The Homeschooling Handbook_ From Preschool to High School - Mary Griffith [26]
Another possible alternative is a homeschooling defense organization, although there are potential problems. Two organizations actively work to defend homeschoolers in court cases throughout the country; both emphasize defending religious rights. One is the Rutherford Institute, which describes itself as “a nonprofit civil liberties legal and educational organization, specializing in the defense of religious liberty, which includes the protection of the rights of home educators.” Like the American Civil Liberties Union (ACLU), Rutherford takes on cases that it feels address important legal issues in the hope of setting a favorable legal precedent. Rutherford lawyers have also on occasion assisted homeschoolers in dealing with local officials, or offered other advice.
More systematic in its approach is the Home School Legal Defense Association (HSLDA), also a religious-based nonprofit organization. Incorporated in Washington, D.C., and operating in Virginia, HSLDA offers legal representation, through appellate levels if necessary, for homeschooling families who join by paying its membership fee (usually $100, although group discounts are usually available). HSLDA also operates the National Center for Home Education, which distributes information about homeschooling and general parenting issues, and issues frequent alerts on federal and state bills it feels threaten homeschooling and general parental rights. Although HSLDA welcomes any homeschoolers as members, it calls itself “a Christian organization with a Christian board and staff” and has more experience with religious defenses to homeschooling than with other possible defenses. HSLDA also is more comfortable working with families who use a formal curriculum with a fairly structured schedule as the basis for their homeschool program.
One real risk in working with a homeschool legal defense organization is that your case can become a tool for defending the rights of homeschoolers in general rather than your case in particular. For instance, in its membership application, HSLDA states explicitly that one duty of members is to cooperate fully with the HSLDA defense team. In practice, this can mean that if you do not agree to a particular line of defense for your homeschooling program, HSLDA may withdraw from your case.
Another problem with legal defense organizations is that they are often active on issues that you may not consider related to homeschooling, and you may not be happy with part of your membership fee being used to support political positions you personally oppose. It’s probably worth asking for sample copies of any newsletters or for other organization literature to see what issues such groups are involved with.
Some questions to consider when looking into any homeschool legal defense organization:
What services will the organization provide for you? Are such services guaranteed or at the option of the organization?
If you need to use the services of an organization lawyer, who controls your case? Will the attorney explain your legal options with the attendant risks of each and let you decide which you prefer, or will you simply be told what the defense will be?
What kind of track record does the group have? How many cases has it handled at the trial level? At the appellate level? What kind of success has it had?
What percentage of the organization’s income is spent on direct legal services to its members? What other services or activities is the group involved in?
Does the organization have any particular political or religious agenda? Does it get involved with lobbying or legislative efforts at either the national or state level? To what ends?
Does the group cooperate with other homeschooling organizations? Does your state homeschooling organization recommend or approve of the legal organization?
Check with homeschooling friends and acquaintances to see what they think about legal defense groups. What experiences have they had? Do they even think such services are necessary? As with any homeschooling