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Moms’ pleas highlight home-school dilemma

The two women believed they were adequately home-schooling their children – using age-appropriate books and a computer with Internet access.

But according to the Allen County Prosecutor’s Office, Lila M. Ferguson, 38, and Molly M. Williams, 42, committed a crime – neglect of a dependent – by depriving the children of an education. According to court records, the offense was largely characterized by a failure to provide records on the children’s educational progress as they claimed to home-school their children.

And in spite of their court-appointed attorneys’ wishes, the two women pleaded guilty to a Class A misdemeanor version of the charge and were each sentenced Tuesday to a year on probation.

Their lawyers wanted the case dismissed months ago because they argue state law does not provide nearly enough direction for parents who want to home-school, something with which prosecutors agree.

“We didn’t know we were supposed to keep records,” Williams said. “Nobody could tell us we weren’t doing anything right.”

The women said they wanted the case to be over. Their children already are in a traditional school and had been when Division of Children Services officials began their investigation.

The two New Haven women were each charged in June with neglect of a dependent, a Class D felony. According to court documents, Ferguson’s child did not attend school from January 2006 until September 2008.

When she pulled the child out of school, Ferguson said she would educate him at home but “did not provide any documented evidence to support that (he) was home-schooled during this time frame, resulting in (his) lack of educational process,” court documents said.

Court documents for Williams allege the same, although she is accused of keeping her son out of school until mid-January.

In his motion to dismiss, Ferguson’s defense attorney, Stanley Campbell, argued that Indiana’s home-school laws are vague.

“The statute fails to sufficiently define the term education and fails to define how someone deprives a dependent of an education,” he wrote.

“Anyone of common intelligence reading the statute would, of necessity, have to guess as to what the legislature meant by the term education and what is meant by ‘as required by law.’ ”

Writing on behalf of Williams, attorney Zachary Witte argued the same.

“An extensive review of Indiana Code yields no definition of education, what an education consists of,” he wrote.

Allen County Chief Deputy Prosecutor Michael Mc- Alexander said part of the reason the crime is rarely charged is because the state has no real standard or curriculum for home schooling.

But the prosecutor’s office believes Williams and Ferguson were not providing an education at home for their children.

Many who find themselves at odds with welfare or school officials over home schooling are often those trying to shield their children from involvement or interaction with school officials, McAlexander said.

“The last thing we want to do is besmirch those who are doing a good job of educating their kids,” he said.

And while it would be nice to see every child who is home-schooled be able to read and write, McAlexander said it is not always what happens in the public or private schools, either.

Campbell said, in court documents, that prosecutors failed to answer questions about what the women could have done to avoid prosecution or to describe what was required of them.

“The statute and the state’s response take us in circles. Question: What sort of education are we required to provide our children? Answer: As required by law. Question: What is required by law? Answer: Providing a proper education of your child,” he wrote.

“If you take out the attendance argument … this is exactly where we are left,” Campbell wrote. “The only remaining questions in this endless and nonsensical dialogue are: ‘Who is going to play Abbott? Who is going to play Costello? and Who’s on first?’ ”

But in the cases of Williams and Ferguson, those questions are not going to be answered.

Allen Superior Judge Fran Gull denied their motions to dismiss and with their guilty pleas and Gull’s sentencing order, the case is closed.

And as part of a condition of their probation, both Ferguson and Williams must have their children enrolled in traditional school and any absences must be excused and medically related absences reported to their probation officers.

rgreen@jg.net