# Not that it effects anyone here, but...



## Micheal (Jan 28, 2009)

Ran across this in one of the local papers........

In town of Glen (Montgomery Co) NY, the parents of 4 childern (ages 8-14) were charged with 4 counts of "Endangering the welfare of a child". The charges stem from an investigation that the parents were "homeschooling" their kids without the approval of the school district.
According to NYS education law the curriculum has to be approved by the district superintendent before "homeschooling" can take place. 
Check of the local school district has shown that the kids were not registered in the district for the last 4 years.

That was about the whole article. The parents were issued appearance tickets to answer the charges in the local court.

Guess one should check the law before "home schooling".......


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## BusyBees2 (Dec 10, 2004)

It is always very important to know the laws of the area in which you are homeschooling. Know them inside & out and be comfortable in case you have to defend them.


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## jmtinmi (Feb 25, 2009)

Home School Legal Defense Association is a wise investment at about $100 a year. Although, being a member doesn't mean that you will be represented by them if you are breaking the law. I also think that their website might give general information regarding individual state regulations.

We are very fortunate here in Michigan. The laws are very favorable for homeschooling.


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## rean (Nov 18, 2008)

Do you have that in writing, Rose? If not, I'd get it.

As with any law, people are aware of them, but choose not to follow. If your caught, then you have to pay the consequences. I do not see how child endangerment applies in their case though.

HSLDA has agreed to represent them.


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## offthegrid (Aug 11, 2009)

Micheal said:


> Ran across this in one of the local papers........
> 
> In town of Glen (Montgomery Co) NY, the parents of 4 childern (ages 8-14) were charged with 4 counts of "Endangering the welfare of a child". The charges stem from an investigation that the parents were "homeschooling" their kids without the approval of the school district.
> According to NYS education law the curriculum has to be approved by the district superintendent before "homeschooling" can take place.
> ...


This is in my area; the local homeschool community is waiting anxiously to hear the whole story. For example, if the family didn't know the regulations (or hadn't followed them faithfully) did the district make any efforts to assist them before having CPS issue warrants for their arrest. (Because.....how does that actually help?) Or, perhaps the family deliberately refused to comply with the state regs and the district tried to help them but in the end had no choice but to involve CPS? 

Needless to say that the local papers have made some really ridiculous statements, for example "According to NYS education law the curriculum has to be approved by the district superintendent before "homeschooling" can take place." This is just not true. 

According to NYS Education Law [I have edited this]:

_Parents must notify the district of their intent to homeschool within 14 days of commencing instruction, to which the district must respond within 10 days; and 

Within 4 weeks of receiving the district's response, parents must submit an Individualized Home Instruction Plan which must include:

(1) the child's name, age, and grade level;

(2) a list of the syllabi, curriculum materials, textbooks, or plan of instruction to be used in each of the required subjects listed in subdivision (e) of this section;

(3) the dates for submission to the school district of the parents' quarterly reports as required in subdivision (g) of this section. These reports shall be spaced in even and logical periods;_

So to begin with, it's obviously a large error to report that "the curriculum has to be approved by the district superintendent before "homeschooling" can take place" since the regs clearly state that a family could legally homeschool for nearly 8 weeks before having to submit their instructional plan anyway.

Not to mention, there is a HUGE difference between the district "approving" the curriculum versus the district being informed of the syllabi, curriculum materials, textbooks OR plan of instruction [note that it is not required to EVER submit curriculum materials if you included one of the other choices]. The district does not have the ability to "approve" a home instruction plan; they are entitled to only determine whether it is or is not in compliance with the state regulations. If the district determines that it is not in compliance, there is a formal process by which the district must proceed including providing the family with the opportunity to appeal. I am VERY curious to know if this process was followed before the local sherrif arrested the parents!

And, for what it's worth, I think this affects EVERY one of us!


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## KatW (Jul 26, 2002)

My understanding is that being members of HSLDA wouldn't have helped the family in the beginning because HSLDA won't take cases where the homeschoolers aren't in compliance with the local laws. This family was not registering as homeschoolers or following any of the state laws. Now that they are agreeing to follow state laws the HSLDA will help them.

The news article I had read earlier mainly was a reporter getting info from a local police officer and it was obvious that the cop a) did not know the laws regarding homeschooling and b) was very biased against homeschoolers so the article came across as very negative. Hopefully other reporters are doing a more balanced reporting of the story.


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## Tracy Rimmer (May 9, 2002)

The number one thing that all new home educators need to be aware of is that one MUST know the regulations inside out, for their own protection. NOT knowing them (or worse, refusing to learn them because "no one should be able to tell me how to educate my kids" ) is just setting yourself up for confrontation, and they can generally afford much better lawyers than you can -- you can't argue what you don't know.

