REALLY BAD LEGAL ADVICE
from our favorite bunch of homeschool lawyers. Hey, Darren, tell your bosses to talk to NC home educators about what the law allows. DNPE does not have the legal authority to close homeschools. Only the “school” can do that.
§ 115C?552. New school notice requirements; termination.
(a) Any new school to which this Part relates shall send to a duly authorized representative of the State of North Carolina a notice of intent to operate, name and address of the school, and name of the school’s owner and chief administrator.
(b) Any school to which this Part applies shall notify a duly authorized representative of the State of North Carolina upon termination of the school. (1979, c. 505; 1981, c. 423, s. 1.)
And, FWIW, we got one of those cards last year. Needless to say, we did not respond.
5 Responses to “REALLY BAD LEGAL ADVICE”
 Comment by Bonnie November 2nd, 2007 at 8:29 am |
You know how *I* feel about all this…goes without saying… but I don’t think HSLDA is saying DNPE has the authority to close a school in this article. I think all thay are saying is it might be a good idea to call or write if a family chooses to decline DNPE’s invitation to meet. I personally ignore all correspondance I get from DNPE, but I don’t think this is all bad advice here. A formal written letter declining DNPE’s invitation for this unlawful request might be making a statement that you know your legal rights in this instance. Maybe something like “Dear Mr. Helder, As the homeschool law requires no meeting with your office by home educators in NC I respectfully decline your invitation to meet at…” or something like that. Now…I will say that I think HSLDA has made a BIG mistake by not being a little more forceful in dealing with DNPE closing schools of their member families. They are pretty tight with NCHE in that regard. NCHE thinks we are supposed to kiss DNPE’s butt and apparently HSLDA opts to speak softer on the matter as well. Wimps. 🙂 |
 Comment by Daryl Cobranchi November 2nd, 2007 at 9:09 am |
And that was my point. HSLDA is accepting DNPE’s frame that they have the power to close a school. The smart play is to ignore the card, let them close a school, and then fight it in court to establish the precedent. Like I said, really bad legal advice. |
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Comment by Bonnie November 2nd, 2007 at 4:58 pm |
…let them close a school, and then fight it in court to establish the precedent. Yep…I see what you mean. Unfortunately HSLDA seems to have bought into the ‘don’t make waves’ mentality of NCHE. I remember there was a discussion at a NCHE event several years ago about a HSLDA member family that had asked HSLDA to do just that (take DNPE to court) because DNPE had closed their school unlawfully. HSLDA contacted NCHE and together the two groups decided it wasn’t a good idea. I personally wasn’t aware that HSLDA membership fees went toward them consulting a support group for legal advice. |
 Comment by Unique November 4th, 2007 at 7:46 am |
Unfortunately HSLDA seems to have bought into the ‘don’t make waves’ mentality of NCHE. I thrive on waves – come and get me – at your peril… bwahahahaha…. People who don’t know their rights are bound to lose them – so says the sage. |
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Comment by Daryl Cobranchi November 4th, 2007 at 8:03 am |
You might b e interested in this thread. |