Regulating Homeschooling? by Phyllis Raybin Emert

VOLUME FOURTEEN NUMBER 1 Regulating Homeschooling? by Phyllis Raybin Emert

According to the National Center for Education Statistics, about 1.5 million U.S. students were homeschooled in 2007, representing a 74 percent increase from 1999 when 850,000 students were homeschooled. Responsibility for education remains a matter for the states and varies across the country. A recent tragic case in Washington, D.C. has opened a discussion as to how far such regulation should go. In 2007, Banita Jacks, a Washington, D.C. mother of four, killed her daughters who ranged in age from five to 17. FALL 2009 The Jacks children were withdrawn from Childhood Obesity and Advertising: school by their mother in March Should Junk Food Commercials 2007. The District Be Trimmed? of Columbia has by Barbara Sheehan no regulations for homeschooling and Nickelodeon’s SpongeBob macaroni and cheese, according to a New lovable cartoon SpongeBob York Times article, character popsicles; and he’s that “lack of supervision” could have SpongeBob even dabbled in been the downfall of the Jacks SquarePants the occasional children. The article pointed out that isn’t just peddling SpongeBob professionals “might have detected the notorious McDonald’s signs of abuse and neglect of the crabby patties happy meal. girls.” A social worker did visit the he cooks up on This cheerful Jacks home twice and notified the the show. With the help of real-life little guy who “lives in a pineapple Child and Family Services Agency advertisers, he also has a hand in hotline of suspected abuse. Several SpongeBob animal crackers, CONTINUED ON PAGE 6 other agencies attempted to contact Ms. Jacks, but no one answered the phone or the door. Weeks later, You Take the Car and the House, the case was closed after a report indicated that the family had moved But Fluffy Stays with Me! to another state. There was no by Cheryl Baisden follow-up in this case either by city If you have pets at home, you rather than family or school personnel. probably consider them a part of the members. So, The Jacks family fell through family. Chances are they have their when it comes to the cracks of the system and as a own beds; their own spots in the living divorce, who gets result six child-welfare workers room where they settle in when you custody of a were fired from their jobs, with the watch TV at night; and their own stash beloved pet can homeschooling movement taking of special snacks and favorite toys, be a little sticky. much of the criticism for the tragedy. just like you. In New Jersey and other Clive R. Belfield, a professor of states, pets are considered property CONTINUED ON PAGE 3 CONTINUED ON PAGE 4 Conjuring Copyright Infringement by Cheryl Baisden

In the fictional world of who claims he read the series nearly Harry Potter, copying someone else’s 50 times and spent seven years work at the Hogwarts School of writing his book, never disputed that This publication was made possible through funding from Witchcraft and Wizardry could get he was using many of Rowling’s the IOLTA Fund of the Bar of New Jersey. you transformed into a ferret and words. Instead, his attorney argued Angela C. Scheck bounced around the room. Of course that he had a legal right to reproduce EXECUTIVE EDITOR in real life, as J.K. Rowling, the excerpts from her novels because as a Jodi L. Miller woman who wrote all seven Harry reference guide it needed to rely on EDITOR Potter novels, discovered this past her work. fall, the punishment for plagiarism “Regardless of the lexicon author’s EDITORIAL ADVISORY BOARD is far less dramatic. argument, when you look at the Steven M. Richman, Esq. In September 2008, Rowling won Harry Potter lawsuit it is pretty a lawsuit against RDR Books and much a clear case of copyright CHAIR received $6,750 in damages and a infringement ,” said attorney Marc S. Paula Eisen guarantee that the New York Friedman, who is the chairman John J. Henschel, Esq. publisher would not release a book of the New Jersey State Bar Stuart M. Lederman, Esq. called The Harry Potter Lexicon . The Association’s Intellectual Property Louis H. Miron, Esq. 400-page book was a Law Section. “Some Carole B. Moore detailed encyclopedia cases of Kimberly Yonta Aronow, Esq. of words, places, infringement, Thomas A. Zeringo people and events or plagiarism, NEW JERSEY STATE BAR FOUNDATION from the seven- can be difficult BOARD OF TRUSTEES volume to determine, but Harry not this one. When Richard J. Badolato, Esq. Potter you look at how the PRESIDENT series, and book was put Stuart M. Lederman, Esq. included lengthy excerpts together and how FIRST VICE PRESIDENT copied directly from Rowling’s novels. much of the material Louis H. Miron, Esq. According to Rowling, 2,034 of the was copied, there was no SECOND VICE PRESIDENT 2,477 entries in the book came question that it was copyright directly from her novels. infringement.” Steven M. Richman, Esq. “I believe this book constitutes TREASURER wholesale theft of 17 years of It all comes down to ownership Patrick C. Dunican Jr., Esq. my hard work,” Rowling