Court: School officials can ask for evidence of home schooling

An El Paso couple who sued the El Paso Independent School District over home schooling has to follow state education regulations, and school officials can ask for evidence that children are being educated, a state appeals court has ruled.

The 8th Court of Appeals ruled earlier this month that Laura and Michael McIntyre and other parents who home school children do not have an absolute constitutional right to home school and must abide by state education requirements.

Chief Justice Ann Crawford McClure wrote in the Aug. 6 opinion that a district attendance officers can ask parents to provide evidence that shows their children are being taught, and can ensure that all students are either enrolled in school or are in a "bona fide home school" when there is credible suspicion.

"No parents have ever prevailed in any reported case on a theory that they have an absolute constitutional right to educate their children in the home, completely free of any state supervision, regulation, or requirements." McClure wrote.

Laura McIntyre who took part in the Stand Up for Religious Freedom movement in 2012, is a pro-life activist in El Paso. She and her husband were also part of 2012 El Pasoans for Traditional Family Values campaign to recall former El Paso Mayor John Cook, and former representatives Susie Byrd and Steve Ortega. The McIntyre's contributed $1,000 to the campaign.

The McIntyres did not return calls for comment.

Mark Mendoza, the director of the ALPHA initiative for the El Paso Independent School District who was also sued by Laura and Michael McIntyre, said the ruling does not mean the school district will interfere with a parent's right to educate children. In addition, proof, sought by an attendance officer, would not rely on standardized tests.

"The most important thing is the fact that this really clarifies the role that the school district plays when it is suspected that home school may not be happening," Mendoza said. "In no way do we want to question the right of the parent to home school their children. It is only when we receive an allegation that this decision clearly underscores the responsibility of the school district and the attendance officer's right to be able to verify that the student is being taught."

The Texas Home School Coalition Association advises parents to send a letter of assurance to the district, stating that the child is in fact being home schooled. The coalition recommends against filling out or providing additional forms or information to the district truancy officer.

In the fall of 2004, the McIntyres withdrew their nine children from a private school and began home schooling inside a motorcycle dealership, according to the ruling.

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Court: School officials can ask for evidence of home schooling