<In order to teach my children at home, do I have to prove to the local school board that l am educating my children as required in Idaho Code 33-202?

No. Fourth District Court Decision, Case 13477 and 13478 Concludes that "in a proceeding under the Youth Rehabilitation Act, both child and parent could invoke the Fifth Amendment and refuse to answer questions about the home school program." Idaho Code 19-108 says that no one can be compelled to be a witness against himself. Idaho Code 19-2104 presumes one to be innocent until proven guilty.

As a homeschooler, what information am I required to furnish a local school board?

None. Fourth District Court Case 93225 says that parents who object to answering questions on constitutional grounds can simply discard the document without comment. "There is no statute or law which compels them to answer and no direct sanction provided for any refusal to do so."

Does the local school board have the right to require that my child be tested or evaluated?

No. There is no state law requiring testing of any kind for students. However, the State Board of Education rules provide for statewide testing programs in the public schools. Testing of home schooled children is available on a voluntary basis. Contact the Idaho Coalition of Home Educators.

How should I respond to a public school or health and welfare official at my door or by phone questioning my right to home school?

Treat them with respect and courtesy. Inquire as to why they are there or calling, and ask them where they received their information. Inquire as to what evidence they have that a crime has been committed. You are under no obligation to answer their questions. You may want to inform them that you are teaching your children as required by law. (Reference: Idaho Code, Section 33-202. There is no need for further conversation.

If I ignore the local school board's request for information or approval of homeschooling, what action can they take against me?

According to Idaho Code Section 33-206, the school board can file a complaint with the local county prosecuting attorney if they believe parents are neglecting the education of their children. However, according to Idaho Code Section 16-1807, the complaint must contain evidence to support the allegations made in the petition filled.

What action could the county prosecutor take against the homeschooler?

Idaho Code 16-1807 says that the court shall make a preliminary investigation and dismiss the petition or set the matter for a hearing. It is important to note that the prosecutor has the same burden of proving his case as is described in question 9. The homeschooler (defendant) also maintains his due process rights as described in the same question. The burden of proof rests with the prosecutor to prove that you are not educating your child.
How should I respond if contacted by the county prosecutor's office?
Take the initiative and make an appointment to see the prosecutor personally. Ask to see the evidence to support the allegations made. Determine who filed the complaint. Respectfully remind the prosecutor that the complaint, if filed within the law, places this case under the Youth Rehabilitation Act, and thereby becomes a misdemeanor crime. (Refer to answers to questions 9 and 13).

Thanks for the link Tom, It has been educational to say the least.

-Steve G.