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Home-schooling standoff (MA Liberals try to get state custody for 'abused' home-schooled kids)
Metrowest Daily ^ | 6/13/03 | Beecher

Posted on 06/13/2003 12:26:29 PM PDT by pabianice

"We have legal custody of the children and we will do with them as we see fit," DSS worker Susan Etscovitz told the Bryants in their Gale Street home. "They are minors and they do what we tell them to do!"

WALTHAM, MA -- A legal battle over two home-schooled children exploded into a seven-hour standoff yesterday, when they refused to take a standardized test ordered by the Department of Social Services.

George Nicholas Bryant, 15, and Nyssa Bryant, 13, stood behind their parents, Kim and George, as police and DSS workers attempted to collect the children at 7:45 a.m. DSS demanded that the two complete a test to determine their educational level.

After a court order was issued by Framingham Juvenile Court around 1 p.m., the children were driven by their parents to a Waltham hotel.

Again, they refused to take the test.

"The court order said that the children must be here. It said nothing about taking the test," said George Bryant.

The second refusal came after an emotion-filled morning for the family, when DSS workers sternly demanded the Bryants comply with their orders.

"We have legal custody of the children and we will do with them as we see fit," DSS worker Susan Etscovitz told the Bryants in their Gale Street home. "They are minors and they do what we tell them to do."

Four police officers were also at the scene and attempted to coax the Bryants to listen to the DSS worker.

"We are simply here to prevent a breach of the peace," said Waltham Youth Officer Detective James Auld. "We will will not physically remove the children."

Yesterday's events are the continuation of a six-year legal battle between the family and Waltham Public Schools and the state.

The Bryants contend that the city and state do not have the legal right to force their children to take standardized tests, even though DSS workers have threatened to take their children from them.

"There have been threats all along. Most families fall to that bullying by the state and the legal system," said George Bryant.

"But this has been a six-year battle between the Waltham Public Schools and our family over who is in control of the education of our children," Bryant continued. "In the end the law of this state will protect us."

The Bryant children have never attended public school.

Both sides agree that the children are in no way abused mentally, physically, sexually or emotionally, but legal custody of the children was taken from Kim and George Bryant in December 2001. The children will remain under the legal custody of DSS until their 16th birthdays.

The parents have been ruled as unfit because they did not file educational plans or determine a grading system for the children, two criteria of Waltham Public School's home schooling policy.

"We do not believe in assessing our children based on a number or letter. Their education process is their personal intellectual property," said Bryant.

George Bryant said he was arrested six years ago, after not attending a meeting that the city contends he was summoned to. The meeting was called by the Waltham School Department for his failure to send his children to school.

"We want these issues aired in the open, in public. The school system and DSS have fought to keep this behind closed doors," said Bryant.

Superintendent of Schools Susan Parrella said she was unaware of yesterday's incident and that, currently the school department approves of the education plan filed by DSS for the Bryant children.

"An acceptable home school plan is in place right now," said Parrella. "I was not aware of any testing occurring today."

The Bryant children freely admit that they have no intention of taking a test.

"We don't want to take the test. We have taken them before and I don't think they are a fair assessment of what we know," said Nyssa Bryant. "And no one from DSS has ever asked us what we think."

Kenneth Pontes, area director of DSS, denied that workers have never talked to the children privately, but admitted that this type of case isn't often seen by his office.

"This is an unusual case. Different school systems require different regulations for home-schooled children. Waltham requires testing," said Pontes.

Pontes said that a possibility exists that the children will be removed from their home, but that was a last course of action.

"No one wants these children to be put in foster homes. The best course of action would for (the Bryants) to instruct the children to take the test," said Etscovitz.

The Bryant family is due in Framingham District Court this morning, to go before a juvenile court judge. According to DSS, this session will determine what their next course of action will be and if the children will be removed from the Bryants' home.

"These are our children and they have and always will be willing participants in their education," said Kim Bryant.


TOPICS: Activism/Chapters; Breaking News; Business/Economy; Constitution/Conservatism; Crime/Corruption; Culture/Society; Government; Philosophy; US: Massachusetts
KEYWORDS: homeschooling
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To: No More Gore Anymore
The article states that "they did not file educational plans or determine a grading system for the children, two criteria of Waltham Public School's home schooling policy."

Here in NH we have to send in an educational plan to the NH Dept. of Education, which we do. Evidently, the law in their state also requires that homeschoolers file educational plans but they just decided they didn't feel like it....then when they (the state) tries to 'give them a break' by asking the kids to take a test - they refuse to do that as well. Well....now they are in trouble and they put themselves there with their arrogance/ignorance, imho. I don't side with them one bit.

241 posted on 06/13/2003 6:44:07 PM PDT by Born in a Rage
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To: Born in a Rage
two criteria of Waltham Public School's home schooling policy."

The public school district doesn't make the rules, only the state law does. It's still not clear from the article whether they're in compliance with the law, but this is a red herring.

242 posted on 06/13/2003 6:46:44 PM PDT by Tax-chick (You can't tell from his pictures how extremely short he really is.)
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To: Tax-chick
In my state, NH, I know for a fact that it is up to the local school district to decide if a homeschooling child can attend a public school p/t for particular subjects they are interested in. It is also up to the local school to decide if they will provide services like speech therapy and occupational therapy to homeschoolers. The law states that it is up to the local school district....perhaps MASS has similar laws.
243 posted on 06/13/2003 6:52:22 PM PDT by Born in a Rage
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To: CyberCowboy777
If you call the white house and ask for a "replacement" (lost, burned, destroyed by locust) I bet they may send you one with GWB on it.
244 posted on 06/13/2003 6:56:34 PM PDT by longtermmemmory
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To: Born in a Rage
Special services aren't the issue here, whether in NH or in MA. You may be right, that they're out of compliance with the state, but I don't think we can tell from the information we have.