told a Whenever someone creates a SECRETARY New York court in April 2008. literary, musical or artistic work — for TRUSTEES “What particularly galls me is the example a painting, poem or song — lack of quotation marks. If Mr. Vander that work is automatically protected Gwendolyn Yvonne Alexis, Esq. Ark had put quotation marks around under the Copyright Act, and cannot William G. Brigiani, Esq. everything he had lifted, most of be reproduced or used by someone Paris P. Eliades, Esq. the lexicon would have been in else without the creator’s permission. Allen A. Etish, Esq. quotation marks.” This protection is guaranteed in the Susan A. Feeney, Esq. The volume’s author, Steven U.S. Constitution under Article I, Norberto A. Garcia, Esq. Vander Ark, a major H arry Potter fan CONTINUED ON PAGE 5 Donna duBeth Gardiner, Esq. Peggy Sheahan Knee. Esq. Ralph J. Lamparello, Esq. Catch Us on the Web and Read The Legal Eagle Online Kevin P. McCann, Esq. Jeffrey J. McWeeney, Esq. Back issues of The Legal Eagle since its inception in 1996, may be Carole B. Moore downloaded on the New Jersey State Bar Foundation’s website at Lynn Fontaine Newsome. Esq. www.njsbf.org. Richard H. Steen, Esq. Robert J. Stickles, Esq. While you’re there, check out other law-related education publications Margaret Leggett Tarver, Esq. for kids, such as Bill of Rights Bulletin , Constitutionally New Jersey , Mary Ellen Tully, Esq. What You Need to Know About Plagiarism , and Students’ Rights Handbook . Miles S. Winder III, Esq.

© 2009 New Jersey State Bar Foundation Fluffy CONTINUED FROM PAGE 1

“There are no laws on the court’s custody decisions the books when it comes to would be based on, among deciding custody of a pet in other things, the type and a New Jersey court,” explains length of relationship each family lawyer Karen Scheiner, person had with the animal and of Cherry Hill. “In fact, a the financial cat, dog or other pet is responsibility each considered nothing more person had in caring than property in these for the pet. cases, just like a table The legislation or a chair, to be divided was drafted on the up between the heels of two New couple. When it Jersey cases that comes to children, illustrate the the courts consider different what is in their ‘best interest’ as far as custody goes. approaches the state’s judges now take when brought into When it comes to pets, that doesn’t apply under the a pet custody dispute as part of a legal battle. existing law.” In the fight over Dexter, Doreen Houseman was Lawyers usually encourage couples who are arguing originally told by her fiancé that she could keep their over who will get the family cat or dog, or whether they dog when they broke up, but when he found out she was will share ownership of the pet, to come to an agreement dating someone he demanded the dog be returned to outside of the courtroom, according to Scheiner, since him since he originally paid for the pug, said Scheiner. bringing up the issue before a judge can be tricky. The judge ordered the dog be returned to the fiancé “If you get a judge who is a real animal lover, you may when he proved it was a possession he owned. find he or she really will spend some time figuring out “The judge said he did not want to know about the what is best for the pet,” Scheiner explained. “But more emotional attachment,” Houseman’s attorney, Gina often than not, the judge won’t want to deal with those Calogero of Oradell, who specializes in animal law, issues. The decision, if there is one made at all by the explained on the Today Show in September 2008. “He judge, will be based on who can show they ‘own’ the pet, didn’t want to consider it, because to him the dog was not necessarily who the pet should be with.” no different from a chair or a couch. They’re not people. They’re not children.” How much do we love our pets? Mark Haskoor had a different experience when he According to the Animal Legal Defense Fund (ALDF), asked a judge to grant him joint custody of Bobesh a nonprofit organization that helps protect the rights of following his wife’s decision to refuse to let him see animals, there are approximately 124 million dogs and the dog after they separated. cats living in American homes. In 2007, according to the “We got Bobesh when we were together, and when we American Pet Products Manufacturers Association, $40.8 separated, she had taken him with her,” he told the Today billion was spent on those pets, with only $9.8 billion Show . “When I asked to start seeing Bobesh again, the going to veterinary care. Further demonstrating how answer was no. It hit me like a ton of bricks. He’s my much we love our animals, the ALDF recently conducted best friend. He’s part of my family. I’m not willing to a study that revealed 45 percent of pet owners take their let that go.” companion animals on vacation with them and more than Haskoor won joint custody, but the decision was a rare 50 percent would prefer the company of that animal over one, he admits. “You have to hire a good lawyer that’s anyone else if stranded on a desert island. Although there willing to take the case, and hope that