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THSC Association

Letter to Alvarado ISD

November 27, 2006

Mr. Danny Phillips

Attendance Officer

Alvarado I.S.D.

P.O. Box 387

Alvarado, Texas 76009

Dear Mr. Phillips:

I am writing in response to your filing of charges against Mr. and Mrs. L_____ C____, members of our association.  On October 31, 2006, Mrs. C_____ withdrew their children from Alvarado Elementary North, after a meeting with the principal and teachers of her fourth-grade child.  This withdrawal was accomplished by her signing of a withdrawal form, which was also signed by Ms. Lori Nunez, principal, and Christy Shook, secretary.  Mrs. C_____ also signed a form for each of her children titled, “Home School Verification Form,” on which a blank for “PROOF OF A HOME SCHOOL CURRICULUM PRESENTED BY PARENT/GUARDIAN” was checked no.  Below that, in a box titled “FOR TRUANT OFFICER USE,” was a blank for date of “HOME VISIT” and “HOME SCHOOL CURRICULUM IN PLACE?” followed by blanks for yes and no.

Following the withdrawal of their children, Mr. and Mrs. C_____ had no inquiry from the school seeking any information about the family’s curriculum or home school.  The family had never been contacted by the school regarding absences.  However, on November 16, Mr. and Mrs. C______ were served with a summons to appear in the Justice of the Peace Court Precinct 3 on charges against both parents for “contribution to nonattendance” and against each of their children for “failure to attend school.” 

In this package of court documents was a letter you signed, which says, “The purpose of this summons is to verify that your child is enrolled in an accredited home school.  The Attendance Laws of Texas requires (sic) that all students, until the age of 18, must be instructed with a curriculum that will ‘provide educational needs of a child, so that she or he can achieve success as an adult in society.’”  You go on to state, “I hope you understand.  This inconvenience on your part and our reasoning for asking you to verify instruction is done for the sake of your child.  We as a school district are mandated, by law, to insure that all students of this community are educated to the level of their abilities…Please be prepared to provide the curriculum in which your child is being instructed.” 

Mr. Phillips, the courts of the state of Texas have determined that home schools are private schools (unaccredited) and, as such, that students enrolled in those schools are exempt from the compulsory attendance laws. 

Home school families are not required to present their curriculum to school officials for review; neither are home schools or their curricula subject to oversight or monitoring by public school officials.  I have enclosed the most recent letter from the Texas commissioner of education on these issues for your review. 

Finally, it appears that you and Alvarado ISD have violated a Texas Supreme Court ruling in the prosecution of the C_____ family, and if we are required to defend our member family in the Justice of the Peace Court against this illegal action, we will file suit against you and/or Alvarado ISD in Tarrant County District Court, the court which originated the Leeper v. Arlington ISD case, for violation of that ruling and will seek court costs, plus attorneys’ fees, and pursue any other remedies available to us.  To avoid this action, I would suggest that you drop the charges against the family and amend the district’s policies and/or procedures regarding home schooling families.

Sincerely, 

Tim Lambert

Enclosure: Commissioner Letter

cc:  Mr. and Mrs. L______ C______ ; Ms. Lori Nunez, Principal, Alvarado Elementary North; Dr. Chester R. Juroska, Superintendent, Alvarado ISD; Dr. Shirley J. Neeley, Commissioner of Education; Robert Scott, Chief Deputy Commissioner of Education; State Senator Kip Averitt; State Representative Rob Orr; SBOE Member Ms. Patricia Hardy; Texas home schoolers

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