The family from Pakistan emigrated to the U.S. 13 years ago and began homeschooling their children when their oldest child turned 6, which is the starting age for compulsory school attendance in Pennsylvania. But when they were told by their school district that they couldn't homeschool this fall because they filed incorrect paperwork, the family invited Home School Legal Defense Fund to look into the matter.
To accommodate residents isolated during the pandemic, Pennsylvania lawmakers passed a law in 2020 expanding the use of "unsworn declarations" in lieu of notarized forms – a law that's still in effect. HSLDA attorney Will Estrada tells AFN the district was in error because it wasn't following current law.
"A school district in Pennsylvania doesn't make the law," he points out. "They don't have the option whether … to choose to accept a notarized affidavit or unsworn declaration. As a government entity, they need to follow the law."
The previous year, the local public school superintendent's office had accepted an unsworn declaration – but this year informed the family that a notarized affidavit was required. After being informed by HSLDA that a recent court decision confirmed wide application of the 2020 Uniform Unsworn Declarations Act, district officials rescinded their objections.
The father told HSLDA that one of the benefits of homeschooling for his family is the time it affords to appreciate their cultural heritage. "Culture is something you can't give," he said. "You have to live it."
As for the district's initial objections to the unsworn declaration, Estrada suggests school officials may be erecting roadblocks to combat the decrease in public school attendance in favor of private or home schooling.
"… I think we're starting to see a bit of this backlash of, Well, we can't stop families from homeschooling, but we're going to make it as difficult as possible," he states, "and this was part of that with [them telling families] We get to decide you've got to refile your paperwork."
Their goal, he concludes, may be to get students back in public schools so their school budgets increase.