it gets in front of are no laws or guidelines in place regarding pet custody, it a judge that’s willing to listen to it. Without those two is no wonder that the issue is becoming a growing concern components, you have nothing.” among couples. While Bobesh’s case may have had a satisfactory outcome, Dexter’s saga continues. In March 2009, a New What about New Jersey? Jersey appeals court ordered a new trial to decide the fate New Jersey is currently considering laws that would set of the six-year-old pug. The court ruled that the judge some guidelines for, and require the courts to decide, pet should not have treated Dexter like a piece of custody matters. In May 2008, New Jersey Assemblyman property but rather considered him “like Anthony Chiappone proposed a bill that would allow heirlooms, family treasures and works of individuals to enter into written agreements regarding their art,” that have “subjective value.” pets, and would instruct the court to consider all relevant factors and decide custody. Under the proposed legislation, CONTINUED ON PAGE 8 3 Homeschooling CONTINUED FROM PAGE 1 economics at Queens College, told The New York Times , State regulations vary “limited compliance and follow up” allows families Home school regulations vary widely from state to to be abusive and gives “an excuse to get out of being state. States that have the strictest regulations concerning observed.” Mitchell L. Stevens, associate professor of homeschooling, according to HSLDA, can require parents education and sociology at New York University told The to send notification or achievement test scores and/or New York Times , “Homeschooling removes children professional evaluations to the school districts. In addition, from a lot of…surveillance [by the school district].” the homeschool curriculum may have to be approved by In a press release issued after the incident, the Home the state, parents may be required to have teacher School Legal Defense Association (HSLDA), stated, “we qualifications, and state officials may be required to make must be careful not to sacrifice constitutionally protected home visits. freedoms for increased regulation in reaction to the New Jersey, along with nine other states (Arkansas, criminal activities of the very few. In the Jacks case, Texas, Oklahoma, Missouri, Illinois, Indiana, Michigan, homeschooling was mentioned, but it did not cause the Idaho, Connecticut) and the District of Columbia, has no tragedy.” The HSLDA asserts, “studies have clearly shown state requirements for homeschooling. Two court decisions that the vast majority of homeschooling parents handed down more than 30 years ago might have helped responsibly and effectively teach and care for their shape the homeschool movement in the Garden State. children. Extensively regulating homeschoolers is not With the 1965 decision in State v. Vaughn , the court held the solution to these types of problems.” that a parent/guardian was required to introduce evidence that a child was receiving equivalent education elsewhere. The homeschooling movement “Once there is such evidence in the case,” ruled the court, Until the 19th century children were either educated “the burden of persuasion with respect to whether the at home or went to unstructured community schools. education comes within the exception is with the State.” In It was at that time states began passing legislation the 1970 case of West Morris Board of Education v. Sills , requiring parents to send their children to school, the court declared “parents have a constitutional right to with Massachusetts becoming the first state to adopt choose the type and character of education they feel is compulsory education in 1852. By the 1960s and 1970s, best suited for their children, be it secular or sectarian .” some parents began to question the teaching methods and The New Jersey statute that applies to compulsory quality of the American school system, giving rise to education “requires that every parent, guardian or other homeschooling. Once person having illegal, groups like HSLDA custody and were influential in making control of a child homeschooling legal in all between six and 50 states by the late 16…ensure that 1990s. such child regularly In an article on attends the public homeschooling that schools of the appeared in the March district or a day 2008 issue of Glamour school in which magazine, Rae Adams, a there is given University of Michigan law instruction ELEMENTARY HOME equivalent to that student, said, “There was SCHOOL SCHOOL never a time I didn’t love MRS. NEWBY MOM provided in the being homeschooled. I public schools…or was a U.S. history buff, to receive so when I was 12, my family took two weeks off and equivalent instruction elsewhere than at school.” It is the visited every Civil War battlefield,” Adams said. “With other phrase, “to receive equivalent instruction elsewhere than at homeschooling families we formed a debating team, joined school” that allows a child to be educated at home. If a a choir and avoided the negative peer pressure. When I got parent or guardian refuses to comply with the above to college…I had an easier time than most because I was statute, they are considered a disorderly person and used to structuring my own curriculum…” subject to a fine. Writer Heather Kristin had the opposite experience and told Glamour , “I craved the New Jersey proposes tighter homeschooling company of other children. I grew up in a regulation cocoon, protected but isolated. By the time In September 2008, Assemblywoman Sheila Oliver I got to [college] I didn’t know how to have (Essex and Passaic) and Assemblyman L. Harvey Smith relationships, so I shut people out. When my (Hudson) introduced a bill in the New Jersey State 4 husband and I have children, I want them to go to a public school.” CONTINUED ON PAGE 8 Copyright Infringement CONTINUED FROM PAGE 2

