Update from Joe Stone

June 03, 2003

Hello to all NY State Homeschoolers,

Some of you are aware that a couple of years back we were having difficulty with our local school district who had become overzealous in their pursuit of our family. For those who are not aware of the situation surrounding our case, a chronology is attached. Since the original "disagreement" and visit with DSS staff, a number of things have happened. Our potential suit has been waiting in queue with constitutional attorney Tom Marcelle (argued and won US Supreme Court Case - "Good News Club" since a letter was sent to the local district last summer intending to challenge their jurisdiction over our family and our right to direct the education and upbringing of our children free from governmental intervention. This case is likely to be filed this summer against the local school district and the State Education Department.

Additionally, we became involved helping a family last November, the Coons, who had been mercilessly badgered by DSS and a family court judge due to a misunderstanding regarding paperwork. The resulting legal presumption that "not turning in paperwork equals educational neglect "(decision by the family court judge) is being challenged in NY State Supreme Court - Appellate Division for the 3rd Department this Friday, June 6. This hearing is open to the public, and all who are concerned about this outcome are welcome to attend. The result of a victory in the case would be that school districts could no longer hotline parents for neglect, simply because they do not turn in paperwork or the type of paperwork the superintendent is preferring. Instead, the district would need to have real evidence of educational neglect, and go to trial court to pursue a family. They most likely would not do this, as it would involve significant expense, time and energy as opposed to just calling in DSS. In short, a victory would establish in case law the removal of the DSS club now used to beat parents down. The hearing is at 10 am and will occur by noon that day. It will take place in the Justice Building on State Street in Albany, NY just below the plaza and across from the legislature. A modified brief from the Coon case is attached for your review.

It is important to note that our intent has never been to be unlawful, but challenging false or unconstitutional legal presumptions via litigation such as this is one of the ways that freedom from governmental intrusion into the sacred boundaries of our homes and families is obtained. Our republic and its constitution provide for this approach, and a number of states have gained their homeschooling freedom via litigation.

What is needed now is support from homeschooling families. Both prayer and financial support are critical. The cost of this case already to Tom Marcelle has exceeded $20,000 in billable hours and out of pocket expenses. Tom has not taken anything for his work and has supported this case and our families because he feels led to (Tom is a Christian), and because he believes that our cases have a realistic chance of prevailing. Tom supports himself and does not have a staff that does his legal work for him. You may support Tom's
work on behalf of NY homeschooling families by sending donations directly made out to him at: Tom Marcelle, attorney at law, 636 Delaware Ave. Delmar, NY 12054. (Contributions made directly are not tax-deductible.) As an alternative, the NY Family Policy Council is helping to channel tax-deductible contributions as they are a 501C3 and are helping the Coon family to continue to manage DSS. If this method is preferred, checks can be written to NYFPC with the following written in the memo section of the check TLC - Tom Marcelle. Their address is: NYFPC, 3 E-Comm Square, Albany, NY 12207. We are working on a way to process online contributions via NYFPC and this should be available on their site soon (www.nyfpc.org). These contributions are critical to moving the litigation along. It is likely that there will be opposition from certain powers that desire the sanctity of the family to not be protected and preserved and who oppose homeschooling. Any help is appreciated, no matter how small. Your contributions can and will make a difference.

Please feel free to contact Sheila or me via email at jstone@t... or sstone@t... We don't check email every day because we tend to be busy parents, but feel free to send a note and we will ultimately get back to you. We are pursuing this because we truly believe that we have been called to do so and that our homeschooling freedoms in NY state ultimately rest on these cases prevailing. Thanks in advance for your support.

Joe and Sheila Stone