DeSantis v. Mullvain Social workers enter home without consent
Filed: March 2, 2000, Central District of California.
Nature of Case: A home schooling family's civil rights lawsuit against two San Bernardino County social workers has been settled for $40,000. The social workers had insisted upon entry into the DeSantis home to investigate allegations of physical abuse. Mrs. DeSantis told the workers, "You do not have my consent to enter, but the gate is open." The social workers then pushed through the gate and marched into the house. Inside the home, the two younger children were strip-searched and the 7-year-old was subjected to a traumatizing private interview. The DeSantis family sued the social workers for violating their Fourth Amendment right against entry without a warrant.
Mr. and Mrs. T. Hostile School District Forced to Back Down
When HSLDA was contacted: March 2001.
Facts: Mr. and Mrs. T began home schooling in February this year. As required by law, they had filed a "Nonaccredited Private School Report" with the state, and they had withdrawn their children from the public school. However, the school refused to accept the fact that they were home schooling, saying, "The State of Kansas may have to recognize you but we don't." The public school demonstrated their prejudice against home schooling by ignoring their own truancy procedures, including holding a meeting between school personnel and the parents.
Instead, the school then had an Assistant District Attorney file a petition with the court stating that the children were "children in need of services." The petition also demanded that the children be removed, and that Mr. and Mrs. T. pay for all of the children's expenses during the time that they were in foster care.
Our action: HSLDA contacted the prosecuting attorney and explained the law regarding private schools. After he understood the facts better, he had all of the charges against the family dismissed.
State v. Cathy C. Mother incarcerated three days Filed: February 22, 2001, Stoddard County. Nature of Case: On April 3, 2001, David Gordon of HSLDA persuaded a Stoddard County circuit court judge to dismiss the educational neglect charges against Cathy C and return her son to her custody. When Cathy C withdrew her second-grade son, Ethan, from public school, little did she imagine that she would be in jail two weeks later. After withdrawing Ethan, Ms. C told the juvenile officer she was considering home education. She wrote to the school superintendent requesting information on home schooling. Eight days after her son's withdrawal from the public school, Ms. C recorded a Declaration of Enrollment in Home Education with the recorder of deeds and notified the superintendent by letter. Nevertheless, on February 22, 2001, after only eight days absence from school, Ms. C was charged with educational neglect and arrested one week later. The child was removed from her custody and placed with the father. Ms. C spent three days in jail before she was released on a $750.00 bond. Anita Koller, the FHE regional director, appeared with Ms. C to testify regarding Ms. C's home school curriculum and plans. But no testimony was necessary as the Court dismissed the case without a trial.
And check this one out: - This child isn't even OLD enough to attend school, but the grandmother reported her daughter!
Horn v. Brown Civil rights violated through wrongful arrest Filed: March 1, 2001, U.S. District Court at Jackson. Nature of Case: This civil rights lawsuit for violation of the right to direct the education of one's child and for false arrest arises out of the criminal prosecution of the mother of a five-year-old. The child was not enrolled in public school, but the school official was told by the child's grandmother that the mother was planning to home school and that the child "should be in school." The attendance officer filed the criminal complaint after speaking with Mrs. Horn and learning that she was, in fact, planning to home school. The official admits knowing that the child was not yet compulsory attendance age when he filed. Mrs. Horn was arrested, but the criminal case against her was dismissed upon HSLDA's notice of representation. On March 1, 2001, HSLDA filed a lawsuit on behalf of Mrs. Horn for violation of her civil rights.