Section 8. Copyright protection for simple, proving Is the use for profit? In the works created since 1978 are usually infringement can 1 case of protected for the life of the creator, be difficult. The Harry 2 How is the copied material plus 70 years. For works created “It’s something that being used? Potter before 1978, the length of protection can be challenging to Lexicon , varies. prove because, most likely, How much material however, the “The framers of the Constitution no one saw you copy,” sai d 3 book’s author is being copied? believed that in order to encourage Friedman. “Also, there is was not inventors and artists to create great a possibility that you just claiming the 4 What is the effect things, they needed to be protected happened to come up on the value of work was totally on some level, which is where the with the same idea and the original work? original. Instead, Copyright Act came from,” said the same words as he and his Friedman. “If you are a writer and someone else, just by chance. lawyer argued he spend your time, money and effort The courts have found a way to had a right to reprint portions of the writing a book, or a poem, or a play, determine whether something was Harry Potter text under an exception someone else should not be able to most likely copied by considering two to the Copyright Act known as the just come along and rip you off by things: whether the works are Fair Use Doctrine. copying it and making money from it. substantially similar and whether the Fair use gives someone the right, If there weren’t protections in place, person who produced the second in some cases, to reproduce portions why would you spend the time and work had access to the original work. of a copyright-protected work for energy creating something?” If a book is in my local library and I certain purposes, for example as part Copying someone’s creative create a book that is very similar to it, of a research project, news report or work without permission is called I most likely infringed on the literary criticism. To determine if copyright infringement, a legal term copyright by trying to pass it off as something should fall under the Fair for plagiarism. But while the concept an original work.” Use Doctrine, a four-step test is used, of copyright protection seems focusing on whether the use is for profit, how the copied material is being used, how much material is being copied and what effect the use A Few Facts About Plagiarism would have on the value of the According to the website, plagiarism.org, here are a few facts original work. about cheating and the issue of plagiarism. “The judge in the Harry Potter case found that the amount of • A poll conducted by US News and World Report found that 90 material that was copied from the percent of students believe that cheaters are either never caught original books was substantial, and or have never been appropriately disciplined. that the Lexicon was being published • The State of Americans: This Generation and the Next (Free as a money-making venture and could Press, July 1996) states that 58.3 percent of high school harm the sales of Rowling’s own students let someone else copy their work in 1969, and 97.5 books, including two Harry Potter companion books she wrote that percent did so in 1989. were already in print,” said Friedman. • A national survey published in Education Week found that “If the author went back and 54 percent of students admitted to plagiarizing from the produced a different version of his Internet; 74 percent of students admitted that at least once book, without so many excerpts, or during the past school year they had engaged in “serious” using quotes in a different way, it very cheating; and 47 percent of students believe their teachers well could be allowed to be sometimes choose to ignore students who are cheating. published.” In fact, in February 2009, RDR In addition to plagiarism.org, check out these websites for Books published a stripped-down more information about plagiarism, copyright, fair use and public version of Vander Ark’s book, domain. eliminating all material that the court www.indiana.edu/~wts/pamphlets/plagiarism.shtml ruled infringed on Rowling’s copyright. In addition, www.copyright.gov Rowling has said she www.umuc.edu/library/copy.shtml plans to someday www.unc.edu/depts/wcweb/handouts/plagiarism.html