Problem with Homeschooling & Dept Child Protective Svcs

[upnylou]

as most homeschoolers know, there are a load of different "filing requirements" that parents are supposed to fill out quarterly - on each child - and return to their local public school. well, we've not done that for nearly 5 yrs.

a new school superintendent finally caught up to us and filed an allegation of 'Educational Neglect' with the DCPS, and my wife had a visit one day from one of their case workers. (if i had been home i probably wouldnt have let her in). anyway, i did agree to submit a minimal report, which was 'rejected' by the school.

i feel that none of these people have actual jurisdiction over me, but i dont know what to do about it. what i'd LIKE to do is:

1. get this superintendent into court for filing a false charge. failure to fill out a report, which is all we're actually 'guilty of' (if anything!) is NOT THE SAME as 'educational neglect.

2. somehow get the dcps off my back.

any suggestions about how to proceed?

[fulltitle]

WITHOUT PREJUDICE
Knowing who you are and where you are might help solve problems. "NY"? Hmm.

[scottinalaska]

Upnylou,
Perhaps you need to ask them some questions that would put the ball back in their court. You certainly need to respond so that don't begin proceeding against you yet. Similar to questioning a debt collector, they are saying you owe them your children. Thus, I am suggesting that I might do something like this:

Dear benevolent superintendent,
I cannot competently or properly comply or respond without the knowledge and understanding of all that is involved. An obligation on me has been alleged here. I need answers in writing to many questions before I can fully be informed. I seek full disclosure of all elements of the matter before I can thoroughly understand the situation.

1. What is the nature of the agreement I am under?
2. Where, when, why, and how was the alleged obligation on me created?
3. Am I liable for the alleged obligation?
4. If I am liable, how and when was that liability created?
5. How was the obligation created?
6. Do you require my permission in order to "proceed" against me?

Answers to the questions are vitally important to me, and are a significant part of the full disclosure that is essential for my understanding. I am certain there are answers to those questions and I trust they will not be withheld from me.

I am not an attorney. I do not understand. I do not want an attorney. It is necessary for me, personally, to understand what is involved; what is going on now and what may be contemplated in the future. If the response to the questions is insufficient, then I will be denied the knowledge I must have.

I would like to comply for you with any obligation that is legitimately imposed, but I must know all the facts involved.

Thank you for your prompt response to this honest request.
(optional) - If I do not receive a written response from you or your superior within 10 days, I will consider the matter closed and continue to effectively
educating my children as I have these past years.

love from NY.

There, upnylou, is something you can at least jump into to get the ball back to them! Something on this board we always appreciate is an update on what you do and how things go, so don't disappear now. Let us know the good, bad, and ugly so that we all may learn. A number of us here have experience with homeshoolharassment, so you'll likely get some more input here...or correction to mine!
scottinalaska

[gldskr]

Because of federal and state mandates, children don't learn anything in the public schools anymore, but are force fed drivel which allows them to pass tests. Have your child take the test for the next higher age group. Most kids that are home schooled are ahead of their public school peers. If you've done your job he/she will pass with flying colors and will be prima facia evidence of a "required" report and will nullify their allegation of educational neglect.

gldskr

I am so tired of STRANGERS telling responsable, caring parents what to do with their children, they should worry more about the children who really need help and their own children and I will take care of my own as I have been doing
Dan

[fulltitle]

Originally Posted by Dano

I am so tired of STRANGERS telling responsable, caring parents what to do with their children, they should worry more about the children who really need help and their own children and I will take care of my own as I have been doing
Dan

WITHOUT PREJUDICE
Perhaps the problem is the paperwork that makes the State think said children are their property or whatever.

[trbish]

Look at the definition of Private Schooling versus Homeschooling in NY, maybe you have misclassified yourself. An umbrella school gives the ability to privately educate children at a remote location by whomever is qualified (HS education or equivalent) and the teacher selects the curriculum so children are not 'homeschooled' by the states definition.

[Ice]

If you request any info from them in writing, such as scottinalaska has suggested, maybe that should include questioning their authority over you and your children... and why they believe they have any.

Did you delegate your right to educate your children to them?? Obviously not, since they are home-schooled.

This is a right that you have retained to yourself and must make them aware of that fact.

Ice

[weishaupt1776]

Is the presentment to the ALL CAPS misnomer?

Do you want to take on a fiduciary responsibility for the ALL CAPS dude?

Where's the contract?

I would do the ticketslayer default on this sucker

go to the downloads section

[upnylou]

weis,
"I would do the ticketslayer default on this sucker"

i tried to find that .. what section is it under in Downloads?



scott,

thanks for the suggestion but believe me, i've been that route already. i've submitted several similar letters requesting their authority in this matter, etc etc etc. they ignore them all, and just keep coming back quoting nys 'statutes' that homeschoolers are supposed to comply with.

i've got a copy of brown's lawsuit cookbook and have already pretty much decided i'm going to sue the person for (not sure *exactly* the charges yet) making false allegations, or something to that effect, regarding 'Educational Neglect'. ya know .. theres not even a DEFINITION of what that means in ny!?

i've also just ordered a [used] copy of pressers law of torts to get my stuff in order.