Home Schooling Cases
by Atty. Michael H. Agranoff

Rex and Shannon
Rex and Shannon have a warm rural home with lots of land. They have five beautiful children and are both gainfully employed. They have perfect records as citizens and are thoroughly decent people. They even thought of being foster parents to autistic children, and had someone from DMR (the Connecticut Department of Mental Retardation) visit their home.

The problem? After hearing the DMR representative, they changed their minds about having autistic children. The DMR representative had an irritating personality. Also, like virtually all State employees, he was annoyed that Rex and Shannon home-schooled their children. Even though home schooling is perfectly legal, and the couple followed all the rules, State employees have a prejudice against home-schooling. The legality of this action makes no difference to them.

The DMR employee reported that Rex and Shannon were "weird", that their home schooling was inadequate, and that their home was unsafe. The “unsafe conditions” turned out to be the fact that they had a carpenter, with a valid Connecticut home improvement contractor’s license, making repairs to their house.

Shameless!

DCF called Rex and Shannon to investigate this “referral.” DCF wanted the couple to sign a Service Agreement, saying that they would keep the kids safe, and, among other things, that there would be no alcohol or drugs in the home. They called me, and we set up a home visit.

I walked the DCF investigator through the home, and she was satisfied that there was no problem. I also explained, patiently but firmly, the law of home schooling. I also explained that there was absolutely no law against adults drinking wine, beer, or liquor, so long as they were not intoxicated or otherwise unable to fulfill their responsibilities. She changed the Service Agreement to say “no alcohol or drug abuse.”

Rex and Shannon were devout Christians who home-schooled their kids for obvious reasons. I know what happy and well-adjusted children look like, and they were it. The DCF investigator left, somewhat embarrassed.

All was well, and they were, obviously, unsubstantiated. However, it could have gone wrong. The couple was justifiably angry at this bogus referral, but I had to explain that under the law, in current practice, there was nothing they could do. The couple was also upset that they had to sign a Service Agreement not to neglect their kids or expose them to danger, which they had never done and never would do. Nonetheless, I smoothed it over. Sometimes this anger leads to ugly incidents and to substantiations, as described elsewhere on this web site.

Perhaps next time DCF will be more selective in the referrals that it investigates. Who knows? One lesson is for home-schoolers to beware: you are on the State unfavored list.
 

©2008 The Law Offices of Michael H. Agranoff 
99 Stafford Road, Rt. 30
Ellington, CT  06029
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