Home School ?????

[Bullwhip]

Home schooling a child does not make the home a school.

Actually it does. In Leeper v. Arlington the ruling said (and I am paraphrasing) "That home schools are private schools and as such are not regulated by the State of Texas."

But that doesn't make a house school premises. Home schoolers don't have boundaries. Life is school, the world is a classroom.

[mamabearCali]

The idea of all this assumes we only school at home, it fundamentally misunderstands one of the wonderful advantages of home education. We educate everywhere we go. We do math and reading (including writing) in house mostly, but history, science, social studies, economics, etc etc are often out of the house.

[srothstein]

I think this is going to be an interesting legal question one day. I am fairly confident that the ruling will depend on the specific facts of the case that goes up the chain to set the precedent. And, I am sure that the argument that you educate outside of the home will not make the home not a school premises. After all, my kids go to public school and they also get educated outside the school premises. They go on all sorts of field trips, such as the zoo, museums, or the Volvo dealership this weekend for Robotics competition. None of those places become school premises and no one questions the school still being a school.

But, will a house be found a school premises just because the child is home schooled? If the case that goes up is based on a CHL carrying there, I sincerely doubt it. But I would never bet against it, given many of the court decisions I have seen.

[TexasGal]

I home schooled my three children for a year when my youngest was ready for first grade (skipped kindergarten). I am a strong supporter of it. I had to stop due to marital difficulties, but the home school was a resounding success for the kids. When I had to take my youngest to enroll him in public school for the first time, the principal and secretary were treating me like I had ruined him for life. They were wringing their hands and talking about how hard it was going to be to help him "catch up" until I persuaded them to test him. Then the egg on their faces was priceless! He tested halfway through third grade and was reading at the 5th grade level. Then they were sheepishly worried about him being bored.
We did indeed have school outside and away from home regularly. We also had a home class room set up.

While the legal question we have been discussing may never show up in a courtroom, it's been interesting to explore the idea. One I have not seen come up before.

[wgoforth]

We have homeschooled for 25 years, graduated 5 with 5 left. We receive the Home School Legal Defense Asc magazine which has had similar over the years. ie, states requiring all school (public and private) to meet certain health and safety codes, or to put up certain signs. Whenever their attorneys asked legislatures or administrators if they intended homeschools too, the response has always been the same...... the school is considered a premises that is set aside for school as the primary use. Though your house may have a homeschool within it, that is not the primary use of your house (I know we teach 24/7, but that's not how they are viewing it). Similar to when I asked the Captn teaching the instructors at Austin during break after he had talked about statutory no-carry. I asked in regards to places where voting takes place on election day. In many towns they will set voting booths in the stores while shopping is going on. I asked if that prohibited carrying in those stores on that day? He said no, that although voting did go on there, that it was not the purpose of the store.

[sjfcontrol]

We have homeschooled for 25 years, graduated 5 with 5 left. We receive the Home School Legal Defense Asc magazine which has had similar over the years. ie, states requiring all school (public and private) to meet certain health and safety codes, or to put up certain signs. Whenever their attorneys asked legislatures or administrators if they intended homeschools too, the response has always been the same...... the school is considered a premises that is set aside for school as the primary use. Though your house may have a homeschool within it, that is not the primary use of your house (I know we teach 24/7, but that's not how they are viewing it). Similar to when I asked the Captn teaching the instructors at Austin during break after he had talked about statutory no-carry. I asked in regards to places where voting takes place on election day. In many towns they will set voting booths in the stores while shopping is going on. I asked if that prohibited carrying in those stores on that day? He said no, that although voting did go on there, that it was not the purpose of the store.

It's also not the purpose of the fire station that I vote at. Does that mean it's OK to carry there? In fact, I'm not sure there are ANY polling places that are strictly polling places with no other function the rest of the year.

[SewTexas]

I agree with wgoforth I don't see how any TEA official is going to try to deny carry rights in my home because I homeschool for a few hours a day? it's just not feasible. not in Texas.

