Judge Threatens Family with $3,500 Fine
(DETROIT) -- According to a recent report by the Home School Legal Defense Association, a family in Eastpointe Michigan were charged with criminal truancy after removing their children from their school in Detroit in order to engage in homeschooling.
The situation began in December of 2005 when Renata Broughton and her husband Andre moved their family into the Detroit school district, and enrolled their child for a time in the Detroit Public Schools. In the new year they decided to homeschool, and notified the DPS of the change. Meanwhile, the mother realized that DPS had never asked to transfer the child’s school records from Eastpointe. After her request, they apparently failed to do so.
When the family returned to Eastpointe, they faced charges for the time their child was in Detroit Public Schools, and throughout their time homeschooling. Even though the information was brought before the prosecutor concerning their homeschooling, the case was not dismissed.
Accordinig to HSLDA Attorney Chris Klicka, the Court was contacted and explained the error, but the judge simply stated, “He doesn't know the law in Michigan.” This, in spite of the fact that Klicka provided the judge with extensive information concerning the history and laws in Michigan and the battle for the right to homeschool that he had been involved in for over eight years, and that he worked on the case that went before the Michigan Supreme Court.
Attorney Dave Kallman was then hired by HSLDA to represent the family at a pre-trial court conference.
Kallman began to talk to the prosecutor about the fact that the Broughtons were legally homeschooling their children. Needless to say, Kallman ended up going before the judge who was a replacement judge from the earlier hearing, and had the case dismissed.
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