Two families who want to educate their children at home declared a victory Monday in what they say has been a long battle against the Boise School District's meddling.

But school board officials say they have a dilemma because of its obligation under Idaho law to make sure children in the district are being educated properly.After a year in the courts, attorney Barry Peters said his clients have been spared further criminal action for failing to return forms to the district outlining their children's educational programs.

Ada County Prosecutor Michael Reardon reported Juvenile Court Judge John Dutcher's decision to dismiss the case against Peters' clients at a Boise School Board meeting Monday night.

Boise School Board President Quinten Homer said the board will continue to seek action against families who fail to comply with its requests.

"Once we have identified that children's needs are not being met, we must seek to fulfill those needs."

The district filed a criminal action against the two families in April for refusing to return a form outlining the classes taught in their home schools.

"Judge Dutcher has said the state has to prove there is some problem with these children's education and they still haven't met that burden of proof," Peters said.