home : New and Resources : Letters from THSC Association: Letter to Athens CPS

THSC Association Letter to

Athens CPS

November 2, 2009

Texas Department of Family and Protective Services

Ms. Jourdan Hayes

CPS Investigator

Henderson County

115 S. Murchison Street

Athens, Texas 75751

Ms. Hayes:

 ...

I am writing in regard to your contact of our office on October 8, 2009 by e-mail in which you stated, “I am an investigator with CPS in Henderson County. I need to confirm that two children are enrolled through homeschooling with your organization. What information would you require from me in order to release that information?”

Ms. Hayes, as a CPS worker you have no authority to investigate home school families with regard to enforcement of the compulsory attendance laws or to review their curriculum, and your actions are in violation of DFPS policy.  Furthermore, home schools have been determined by Texas courts to be private schools and, as such, their students are exempt from the compulsory attendance statute; and the state does not regulate, monitor, or oversee them.  Should you have concerns about the school attendance, you should address that concern to the local public school district, which is statutorily responsible for enforcement of the compulsory attendance laws.

I have enclosed the memorandum from Texas Department of Family and Protective Services issued in March 2005, which outlines DPFS policy on this issue, for your review.  Should you continue to pursue these actions in violation of DFPS policy, we will take all necessary actions.

Sincerely,

Tim Lambert

Enclosure: DFPS Memo

cc:  Ms. Kristina McGee, Supervisor, Texas Department of Family and Protective Services; Commissioner Joyce James, Child Protective Services; Commissioner Anne Heiligenstein, TDFPS; State Senator Robert Nichols; State Representative Betty J. Brown; Texas home schoolers

Back to Letters from THSC Association

Back to E-Newsletter

TOP