Hogwarts Homework -- Practicing Spells Away From School

[Matt]

No: HPFGUIDX 114324

Angie asked:
>>>> If the students are not allowed to do magic away 
>>>> from Hogwarts, why don't they get into trouble for 
>>>> practicing spells during the summer? It seems like 
>>>> they are required to do that, but I haven't seen/
>>>> heard any mention of an exception to the rules for 
>>>> doing homework

Kmc referred to Fred & George's use of magic that we see on Harry's
visits to the Burrow, and in their development of magic gags such as
the ton-tongue toffey.

Kethryn replied:
>> maybe the reason that George and Fred get away with 
>> it is because their parents are magic users [and] the 
>> MoM cannot tell who is actually the person doing the 
>> magic.

Steve responded:
> I have to believe that there are exceptions to the 
> Statu[t]e of Secrecy. The Dursleys obviously know about 
> the wizard world, and Petunia claims to have witnessed 
> magic in her youth. The Dursleys have even witnessed
> magic.... The Obliviators squads haven't come and erased 
> their memories of these events. Also note the the 
> Obliviators DID come and erase Aunt Marge's memory....

I had wondered about Angie's question, too.  According to the letter
Harry gets in CS, there are two laws involved, the Decree for the
Reasonable Restriction of Underage Sorcery, which prohibits underage
wizards from performing spells outside of school, and the
International Statute of Secrecy, which prohibits magic that risks
notice by Muggles.  As Steve points out, there seems to be some
exception from the Statute of Secrecy for Muggles who are "in the
know," although that does not prevent Harry from being put on trial in
OP (under both laws) despite the fact that the only Muggle who
witnessed his patronus was Dudley.  

Possibly students only do written homework over the summer, and no
spell practice.  (We certainly have not seen Harry doing any practical
homework.)  Possibly there is an exception for homework, but the
assignments get communicated to the Ministry so that they know that
the spells are permitted.  Possibly the Ministry conflates the two
rules (as Harry sometimes seems to do) and only punishes underage
magic if it is done in front of Muggles.  

On the other hand, Fred and George are pretty secretive about the
magic they do over the summer before Book 5.  And then in Book 5 Molly
comments that they are magicking everything about as they revel in
their newfound freedom to do whatever magic they wish, implying that
they were not free to do so before they came of age.  

All in all, I suspect that this is one of those subjects that JKR
hasn't really thought through in a perfectly comprehensive manner, but
she has made a big enough deal of the restrictions that I suspect she
would resolve doubts in favor of a broad reading of both laws.  (I.e.,
Fred and George were getting away with things when they did magic, not
taking advantage of an exception that Harry doesn't know about.)

-- Matt