Knowledge is power; your family’s awareness of the law now
may spare you much unneeded suffering later.
Missouri aims to complete its investigations within thirty days and provides
families with a letter informing them of
the results of any investigation.
In contrast, some States, such as Cali-
fornia, have revised their statutes to do
the bare minimum required under federal
law, without adding other benefits such as
a written notice.
4 Even though each State
has its own unique way of handling this
federal requirement, homeschooling fami-
lies should be able to easily discover how
their State has put these rules into practice.
it has had to educate state investigators
on this rule.
6 Knowledge is power; your
family’s awareness of the law now may
spare you much unneeded suffering later.
Know your family’s right to be informed
of the allegations against it, and ensure
that any state workers follow this law if
they come to speak with your family.
Antony B. Kolenc (J.D., University of Florida
College of Law) is an author, speaker, and
law professor at Florida Coastal School of
Law. He is also a retired U.S. Air Force officer.
He and his wife have homeschooled their five
children for over a decade. Tony is author of
The Chronicles of Xan historical fiction trilogy, as well as many legal articles. Learn more
about him at www.antonykolenc.com. If you
have a law-related homeschooling question
that you would like to see Tony address in a
future column, please email TL@TheHome
1. See Antony B. Kolenc, Legally Speaking, An Interview with Attorney David C. Gibbs III, The
Old Schoolhouse® Magazine, February 2012, at
120–21 (discussing a wide range of homeschool-ing;issues).
2.;42;U.S. C.;§;5106a(b).;This;law;requires;that;“[( 1)
section,” States must submit “a State plan” to the
scription of the activities that the State will carry
out using amounts received under the grant to
achieve the objectives of this subchapter, including—
;…;(B) an;assurance;in;the;form;of;a;certifi-cation by the Governor of the State that the State
has in effect and is enforcing a State law, or has in
effect and is operating a statewide program, relating to child abuse and neglect that includes—
that a representative of the child protective services agency shall, at the initial time of contact
with the individual subject to a child abuse or
neglect investigation, advise the individual of the
complaints or allegations made against the individual, in a manner that is consistent with laws
protecting the rights of the informant.”
3. Missouri Revised Statutes § 210.183.
4. See California;Penal;Code;§;11167.
5. You should be able to locate your State’s procedures under its provisions about “child abuse
and neglect” in your State’s statutes, through
6. For an example, see HSLDA, Social Worker Ignores Federal Law;(November;28,;2007);(avail-
able at www.hslda.org/hs/state/co/200711280