Pennsylvania homeschoolers sue district over truancy threats

Two homeschool families are suing their Pennsylvania school district after being threatened with truancy charges for lack of what may be nonessential paperwork.

The Stoltzfus and Brennan families filed a lawsuit against the Eastern Lancaster County School District (ELANCO) on Sept. 16 after school employees pressed the families to follow what appear to be requirements not set out in the law.

Pennsylvania law requires homeschool parents to submit a yearly affidavit to their local superintendent, attesting they intend to homeschool and have a high school diploma or equivalent.

However, state law does not order parents to submit copies of their diplomas to the school. The Stoltzfus and Brennan families filed the appropriate paperwork but were taken aback when district officials demanded they submit their own high school diplomas. 

“It was shocking,” recalled Caitlynn Brennan. “They never acknowledged my paperwork. It feels like they went from zero to 60 immediately.” 

“The PA statute requirements are clear,” Joseph Stoltzfus said in an email Friday. “We possess the freedom to determine what we will submit and what we will withhold. 

“We have fully complied with (the state’s) homeschooling statute.” 

The Home School Legal Defense Association (HSLDA), which is representing the plaintiffs, called ELANCO’s threats to initiate truancy proceedings “unprecedented.” 

“These families followed the statute exactly as written. The school district must do the same,” said HSLDA President Jim Mason. “ELANCO officials invented their own process and threatened them with prosecution. That is unlawful and must be stopped.” 

However, ELANCO Superintendent Michael Snopkowski defended the district’s actions, saying it is a legal “gray area.” 

“We have always asked for a visual representation of the diploma. That is merely our practice,” Snopkowski said. “We stand fully behind our homeschool families.” 

Like many other states, Pennsylvania experienced a surge of homeschool growth since the pandemic. Before 2020, it had 25,000 homeschool students. As of the 2023-24 school year, the number had nearly doubled to 43,000. 

An estimated 4 million students are homeschooled nationwide, or about 6-10% of the K-12 population. 

HSDLA ranks Pennsylvania as a “high regulation” state for its strict homeschool regulations, which include mandated subjects and immunization requirements.