publish her own Harry fairuse.Stanford.edu/Copyright_and_Fair_Use_Overview/ Potter encyclopedia chapter0/0-a.html and donate the profits 5 to charity. Junk Food CONTINUED FROM PAGE 1 under the sea” is one of many beloved figures that food Now, almost three decades later, the subject is being marketers have recruited to pitch their products to kids. revisited in light of the weight-related challenges facing the But given the alarming rate of childhood obesity in nation’s young people. While federal regulation has not America, some people feel it’s time for characters like been imposed, the subject has received federal attention in SpongeBob and the food companies they represent to recent years with some food companies taking note and go on a healthier diet. reportedly trying to fix the problem themselves before the government steps in. The facts about childhood obesity in America According to statistics provided by Princeton’s Robert What are companies doing? Wood Johnson Foundation (RWJF), nearly one-third of U.S. Efforts by big food companies to adjust children and adolescents—more than 23 million youths— the way they market to kids were noted are obese or overweight. The problem, they say, starts at in an FTC report issued last July titled an early age, with almost 25 percent of children ages two “Marketing Food to Children and to five already obese or overweight. It is worse for African- Adolescents: A Review of Industry American and Latino children, according to the statistics, Expenditures, Activities and Self- with rates of overweight and obesity exceeding 40 percent Regulation.” Among its findings, the in some groups. report noted that 13 of the largest Childhood obesity seems to be on the rise. According to food and beverage companies have RWJF’s 2006 Annual Report, the average 10-year-old girl pledged not to advertise to children weighed 77 pounds in 1963. Now, she weighs about 88 under age 12, or to limit their pounds. A 10-year old boy who weighed 74 pounds then television, radio, print and Internet now weighs 85 pounds. Some health issues associated advertising to foods that meet with being overweight or obese, according to RWJF, specified nutritional standards. include increased risk of asthma, type 2 diabetes, “…[A]lthough there is room for cardiovascular disease, orthopedic complications and improvement, the food and beverage sleep apnea. industries have made significant As for the cause of the increase in childhood obesity, progress since the FTC and the Susan Levine, a spokesperson for RWJF, calls it a “toxic Department of Health stew” of factors, ranging from policy, environmental and and Human Services societal changes to more basic realities like shorter school co-sponsored the recesses and easy-access convenience markets stocked Workshop on with junk food. Marketing, Self- Regulation and What role does advertising play? Childhood Many believe junk food advertisers, who spend millions Obesity in of dollars every year to help shape the food choices our 2005,” nation’s young people make, are partly to blame for the the report rise in childhood obesity. Of course, parents often have the noted. final say in what their children eat; but many feel junk food As for dollars spent commercials and other marketing tactics are barraging trying to influence kids, in their kids at every turn. 2006, the FTC found that 44 major food Fed up with messages that promote sugary, unhealthy and beverage marketers spent $1.6 billion to promote their snacks, some of these parents and other critics of the food products to children under age 12 and adolescents ages industry have pushed for changes in the way snacks and 12-17 in the U.S. other food items are marketed to children, and would like “That same year, cross-promotions tied foods and to see government regulation of junk food advertising. The beverages to about 80 movies, shows and animated idea is not entirely new. characters that appeal primarily to children,” the FTC In the late 1970s, the Federal Trade Commission report found. (FTC) attempted to regulate television advertising of In the end, the report seemed to put the burden on the sugary foods to children, claiming that some kids viewing food industry to regulate itself. While there are some who these ads were too young to understand the problems support this concept, skeptics, who were hoping for more associated with eating too much sugar. Congress federal regulation, believe it may not be enough. blocked that effort and sharply criticized the A July 2007 article on consumerist.com, for example, FTC initiative. accused some cereal makers of trying to “weasel out of Later, in 1980, Congress passed a law their promise to stop advertising junk food to audiences restricting the FTC’s ability to control under 12 by fudging serving size information.” The article advertising to children. To this day, some say suggested that some cereal makers were adjusting serving 6 it’s more difficult in the U.S. to regulate sizes to meet recommended nutritional guidelines, such as advertising to children because of that failed sugar content. FTC attempt.