All homeschoolers should move to Oklahoma, anyway. Parental control of education is guaranteed in the Constitution (put there by Democrats, btw.)

(Truth in advertising - we're moving because of the unemployment ...)
245 posted on 06/13/2003 6:57:50 PM PDT by Tax-chick (Visualize whirled peas ... It sure beats the alternative!)
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To: TaxRelief; All
interesting article I would encourage everyone to read it. It seems cutting down on these incentives would save federal dollars and help induce the social workers to do their jobs.
246 posted on 06/13/2003 7:05:18 PM PDT by longtermmemmory
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To: Born in a Rage
I understand what you are saying, I even agree with you somewhat,but we don't know from this article what attempts were made to comply with the law up to this point, do we?

I know someone here in PA, who had a very agressive homeschool rep at her local school, who have has her portfiolios marked up and "corrected" in red pen , only to be told the work was not satisfactory and the child would no tbe "passed" on to the next grade, Huh?

Then come to find out the person doing the correcting was making comments all through the portfiolio that the work was not acceptable for a fifth grader and would not be passed onto sixth grade. Interesting for a portfiolio full of work from a second grader. IMO anyone with power can make life difficult for homeschoolers if they really want to .

247 posted on 06/13/2003 7:06:54 PM PDT by Diva Betsy Ross ((were it not for the brave, there would be no land of the free -))
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To: patton
Had not heard of it but after looking at the reviews, I see it is a must read. Thank you.
248 posted on 06/13/2003 7:13:03 PM PDT by ladysusan (Social wreckers, not social workers)
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To: Notwithstanding; nmh
Agreed, Notwithstanding. Your #12 is exactly right.
249 posted on 06/13/2003 7:15:21 PM PDT by NH Liberty
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To: ladysusan
My pleasure, dear Lady.

I hope you enjoy it - I thought it enlightening.

250 posted on 06/13/2003 7:20:14 PM PDT by patton (I wish we could all look at the evil of abortion with the pure, honest heart of a child.)
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To: MonroeDNA
Government schooling should be abolished, outright.

I agree.

251 posted on 06/13/2003 7:43:06 PM PDT by Lady Eileen
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To: nmh
Massachusetts does NOT require testing. I know. I lived there until a few years ago and I homeschooled my children in that state. I am still homeschooling (and about to graduate my oldest son). Testing is an OPTION in Massachusetts and the state cannot make you choose it.
252 posted on 06/13/2003 7:46:14 PM PDT by cantfindagoodscreenname (You're unique--just like everyone else.)
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To: ladylib
Compulsory public school education has done more to ruin families than any other institution I can think of. Compulsory public school education should be abolished.

I agree.

253 posted on 06/13/2003 7:46:26 PM PDT by Lady Eileen
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To: gitmo
Before the DSS would take my kids, a few would die. Without a court order or any evidence of abuse of any kind (as in this case), if they tried to take the kids, it would be nothing more than kidnapping.
254 posted on 06/13/2003 8:20:25 PM PDT by Blood of Tyrants (Even if the government took all your earnings, you wouldn’t be, in its eyes, a slave.)
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To: BabsC
In many states, it is the same. If you go to that link I posted, you will see that New Hampshire just passed a law REQUIRING that juries be informed of their 1000 year old RIGHT to judge the law as well as the facts. Not too many years ago, shall issue was only the law in a very few states.
255 posted on 06/13/2003 8:26:58 PM PDT by Blood of Tyrants (Even if the government took all your earnings, you wouldn’t be, in its eyes, a slave.)
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To: SoulStorms
I would move to a free state (relatively) first.
256 posted on 06/13/2003 8:28:26 PM PDT by Blood of Tyrants (Even if the government took all your earnings, you wouldn’t be, in its eyes, a slave.)
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To: ladysusan
The best solution to CPS/DSS abuse is to end the practice of closing court records just because the cases involve minors. Freedom of the press is one of the best protections against court abuse.
257 posted on 06/13/2003 8:28:31 PM PDT by TaxRelief (Beware of the writings of Marx: "Control the society by controlling the kids.")
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To: SamAdams76
"I think as a society, we owe it to ensure that our children receive a good education and a fighting chance to lead a productive and worthwhile life."

Stay away from me, you liberal cretin. It's clear where you're going with this socialism.
258 posted on 06/13/2003 8:29:07 PM PDT by WriteOn
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To: jhw61
DSS nabs these kids, and yet how many other kids are being sent back to their crack-addicted mothers who beat them up on a regular basis?

The name of the game for DSS/CPS is to "nab" highly adoptable kids.
That's how they make their money. Crack babies are too hard to place.

Federal Incentives Compromise Social Workers' Objectivity

259 posted on 06/13/2003 8:41:02 PM PDT by TaxRelief (Beware of the writings of Marx: "Control the society by controlling the kids.")
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To: TaxRelief
Thanks TaxRelief.
260 posted on 06/13/2003 8:59:08 PM PDT by Lady Eileen
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