Now, I only have to make it another year and a half....but I will fight like heck for wgoforth and everyone else's rights to homeschool their way....my daughter is planning on it. Many of my friends were involved in the 1989? TEA "party" in Austin

[wgoforth]

We have homeschooled for 25 years, graduated 5 with 5 left. We receive the Home School Legal Defense Asc magazine which has had similar over the years. ie, states requiring all school (public and private) to meet certain health and safety codes, or to put up certain signs. Whenever their attorneys asked legislatures or administrators if they intended homeschools too, the response has always been the same...... the school is considered a premises that is set aside for school as the primary use. Though your house may have a homeschool within it, that is not the primary use of your house (I know we teach 24/7, but that's not how they are viewing it). Similar to when I asked the Captn teaching the instructors at Austin during break after he had talked about statutory no-carry. I asked in regards to places where voting takes place on election day. In many towns they will set voting booths in the stores while shopping is going on. I asked if that prohibited carrying in those stores on that day? He said no, that although voting did go on there, that it was not the purpose of the store.

It's also not the purpose of the fire station that I vote at. Does that mean it's OK to carry there? In fact, I'm not sure there are ANY polling places that are strictly polling places with no other function the rest of the year.

Just telling you what the DPS Captn teaching instructors said. I don't see how one can enforce carry in a grocery store just because they have a voting booth. Now I won't carry in the booth, but I'm not going to stop carrying in the store at that time. It is also against the law to have your cell phone on or camera in a place where voting is occurring. I doubt they expect you to turn off cell phones when entering a Kroger just because there is a poll booth inside.

[tommyg]

What if carrying under the MPA and you go within 1000' of a home school then
is it possible to be prosecuted under Federal law?????????? How am I expected to
know locations for every home school in the state. When I home schooled my
kids I didn't tell my neighbors that we were a home school.

[Dave2]

What if carrying under the MPA and you go within 1000' of a home school then
is it possible to be prosecuted under Federal law?????????? How am I expected to
know locations for every home school in the state. When I home schooled my
kids I didn't tell my neighbors that we were a home school.

Oh, yeah, good point.

[TexasGal]

I think I'm getting a headache.
Really, this would have to fall into the category of a meteor falling on you before you were charged under this simply because if you have no clue, the arresting officer probably doesn't either (unless it's his house and he's really mad at you)

[Jumping Frog]

I think I'm getting a headache.
Really, this would have to fall into the category of a meteor falling on you before you were charged under this simply because if you have no clue, the arresting officer probably doesn't either (unless it's his house and he's really mad at you)

Besides, the federal law requires you "knowingly" violate the zone anyhow.

[TexasGal]

There ya go. I missed that. What a relief!

[Jumping Frog]

There ya go. I missed that. What a relief!

18 USC § 922(q)(2)(A) It shall be unlawful for any individual knowingly to possess a firearm that has moved in or that otherwise affects interstate or foreign commerce at a place that the individual knows, or has reasonable cause to believe, is a school zone.

[wgoforth]

Since home schools have been judged to be legal private schools, then PC 46.03 applies:

PC §46.03. PLACES WEAPONS PROHIBITED. (a) A person commits an offense if the person intentionally, knowingly, or recklessly possesses or goes with a firearm, illegal knife, club, or prohibited weapon listed in Section 46.05(a):
(1) on the physical premises of a school or educational institution, any grounds or building on which an activity sponsored by a school or educational institution is being conducted, or a passenger transportation vehicle of a school or educational institution, whether the school or educational institution is public or private, unless pursuant to written regulations or written authorization of the institution;

I doubt any home schooler who is ok with it would ever prosecute or call the police, but what about a situation where a home schooler was someone who absolutely did not want anyone armed inside their home and you carried in not knowing that? It may be an unlikely event, but conceivably, it looks like the person could be charged under this law. I have known a couple of home schoolers who would not be amused at all to find out a visitor was armed in their home around their kids without their knowledge or permission. Just things to consider in our complicated world of laws and lawyers.

Could this be the key here? One can carry at a school if they have written authorization. ie, teachers/faculty at the Harrold, TX school have been so authorized. Since the homeschool is MY private school, is there any reason I cannot authorize such in our home?