In addition, a New York Times article noted that while In October 2007, the New Jersey Legislature withdrew food companies may have cut back on their advertising on from consideration a bill that would have required kids’ channels like Nickelodeon, they still advertise on restaurants with 20 or more locations in New Jersey to programs like American Idol, which is not a designated clearly list on their printed menus or menu boards the children’s show but still has a huge number of young nutritional content of regularly served items. Deborah viewers. Dowdell, president of the New Jersey Restaurant “It’s well known that the food and beverage industries Association (NJRA), said her organization opposed this and spend extraordinary sums of money to advertise snacks, other proposed New Jersey menu labeling bills that she drinks, and items of little nutritional value directly to said offer a “patchwork approach” that “does a disservice children and teens,” said Dwayne C. Proctor, director of the to customers and to businesses trying to serve the public.” Robert Wood Johnson Foundation’s Childhood Obesity Dowdell said that the NJRA instead favors proposed Team. “The industries’ ads are designed with federal legislation known as the LEAN Act (Labeling young consumers in mind and purposely Education and Nutrition Act). This legislation is similar placed everywhere kids frequent—not just to the proposed New Jersey bill in that it sets labeling television but the Internet, online games requirements for chains with 20 or more units; however, and text messaging as well as school Dowdell touts the LEAN act for providing clearer, more events and more.” Proctor uniform requirements as well as liability protection for went on to say, “We applaud restaurants that comply with the law. those companies that have As for other related legislation in New Jersey, there is a pledged to change their proposed bill that would designate March of each year as marketing practices to “Childhood Obesity Prevention Month” in New Jersey, as encourage healthy eating well as a proposed bill that would permit public school habits among youth. The districts to address obesity as part of the Core Curriculum crucial question Content Standards in Comprehensive Health and Physical will be how Education. There is also proposed legislation that would well they limit liability of food producers and other food-related live up handlers for claims arising out of weight gain or obesity. to their New Jersey Assemblywoman Joan Voss, who serves on pledges the Assembly’s Education Committee, believes early and how many intervention—for instance instilling healthy eating habits in more companies elementary-aged students—is key to addressing the follow their nation’s weight problem. Often, by the time kids reach lead.” middle school or high school, their eating habit are established and hard to change, she said. Legislating junk food When asked for her opinion on limiting junk food At the same time food advertising to kids, Assemblywoman Voss expressed companies re-examine their reservations about putting constraints on businesses in advertising practices, other steps today’s strained economy and skepticism about the impact are being taken to get America’s it would have. While she is sensitive to the demands on kids back on a healthier track. Naturally, today’s busy parents and the pressure that comes from a big focus is in schools. Back in 2005, New outside influences like advertising, Assemblywoman Voss Jersey made news headlines when it passed a law contends that too often television is used as a babysitter. banning the sale of candy, soda and fatty, sugary In the end, she said, it is up to parents to decide what their foods in schools. children eat. Many other schools have also taken a hard look at the “I don’t think we can legislate eating habits or morality,” food that is being made available to students in vending Assemblywoman Voss said. machines, in the cafeteria and other school venues. On a While people may have differing ideas about the best wider scale, New York City made national headlines in Dec. way to address our nation’s growing waistlines, few deny 2006 when its Board of Health voted to ban trans fats that America’s children need to get their health back on from use in restaurants. Trans fats are an ingredient more solid footing. Most likely, it will take a multi-faceted believed to contribute to heart disease by raising bad approach to turn around the weight trend. Revamping how cholesterol and lowering good cholesterol. advertising is directed at children is one way some people Also, New York City now requires food chains with more are hoping to make a difference. than 15 outlets nationwide to list the calorie count of As for SpongeBob, given the heightened items on their menus. While some laud efforts like these as attention on kids’ nutrition, maybe he’ll positive steps toward better health, others find them to be