January 17, 2007
Chief Richard Jones
Chief of Police
PO Box 2082
Victoria, Texas 77901 

Dear Chief Jones,  

By way of introduction, let me state that the Texas Home School Coalition Association is a statewide advocacy organization for home educators with almost 70,000 families on our mailing list, some of whom are reside your area.  Our mission is to serve the home school community and protect the right of parents to teach their children at home. 

I am writing in response to a contact made by an officer of your department to a home school family in Victoria in December.  According to the mother, she had instructed her two teen age children to take a five minute walk around their block prior to their lunch break in partial compliance with their schools physical education requirements.  The two students were stopped by a Victoria Police officer who asked them why they were not in school.  When the students responded that they were home schooled, the officer told them they were not allowed outside during school hours.  He followed them home and told their mother that they were in violation of the day-time curfew of the city which does not allow children in public between the hours of 9:00 AM and 3:00PM unless they are at school. 

According to Article III Juvenile Curfew of the Victoria City Code Section 15-30, “Curfew Hours mean:…(3) 9:00 a.m. until 3:00 p.m. on any Monday, Tuesday, Wednesday, Thursday or Friday on days that the school in which the minor is enrolled is in session unless the minor has school permission to be off-campus.” (emphasis added)  Section 15-32 Defenses states as a defense “(7) Attending an official school activity…or returning home by a direct route from an official school activity…”  (emphasis added)  Section 15-33 Enforcement, states that an officer shall… (3)   Ask the minor's reason for being in a public place, and determine if a defense to prosecution pursuant to this article applies; (emphasis added) 

Chief Jones, as home schools in Texas are considered to be private schools a clear reading of this ordinance would indicate that a home school family in the situation cited above is not in violation of the city’s juvenile curfew.  Should police officers of the city of Victoria continue to cite home school families for violation of the curfew in the normal course of their home school activities, the result could be litigation against the city for the violation of the civil rights of these families.

To avoid such a situation I strongly encourage you to give the officers of your department additional training to be able to properly enforce the juvenile curfew and allow home school families the freedom to teach their children without such inappropriate threats.  Should you wish to discuss this matter I would be happy to do so. 

Sincerely, 

Tim Lambert 

cc:  Mayor Will Armstrong, City Councilman Phillip Guittard, City Councilman and Mayor Pro-Tem Lewis Neitsch, City Councilman Paul Polasek, City Councilman David Hagan, City Councilman Jim Wyatt, City Councilman Tom Halepaska, State Senator Glenn Hegar; State Representative Geanie Morrison; Texas home schoolers

SPECIAL ORDER 
 
NUMBER
07-01   

SUBJECT
Curfew Violations –
Home Schooled Students 
DATE OF ISSUE

2-7-2007 
DISTRIBUTION A 
 
Effective immediately the following procedures will be adhered to regarding the issuance of curfew violations to students who are home schooled.

The purpose of this Special Order is to ensure that home schooled students are treated equally as students who are registered in public and private schools.

The policies of this Special Order will be placed into Section XX (Status Offenses) of General Order 03.19 - Juvenile Procedures.  That policy is currently issued as Procedural Manual Chapter 19.

Policy:

In cases where a juvenile is home schooled, their residence is considered to be their campus.  The parent or person responsible for educating the juvenile is considered the school administrator.  As such, they have the authority to grant leave from “school” thereby exempting the juvenile from the daytime curfew if such leave has been granted.

Any juvenile found away from their school campus should be contacted.  If the juvenile claims to be exempt because of an excused absence from home schooling, the detaining officer shall verify the claim.  If the claim is found to be true, no enforcement action regarding a curfew violation shall be taken against the parent or the juvenile due to no violation existing.

Roy Boyd
Captain, Support Services

Copy to: Distribution A - All Personnel