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HSLDA's Legal Stand Against Sam Houston State University

The Home School Legal Defense Association (HSLDA) has initiated a significant legal action against Sam Houston State University (SHSU), highlighting an essential issue in the realm of education accessibility for homeschoolers. This lawsuit was filed on behalf of a local homeschooling family, aiming to address what they claim are discriminatory practices by SHSU that unjustly hinder their ability to access dual credit courses.

Background

As per the newly adopted Texas Education Code § 51.9675, all public universities, including SHSU, are mandated to provide homeschool students equal access to dual credit programs. This piece of legislation, known as HB 3041, was overwhelmingly passed by the Texas Legislature and explicitly prohibits any form of discrimination based on the type of schooling a student has undergone. Under this new law, homeschoolers should be admitted on the same terms as their counterparts from public and private educational institutions.

However, the complaint contends that SHSU is violating this statute. The university has been accused of requiring a Memorandum of Understanding (MOU) for homeschoolers, which is apparently impossible for individual families to procure. This MOU has become a gatekeeping mechanism, effectively barring homeschool students from enrollment in dual credit classes, a right legally afforded to them under the new legislation.

The Legal Arguments

The case, titled Selman v. Sam Houston State University, encapsulates a pressing concern not just for the complainants but for countless homeschool families across Texas. HSLDA Litigation Attorney Peter Kamakawiwoole expressed the position that SHSU’s actions not only contravene the law but also perpetuate discriminatory practices against homeschoolers.

In their argument, the plaintiffs state, “The university's refusal to comply is both unlawful and discriminatory.” Despite the clear stipulations laid out in the legislation, SHSU has consistently denied enrollment attempts from the homeschool family, insisting that they would not enter into any MOU that would enable access to dual credit courses.

Legal Relief Sought

The lawsuit seeks several forms of relief, including:

• - A declaration from the court affirming that SHSU must comply with HB 3041, allowing homeschool students equal enrollment terms.
• - An injunction that mandates SHSU to enroll homeschool students in the same core dual credit courses as all other eligible students.
• - A prohibition against SHSU utilizing its MOU policy to impede access for homeschoolers on a statewide basis.
• - Protective measures to safeguard other homeschoolers from experiencing similar kinds of restrictions.

The implications of this lawsuit extend beyond the immediate parties involved. If left unchallenged, SHSU’s practices could set a precedent that allows universities to contravene legislative mandates, thereby re-establishing barriers that HB 3041 was specifically designed to dismantle. This issue is of particular concern in rural areas of Texas, where access to local universities is often crucial for homeschool students seeking advanced coursework.

Advocacy for Homeschool Freedom

The president of HSLDA, Jim Mason, emphasized the organization's commitment to fight against such discriminatory practices. He stated, “For more than 40 years, we have stood with families against exactly this sort of discrimination.” The ongoing battle for homeschooling rights necessitates constant vigilance, and cases like this underscore the unwavering resolve of advocacy groups in protecting educational freedoms.

In addition to providing legal representation, HSLDA has been instrumental in offering an array of resources aimed at supporting homeschooling families. Founded in 1983, it has emerged as the largest and oldest national organization dedicated to advocating for homeschooling.

For those interested in following the developments of this case, HSLDA continues to encourage public engagement and awareness surrounding the rights of homeschool families. The outcome of this lawsuit could have lasting effects on the accessibility of dual credit programs for future generations of students in Texas.

Learn more about the Home School Legal Defense Association and their resources at HSLDA's official website.