Judge Murray, who wrote the Leeper decision, made no such spurious claim. He merely agreed that home education had always been considered private education in Texas.
The basis for our duty & responsibility in rearing our own children lies in the fact that… WE ARE THEIR PARENTS.
With Leeper, homeschoolers initiated a court case asking for A STATE DEFINITION OF HOMESCHOOLING as private schooling. While this was a very bad idea on their part, we can be glad that Judge Murray was inclined to uphold Texas’ constitutional law.
Please take a moment to read this oft-quoted excerpt from the Leeper decision where Judge Murray describes a private or parochial school within the meaning of the exemption section of the Texas Education Code. We have already seen that only those educational institutions SUPPORTED IN WHOLE OR IN PART BY STATE TAX FUNDS fall within the regulatory power of the Texas Education Code.
Is your home “supported in whole or in part by state tax funds”? Are you one of those schools he was describing? Have you been tricked into thinking that there would be porno some kind of “security” in calling your home a “private school” as mentioned in Leeper? Might you want to research this for yourself and rethink that position?
Please consider this: in order for the exemption section of a code to apply to you, you must be one of those to whom the code applies in the first place. The only other way to find yourself down in that exemption section is for you to voluntarily bind yourself by it.
RELATED READING: Are You the Parent or a State Babysitter? (Bev Jones, April 2001)
LEEPER GAME SCORE:
ATTORNEYS 360,000 / HOMESCHOOLERS 0
In the Leeper appeal, the court upheld the ruling that the state pay $360,000 IN ATTORNEY FEES FOR THE PLAINTIFFS.
The Leeper case, which mainly accomplished a further muddying of the waters for most folks, cost us dearly.
I don’t particularly appreciate a “carefully selected” group of statist homeschoolers deciding to make us foot the bill for an unnecessary lawsuit. Even less do I appreciate the arrogance of this group of politician, curriculum vendor, and umbrella school plaintiffs in presuming to speak for all home educators past, present, and future by filing this as a class-action lawsuit.
But these things can likely be written off to (at least some degree of) ignorance on the part of those just mentioned.
The attorneys, who should (and do) know better and go around promoting and facilitating lawsuits concerning things the state has no constitutionally enumerated power over in the first place, are reprehensible. And dangerous. And way too expensive!