Waltham home-school kids put in DSS custody

A long-standing feud between a Waltham couple intent on home schooling their children and the city has resulted in a judge's decision to put the two kids in the custody of the Department of Social Services.

While Framingham Juvenile Court Judge Kathryn White said DSS will serve as the guardians of the children until they are 16, there was no order to turn the Bryant children - Nyssa, 12, and George, 13 - over to DSS. The two remain at home.

``My opinion is this is all about who has custody of the children,'' Kim Bryant said yesterday. ``It has nothing to do with whether the children are educated or what the children learn.''

Kim and George Bryant have argued it is their right to home school the children without filing reports or testing results with the city school department because, in their opinion, there's no such requirement in the U.S. Constitution.

The parents, who have handled their own legal work, plan to appeal the latest ruling. A call to Waltham Mayor David Gately, who chairs the School Committee, was not returned.

The battle with Waltham schools has been going on for five years. Once before, a judge granted custody of the children to DSS and ordered the parents to file reports required by the state school attendance laws.

The Bryants complied but failed to file the lesson plans with the city in September. That set off a chain of complaints against the couple by the city.

DSS has found no need to intervene and Middlesex County prosecutors turned down the case.

But on Dec. 7 Judge White found in favor of the city's claim that the children were in need of ``care and protection'' even though she found no evidence the children had been abused or neglected.

DSS spokesman Michael MacCormack said the agency is watching the case and waiting to see if the Bryants comply with the city's request for an education plan.

``It's the school department and the court they have to satisfy,'' MacCormack said. ``We were brought in just to make sure that gets done.''

Kim Bryant said her husband filed the plan yesterday and the two are waiting for a response from the city's attorneys. In the meantime, the couple continue to educate the two children at home.

``We think it's the best education that they can get,'' said Kim Bryant. ``We want to strengthen the family bond.''

Kim Bryant said she fears violence in the public schools and also disagrees with the current testing craze.

``I'm not impressed with testing,'' she said. ``I don't think testing gives you a good picture of a child, really. I think it's very stressful on children to take tests. I don't find them necessary because I'm working with the children every day. I have a good handle on what they know.''

From "Bryants and city attorneys rest cases":

FRAMINGHAM - Closing arguments in the care and protection proceedings against Waltham residents George and Kim Bryant over the home-schooling of their two children will be given on Nov. 7 at Framingham Juvenile Court.

Yesterday, both the Bryants, who are representing themselves in court, and Waltham city attorneys rested their cases.

The couple has been battling with the Waltham School Committee and School Department over the home-schooling of their children for the past five years.

Waltham City Solicitor Robert Pilicy said there is no way to account for how much money the city has spent pursuing litigation over the Bryants.

To date, city attorneys have handled 16 cases related to the Bryants, including cases the city filed against the couple, or cases the Bryants have counter-filed against the city.

If teaching citizen's rights, the meaning of the Constitution, or mistrust of government is the objective, I have no doubt the Bryant children are learning their lessons; however, why have the parents not availed themselves of the resources available to better litigate their case, chosing instead to represent themselves?

Reminds me of the old saw about having a fool for a client.

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