Thread: A happy legal outcome to an education trial.

Here is an example of what can happen when the both the school truant officer AND the judge are ignorant of the law--

Renata Broughton, a homeschool mom who lives in Eastpointe, Michigan, appeared in court with her husband, Andre, with great nervousness. They had been charged with criminal truancy and were asking for a continuance so that the date of the trial could be postponed.

The judge was not very sympathetic, even though he was aware of the homeschooling. He simply stated that this case needed to be heard soon because the Broughtons were facing a “$3,500 fine” for their child not being in school.

The situation began in December of 2005 when the family moved into the Detroit school district. They enrolled their child for a time in the Detroit Public Schools, but met with many problems, and even feared for their child’s safety. In the new year they decided to homeschool and notified the Detroit Public Schools of their change.

Meanwhile, Renata Broughton realized the Detroit Public Schools had never asked to transfer the child’s school records from Eastpointe. Upon asking Detroit Public Schools to do that, they apparently never did. When the family returned to Eastpointe, they faced criminal truancy charges for all the time their child was in Detroit Public Schools, and throughout their couple months homeschooling. Even though this information that they were homeschooling was brought before the prosecutor, the case was not dismissed.

Home School Legal Defense Association Attorney Chris Klicka contacted the court and explained the error, but the judge simply stated, “He doesn't know the law in Michigan.” This is in spite of the fact that Klicka provided the judge with extensive information concerning the history and laws in Michigan and the battle for the right to homeschool that he had been involved in for over eight years, and that he worked on the case that went before the Supreme Court of Michigan.

Attorney Dave Kallman was hired by HSLDA to represent the family at a pre-trial court conference. He walked into a room where there were numerous prosecutors, police officers, and defense lawyers, all waiting to discuss their pending cases.

Dave Kallman began to talk to the prosecutor about the fact that the Broughtons were legally homeschooling their children. The prosecutor, at that point, wondered where the truant officer was who was supposed to be there for this hearing. Nonetheless, they went forward.

As Attorney Kallman, who also homeschools his child, explained homeschooling and presented a booklet on homeschooling in Michigan that he had authored, another defense lawyer looked over his shoulder and said, “My niece homeschools; could I get a copy of that book?” So Kallman took down his name and address. A few minutes later when the prosecutor took another break to contact the truant officer by phone, the head police officer in the room came over and said, “Hey, I homeschool my children, can I get a copy of that book?” Kallman took down his name and address.

As Kallman spread out on the table some of the books that the Broughtons use to homeschool their children as evidence of the fact that they were legitimate homeschoolers, various prosecutors and defense lawyers began drifting over to the table, looking through the books, and commenting, “This is excellent material! These are great books!”

Meanwhile the prosecutor took all this in as he considered Kallman’s request for dismissal of the case. He was explained, by Kallman, the homeschool law, which, he hadn’t understood prior. In fact, the prosecutor had told Kallman that he thought homeschooling wasn’t even allowed.

He finally got a hold of the truant officer by phone and he told the truant officer he was thinking of dismissing the case. He paused for a long time as the truant officer went on and on on the other end of the line. Finally he said, “I have the law right here, and unless you have some other proof, I am going to dismiss this case.”

Needless to say, Kallman ended up going before the judge who was a replacement judge from the earlier hearing, and had the case dismissed.

http://www.hslda.org/hs/state/mi/200606070.asp

Surprisingly many public officials don't even know that homeschooling is legal in all fifty states. I am glad to read a delightful story like this one in which everybody wins... especially the children.

I guess nobody cares.

Originally Posted by Liberal Lil

I guess nobody cares.

Doubtless the sheer joy of all this peace and harmony overwhelmed them.

But like Arnold, "They'll be back!"

"The prosecutor had told Kallman that he thought homeschooling wasn’t even allowed."

If this is so, the prosecutor is incompetent. Must be an AA hire (black).

"They enrolled their child for a time in the Detroit Public Schools, but met with many problems, and even feared for their child’s safety."

Safety. Yeah, all the blacks.

Of course, I'm just prejudiced, but none of you would be willing to bet against me.

I live in a very very very white area (quite rural) and my mom decided not to send us to school...

Originally Posted by Donkey_Left

I live in a very very very white area (quite rural) and my mom decided not to send us to school...

That wasn't a black Detroit school and your mom wasn't motived by safety concerns. If races were reversed, race would very much be part of the article (but, the idea of a negro fearing to go to a white school is a laugh).

BTW, black school are among the best funded public schools in America. Those white rural schools are among the most poorly funded. Still, what was your mom's concern?

Her main concern was that she knew she could give us a much better education than almost any public school.

Plus, middle-school is hellish.

You're actually right for once, it had nothing to do with race.

Actually, I would be the minority there.

Originally Posted by Philip

"The prosecutor had told Kallman that he thought homeschooling wasn’t even allowed."

If this is so, the prosecutor is incompetent. Must be an AA hire.

I had never thought of that. I know there are many ignorant government officials, but when you explain the law to them, some of them learn. Others lose in trials.

"They enrolled their child for a time in the Detroit Public Schools, but met with many problems, and even feared for their child’s safety."

Safety. Yeah, all the blacks.

And yet there are safe schools (charter schools and Christian and religious private schools) with large black populations. The issue is the good or bad moral and religious values of the family and students, not race. In fact many black parents support pro-family causes primarily because they want something better for their own children. That should be encouraging and provide hope for change.

Of course, I'm just prejudiced, but none of you would be willing to bet against me.

You will be pleased to know that there is a conservative resurgence among both Blacks and Jews. Every year the number of conservative blacks grows and the percentage of blacks voting for Republicans increases. So also does the number of conservative, pro-family Blacks running AS republicans. Be encouraged about the future.

One of the various reasons for blacks supporting conservatives is school vouchers. Sadly the left has co-opted the phrasing of this issue to sound like religious indoctrination. That has scared off a lot of conservative whites from supporting it. But we conservatives have more to offer than just speeches and welfare. In time I expect the majority of blacks to renounce the democrat liberals and become either moderate or conservative.

In my state one strongly profamily black man ran with a white for the republican governors nomination. I helped his campaign.

Philip, please be encouraged with the growing conservative transformation among blacks. They are leaving the democrat "plantation" of welfare and dependency. It is a new day.

t714: Tip. Phillip doesn't give two shits about blacks becoming conservatives, he just doesn't like blacks.

And, if blacks are so conservative, why did Barak Obama handily defeat Alan Keyes?

Originally Posted by Donkey_Left

t714: Tip. Phillip doesn't give two ***** about blacks becoming conservatives, he just doesn't like blacks.

And, if blacks are so conservative, why did Barak Obama handily defeat Alan Keyes?

Usually I don't reply to posts with crude or offensive speech. I understand your anger at what you perceive to be racism. You are entitled to your anger.

I am considering replying to your question in another post.