You have to make some effort to learn the parameters of a legal education in your area (and work within them) in order to make sure your child gets the best education possible. Period. Anyone who denies this, or refuses to accept that the authorities STILL retain authority, is fooling themselves, and going to end up in a world of trouble. If you don't AGREE with the regulations, work to change them, but you can do more OUTSIDE of jail than INSIDE.

The old adage says "knowledge is power" and it's very, very true.


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## ErinP (Aug 23, 2007)

I agree rose. (In Nebraska it's a truancy violation, though)

And frankly, what surprised me most was to see a HS family that _hadn't_ dotted all their "i"s and crossed all their "t"s. 

Most homeschoolers I know have ever line of their state's reg. memorized! lol


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## BoldViolet (Feb 5, 2009)

Your children belong to the state, not to you.

That's the government's view of it, anyway...


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## ErinP (Aug 23, 2007)

Oh good heavens... 

Telling someone they can't starve their children, beat their children or even deny them an education does not equate to taking possession... It is for the best interests of the child. 

Do they go overboard sometimes? Of course. 
(Having unfairly been on the wrong side of CPS I wouldn't wish it on my worst enemy!)
But ultimately, protection of children from those who _should be_ doing the protecting is needed far too often to just chalk it up as "jackbooted thugs of the State."


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## FarmerChick (Dec 28, 2009)

WHAT WORRIES me is the parents are the teachers of these kids---UGH

if a parent can't research the correct legal issue to homeschool in their area, how smart can they be?

Arrgh


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## offthegrid (Aug 11, 2009)

FarmerChick said:


> WHAT WORRIES me is the parents are the teachers of these kids---UGH
> 
> if a parent can't research the correct legal issue to homeschool in their area, how smart can they be?
> 
> Arrgh


I don't know that we should assume that they don't know the homeschool regulations; they may have just decided not to follow them. Different issue, but not necessarily one of lack of intelligence.


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## UUmom2many (Apr 21, 2009)

I'm lucky in FL. We just have to send in our letter saying we're homeschooling and then an assessment (which was like a 15 min interview and she looked over their progress for the year) by a certified teacher yearly. I dont know what I'd do if i had to submit lesson plans or calculate hours spent. So much of our "school" isn't book work.


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## FarmerChick (Dec 28, 2009)

offthegrid said:


> I don't know that we should assume that they don't know the homeschool regulations; they may have just decided not to follow them. Different issue, but not necessarily one of lack of intelligence.


Intelligence is a wide birth to give many people!
Lack of comes out ahead alot of times.


If they decide to not follow them after knowing the legal law----then WHAT does that say about them?


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## offthegrid (Aug 11, 2009)

FarmerChick said:


> If they decide to not follow them after knowing the legal law----then WHAT does that say about them?


Well, it doesn't necessarily say that they are stupid. It might say that they disagree with the law, or it might say that they don't care about the consequences. Either way, I agree that it's not going to do their kids any favors.


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## FarmerChick (Dec 28, 2009)

true---sometimes intelligence (or what we preceive to be our own) is over rated and can get us into trouble.

but the circumstances say-----you pull your child from school system-----you would think you "might" suspect some type of legal issue to research and follow.

so for me, I still wonder about "their" intelligence. BUT of course the article is not indepth enough to know all the facts as you brought to light.


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## Oggie (May 29, 2003)

Oklahoma is the only state that has the right to homeschool written into its constitution.

That's what made the state the intellectual powerhouse that it is today.


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## KatW (Jul 26, 2002)

In case anyone was still interested in this families story here is an update: Update on the case from the Times Union


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## ErinP (Aug 23, 2007)

From Kat's link:


> Montgomery County Sheriff Michael Amato said _at least two visits were made to the Cressys at their home seeking their curricula_ and paperwork for the children, but they did not produce it. Amato said the investigation revealed that the Cressys also allegedly did not file paperwork in Fulton County where they previously lived.


How hard would it have been to just give a copy of what they're doing?
Unless, as their anonymous caller suggested, they weren't actually doing _any_thing? 
(And before anyone jumps me, there is a _very_ big difference between un-schooling and doing nothing.)

I don't know about everyone else, but I've known of at least one home school family that did very little actual schooling. The kids were home so they could help Mom, or Dad, depending upon their gender. In fact, the 15 year old was looking forward to the day he could quit school at 16, so he could just work with Dad. 
Mom and Dad thought that was fine! Twelve years later, I've often wondered if they regretted that decision...


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## KatW (Jul 26, 2002)

from the The Schenectady Daily Gazette:



> Editorial: What was home-school parents' crime?
> Friday, January 15, 2010
> 
> If Richard and Margie Cressy, of Glen, had kept their four kids
> ...


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