the judge's requests for the children to be brought to court . Recently the Pangelinans turned the custody of their children over to par ents in another state. Since the children were no longer the responsi bility of the Pangelinans, there was no reason to hold them any longer ... Elaine Andreski reported in the Home School Journal about three M~ch~gan homeschooling decisions: - A compromise in the case of the Vass family of Monroe, requiring them to use a certified teacher sever al times a week and submit lesson plans to the local authorities. Judge J . McCauley Seitz remarked "The odd thing is there's a complaint here that these people aren't providing something for their child when
they're really probably providing more than most parents." - A ruling against the Firming ham family of Pontiac, who have decided to move. - And a victory for Pastor and Mrs. Don Milano of Tuscola County, whose children are to be tested annually. In a series of articles about homeschooling in the Detroit Free Press, it was mentioned that a-hOme school case is pending before the state supreme court. What case would this be? Other news in brief: Ontario : A second court hearing for the Prentice appeal has been scheduled ' for November 12. Kansas: A suit similar to the class-action of Texas, asking for a declaratory judgement in favor of homeschools, has been filed in dis trict court. - DR
NEW FRI END LY DISTRICT From Jane Reid of Lowell, MA : . .. We met with Mr. James McMahon, Assistant Superintendent in charge of curriculum development this afternoon. He was very cordial . He offered the use of music, art, physi cal education, and computer lab facil ities . He is going to have the art supply person call me - "Don't ask her what she has, tell her what you need." The supplies are to be deliv e"red to my door when she delivers to the local school' If we want to use the school's books we have only to ask . For evaluation we are to submit a brief sample of the children's work four times a year, with a national achievement test to be administered at grades 3, 5 and 9. He also said he's willing to be listed as a "Friendly School District" .. . [DR : ] Delighted to hear it - see "Additions to Resources" for details . May I remind readers that in the next issue we will be reprinting all our Resource Lists, and it sure would be nice to get a few more "Friendly School Districts" in there. I know that some of you are having excellent relations with your schools, so why not ask them if they'd like to be listed ? When they say Yes, tell us the district name, address, phone, and a contact person and title.
LETTER LEADS TO TV SPOT Ron Edmondson (ME) wrote: ... I'm sure few homeschoolers were awake August 21 at 2:50 or 4:50 AM to see the "Voices" interview seg ment on the CBS Nightwatch show. Fred Graham interviewed me on the diversi ty of the homeschooling movement. I had written to CBS on Friday in response to their request for "causes" or situations that were get ting unfair or inadequate coverage on TV or newspapers. My point was that media coverage of homeschooling con centrates on specific situations with specific families and tends to identi fy whatever style of learning used by that family as the "regulation" style tha t is followed by every family . On Monday afternoon, the pro ducer called, wanting me down that night' I ~nded up flying down the
GROWING WITHOUT SCHOOLING #47