Home Education Magazine

January-February 1998 - Columns

Taking Charge - Larry and Susan Kaseman

Homeschooling Organization's Lawsuit Threatens Homeschooling Freedoms

A national homeschooling organization recently initiated a damaging and ill-conceived federal lawsuit. On August 20, 1997, the Home School Legal Defense Association (HSLDA) filed a lawsuit in San Antonio, Texas, challenging the constitutionality of the federal Gun Free School Zones Act. (Perez v. Reno, US District Court - SA 97 CA 1023) The lawsuit is unnecessary; homeschoolers have not been charged or prosecuted under this act and are not likely to be. However, the lawsuit seriously threatens our homeschooling freedoms.

Fortunately, several homeschoolers in Texas and other states worked hard to bring this lawsuit to the attention of homeschoolers. As of this writing (mid November), the lawsuit is still pending. Two important responses by homeschoolers would help minimize the damage. (1) We can understand the reasons this lawsuit threatens our freedoms. (2) We can figure out ways to deal with homeschooling organizations to minimize future problems.

(1) How the lawsuit threatens our homeschooling freedoms

* The lawsuit undermines our status as private schools. The original lawsuit requested that the court either declare the amended federal Gun Free Schools Zones Act unconstitutional or declare "that home schools are not private schools for the purpose of this Act." (It is incredibly naive of the authors of the lawsuit to think that this provision could be limited to one law, when in fact it would serve as a precedent.) In response to pressure from homeschoolers working on the grassroots level, HSLDA took this sentence out of its lawsuit. However, even the amended version of the lawsuit undermines the freedoms we homeschoolers gain when we are identified as private schools and therefore independent of state regulation. It is unbelievable that homeschoolers would ask a court, directly or indirectly, to deny that we are private schools!

* The lawsuit voluntarily divides homeschoolers into two groups, based on a mistaken understanding of terminology used in state laws. Many homeschoolers have worked hard to keep the homeschooling movement united (while respecting the diversity that exists among homeschoolers). It is very hard to understand why some homeschoolers would voluntarily and unnecessarily divide the movement. * Any lawsuit is risky; lawsuits involving small minorities like homeschoolers are especially risky. Why initiate them unnecessarily?

* Securing exemptions for homeschoolers from legal provisions through either court cases or legislation is a mistake because it will inevitably lead to a legal definition of homeschooling that will increase government control of homeschooling.

* Although both common sense and public opinion recognize that homeschooling occurs in homes (and communities), not in school buildings, the lawsuit voluntarily raises the question of whether regulations obviously intended for school buildings should be applied to the homes of homeschoolers, thereby jeopardizing the sanctity of our homes.

(2) Ways we can interact with homeschooling organizations

* Before joining or supporting any organization, we can find out what strategies it uses to protect homeschooling freedoms, what it has done in the past to help maintain freedoms and what it has done that has undermined or decreased freedoms, whether it has a larger agenda than homeschooling and therefore might sacrifice homeschooling freedoms for some other goal, etc.

* Before we purchase curriculums or seek counseling, credentials, or legal protection from any organization, we can make sure the organization does not act in ways that undermine our freedoms.

* When actions of an individual or organization threaten our freedoms, we can react in ways that resolve the problem but that do not give increased power, prestige, or leadership to those causing the problem. It is often better to discuss issues with other homeschoolers and apply indirect pressure than to respond directly to the organization in question and thereby increase its perceived leadership and power.

* We can respond to threats to our freedoms in ways that do not split the homeschooling community, such as focusing on the issues involved; being calm, reasonable, and polite; and not involving the mainstream media.

For a fuller discussion of these points, read the rest of this column on this site. (Or order the January-February, 1998 issue from Home Education Magazine, PO Box 1083, Tonasket WA, 98855-1083.)

This page or the entire column may be reprinted by homeschooling organizations or support groups as long as the authors' names and Home Education Magazine are included. Please send a copy to Larry and Susan Kaseman, 2545 Koshkonong Road, Stoughton, WI 53589.

(c) 1997 Larry and Susan Kaseman

Larry and Susan Kaseman have been learning through homeschooling with their four children since 1979. Their book Taking Charge Through Home Schooling: Personal and Political Empowerment discusses many of the issues raised in this column. It is available for $14.95 ($12.95 plus $2 shipping and handling) from Koshkonong Press, 2545 Koshkonong Road, Stoughton, WI 53589.

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