(slightly off topic... I'm glad to know that it only matters if we're in compliance with our state of residence. I was considering allowing my mom to take my 7 yo for a month between her two visits [pick him up when she comes the first time, bring him back when she comes the second] but I wasn't about to try to navigate PA's hs laws. Since MO is pretty dang open about who can hs your children [read: no 'private tutor' junk to worry about] then I wouldn't have to worry at all about my mom doing it. I was thinking in terms of public school. If I sent my son to Pittsburgh with my mom and he was in ps, then he'd be transferring to a new school and have to enroll in classes according to the new school, which is in compliance with the state of PA. MO law wouldn't matter at all in that scenario. I thought it would be the same for HSing. SOOOO glad it's not!)
Glad to hear that you're going to contact an attorney. Once you do this, He/She will be able to advice you on how best to proceed. I'll be praying.
Let us know how you make out, I wish the info I could share would have been happier news, but really the law is the law, and even though it sucks to live in a state that has such rigid laws, but at the same time it's not much more record keeping and paperwork than I would do even if it wasn't required.
It doesn't matter if they receive it by tomorrow. What matters is that you have attempted to follow the law. It will make you look a lot better in the eyes of the law. You will have a certified mail receipt stating that you have filed the affidavit trying to rectify the error of noncompliance. I would also start getting together something that could resemble a portfolio if necessary. A list of curriculum, an attendance sheet, some samples.
I already have stuff together, so that was never the issue. BUT according to the letter I received from Human Services, the kids HAVE to be enrolled in an educational setting by Wednesday, February 24, 2010, or a court petition will be filed and your children will be adjudicated dependent. And so, since THEY will not have received the papers, they can still file a petition, and it go to court, for the proof of the mailing to come to play. I don't know how easy it would be to pull a petition or how willing they would be to pull it.
Did you talk to a lawyer... I'm sure HSLDA would help with some things, at least give you some advice. I do think that once you have the letter sent certified mail it is considered sent.. make sure you send it return reciept and keep the reciept from the notory office... and photo copies of it all. You have a few hours before the post offices close for the day.. I would get out there and do it now. Or if the HSLDA or another attorny feels that won't be good enough, then I would hurry and enroll then in school. You can always turn around and file your affidavit and pull them back out... as long as they haven't found you in noncompliance of the homeschooling laws at a due process hearing (because then they can make you not be allowed to homeschool for a year I think it is).
I don't even know if I have everything to enroll them in a ps, I know I cannot find my one dau's BC, cannot imagine how I lost only 1 out of our 6 total-5 still together in a special file. LOL and yes it is 12 months for each child, but not until after a full hearing process. I am trying to get my printer working-new computer/new printer, so I can print everything out. Worst case, I may have to race to the library and hope their stuff is available to print, LOL.
Good luck, keep us posted. Yeah I just put my oldest back into public school and had to have his shot record and birth certificate.. thanks for reminding me I never put them back in the safe
Lelanii, I think the laws you quoted are for those that HAVE registered (ie: sent in their paperwork). If, for some reason, the super doesn't feel the parent(s) are doing like they said, he can ask for documentation. Since you have NOT filed, your children ARE truant in their eyes. They have NOTHING to say that you're homeschooling them. Now, I would guess that if you bring your documentation to them at the hearing or meeting or whatever to show that you have in actuality HAVE been teaching them, and tell them that you misunderstood the law, since your children were out of the state so much, and then show how you are NOW trying to be compliant, maybe they will let it go. I mean, it's NOT that you've been neglecting their education.
I havent read all of this because it is so long. But if the kids were spending the bulk of their time in another state, as in living there, then they LIVED in another state and PA law should not apply. If your kids have serious health issues that keep them from participating regular in school, you need to get those records. You must keep a log. Do you have med records? receipts to show that you bought material? You can call libraries and they can usually give you a printout of what you have checked out for the past 12 months. Subscribe to mags? or members of ANY club or organizations? Any music lessons? Swim lessons? Photos or videos of your kids doing school related projects? any of that can be a part of your homeschool journal. sample of artwork or any other work or tests they have had. Other than that, you will need an attorney. Without one, good luck.
Peanutsweet, it depends on where taxes are paid. If their permanent address is PA and the parents pay PA taxes, then they report to PA.
They had appointments and such in PA, the parents of the children resided in PA and it sounds like no one else out of this state had legal gaurdianship of these children... so they are residents of PA
I have checked into something similar through our travels and I know that when we worked in California they would give us three months and then the state wanted us to turn our homeschooling over to that state, even though we have a residence and pay taxes in Michigan. I would always check HSLDA to find out how long I had before I needed to make any changes and every state was different. In our case we as the legal parents were with our children in these states teaching our children so our case was a little different. But overall the states all demanded something different from us and it was up to us to follow these rules.
Sorry to say... sometimes it's better to comply, enroll and then find a way to legally withdraw them again. I just wouldn't want to risk court problems or loosing the kids. Praying it works out for you!
Lee, you were usually at a location somewhat long term right (as in months at a time, without going home to go to the dr, etc.)? I think that is the difference, also it sounds like here the children were the only ones out of state, not the parents, which makes a huge difference too
Maybe it depends. My friend was in Florida for close to six months, and they still had to report to Ohio.
I think the state issue is irrelevant at this point because, from how it sounded in the OP to me, the kiddos were home with mom all this school year.
I agree with the PP who said that the law will not protect you if you did not file an affidavit. Those guidelines are there for those considered to be homeschoolers. Not filing the affidavit means that regardless of the facts, in their eyes your children haven't been attending school at all and have been truant. The way they are handling this seems off. A lawyer is a great idea, do not delay that. I agree that if you have everything gathered to prove you've filed in another state, your children have been having school and you can provide evidence of that, you will likely be okay if you move to come immediately into compliance. As for your older child, I offer my sympathies to you. I know what it can be like living with someone who is mentally unstable and violent. Our son has had problems and we've made some great strides with him, but I know what it's like to see a dark future for your child and the emotional stress that comes from that and trying to maintain normalcy for the other kids. It's all consuming, so it's easy for me to understand how this would not be your top priority. Keep us posted.