develop an affinity for fiber cereal or overly burdensome and unnecessary. Also, some believe Brussels sprouts. In the meantime, at least that the impact on businesses of these well-intentioned he lives in a pineapple under the sea and not 7 proposals must be taken into consideration. a giant cookie jar. homeschool CONTINUED FROM PAGE 4 legislature that would require the homeschooling must “maintain a In his article, Revisiting the registration, regulation and review of portfolio of records and materials Common Myths About Homeschooling , homeschool programs. The bill was demonstrating the student’s work that appeared in The Clearing House , referred to the Assembly Education and progress, including the results an educational journal, Michael H. Committee. of standardized tests and an Romanowski, a professor at the This new legislation would “require independent evaluation of the Center for Teacher Education at a parent or guardian seeking to student’s education progress.” Ohio Northern University, stated, educate his child at home to register The HSLDA described the bill as “We need to respect parents’ choices with the resident school district prior causing “a catastrophic destruction of because this is the essence of a to the establishment of the home homeschool freedom in New Jersey,” democratic educational system. education program…The registration and is working to defeat it. Instead of constantly comparing and must include: certain descriptive Owen Snyder, assistant contrasting public schools and home information about the child, his home superintendent for administration, schools, we should look at how each education supervisor, and the supervision and curriculum in the can learn from one another and then program; a statement that the child Paramus public school system, use this information to improve the will be provided instruction in such believes “the homeschooling process learning experiences of all children, subjects as required by law; evidence seems to work well for parents as no matter what form of education that the child has been properly well as for schools” and doesn’t takes place.” immunized and has received necessary believe the proposed legislation is health and medical services; and a necessary. “I have not seen abuse of certification that the supervisor, all the homeschooling process so from adults living in the home, and persons my personal perspective I don’t see having legal custody of a child in a the need for the bill,” Snyder stated. home education program have not “I think there’s a great benefit to GLOSSARY been convicted of certain criminal kids going to public school, offenses.” Homeschooling must be a obviously I’ve made it my career,” minimum of 180 days each year, and declared Snyder, a public educator include courses determined by the for 34 years. “However, I think there commissioner of education. The are some parents who are very compulsory — required by law district can lend textbooks and other capable of teaching their children. without discretion. materials to the parent or guardian, They have a unique relationship that copyright — the U.S. Copyright and the students can participate in can’t really be replicated by a Office defines copyright as “a district extracurricular activities, such teacher or a coach.” form of protection grounded in as sports programs. The supervisor of the U.S. Constitution and granted by law for original works of authorship fixed in a tangible medium of expression. Copyright covers both published and CONTINUED FROM PAGE 3 Fluffy unpublished works.” In the new trial that was held in July, the Hon. John Tomasello, the same copyright infringement — the judge who issued the original ruling, heard testimony that he refused to allow unauthorized use of someone’s the first time. This time Judge Tomasello ruled there was no clear agreement copyrighted work, which can between the couple regarding Dexter and he was “joint property.” A custody include certain other works hearing is scheduled for September when the judge will issue a final decision based on the original work, on Dexter’s fate. although there are exemptions to Calogero said in news reports after the ruling by the appeals court, “It’s the infringement, such as fair use. first custody decision involving pets and I think it’s going to be very helpful in the future to have this precedent .” precedent — a legal case that is What the future will bring for pets and their owners in New Jersey is applicable to a future case unclear, but for now, since pets are considered property under the law, dealing with the same issues. Scheiner suggests owners keep records that will prove ownership sectarian — devoted to a of their cat or dog and consider mediating, or coming to a particular religious point of view. mutual agreement outside of the courtroom, when pursuing pet custody. secular — not sacred or concerned with religion. statute — legislation that has 8 been signed into law.