Home Schooling
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The following set of messages (down to double line) were posted on February 4, 2005
ALERT:
A bill that would amend the NCLB dated February, 2005, has been
developed by the National School Boards Association (NSBA) to be submitted
to members of our current 109th Congress.
The part that requires our attention is their proposed amendment of
Section 109, Participation of Children Enrolled in Private Schools,
Section 1120 and all of subsection (f), which states: "Notwithstanding
Section 9506(a), . . . children enrolled in private elementary and
secondary schools . . . shall participate in the assessments
described under subsection 1111(i) and the function of the local educational
agency under subsection 1120(b)." Subsection (3) states: "Based on the
assessments described under paragraph (1), a State educational agency may
determine that such services received by children under this section be
ceased in schools when such results . . . are significantly lower and
such schools do not meet the definition of adequate yearly progress
established by the State in which the private school is located . .
." (emphasis added)
http://www.nsba.org/site/docs/35300/35206.pdf
NCLB Section 9506 on Private, Religious, and Home Schools presently exempts home schools from the requirements of the Act as follows, but see the ALERT at the end of this message.
TITLE IX. GENERAL PROVISIONS
PART E. UNIFORM PROVISIONS
SUBPART 1. PRIVATE SCHOOLS
SEC. 9506. PRIVATE, RELIGIOUS, AND HOME SCHOOLS.
(a) APPLICABILITY TO NONRECIPIENT PRIVATE SCHOOLS- Nothing in this Act shall be construed to affect any private school that does not receive funds or services under this Act, nor shall any student who attends a private school that does not receive funds or services under this Act be required to participate in any assessment referenced in this Act.
(b) APPLICABILITY TO HOME SCHOOLS- Nothing in this Act shall be construed to affect a home school, whether or not a home school is treated as a home school or a private school under State law, nor shall any student schooled at home be required to participate in any assessment referenced in this Act.
(c) RULE OF CONSTRUCTION ON PROHIBITION OF FEDERAL CONTROL OVER NONPUBLIC SCHOOLS- Nothing in this Act shall be construed to permit, allow, encourage, or authorize any Federal control over any aspect of any private, religious, or home school, whether or not a home school is treated as a private school or home school under State law. This section shall not be construed to bar private, religious, or home schools from participation in programs or services under this Act.
(d) RULE OF CONSTRUCTION ON STATE AND LOCAL EDUCATIONAL AGENCY MANDATES- Nothing in this Act shall be construed to require any State educational agency or local educational agency that receives funds under this Act to mandate, direct, or control the curriculum of a private or home school, regardless or whether or not a home school is treated as a private school under state law, nor shall any funds under this Act be used for this purpose.
http://www.ed.gov/policy/elsec/leg/esea02/pg111.jhtml
[1] The U.S. Department of Education explains that NCLB states: "Homeschooled children may be taught by one or both parents, by tutors who come into the home, or through virtual school programs conducted over the Internet. Some parents prepare their own materials and design their own programs of study, while others use materials produced by companies specializing in homeschool resources. Accountability for homeschooling is coordinated with the state in which the family resides." (emphasis added)
http://www.ed.gov/parents/schools/choice/definitions.html
[2] The National Association of Elementary School Principals, on page 75 of their K-12 Principals Guide to the NCLB, states that the NCLB specifically prohibits federal control of home schools and stipulates that home schools are not subject to NCLB nor to assessments associated with NCLB.
http://www.naesp.org/client_files/NCLB.pdf
[3] In a review of the General Provisions of Title IX of the NCLB, the Wisconsin Department of Instruction statement is an example of other States that confirm the NCLB "prohibits federal control of home schools and ensures that home schools are not subject to ESEA or ESEA assessments.
http://www.dpi.state.wi.us/dpi/esea/tixsummary.html
[4] The Home School Legal Defense Association states: "A law enacted by Congress specifically exempts homeschool students from mandatory state assessments. . . . In light of the intent of Congress and the language above, states' legislatures or state departments cannot take measures to impose mandatory state assessment testing on homeschoolers. Any attempt to require a homeschooler to be tested by an assessment designated in P.L. 107-110 will violate federal law and jeopardize their state's federal funding."
http://www.hslda.org/docs/nche/000010/200301080.asp
Important ALERT from the HSLDA E-lert Service - including Delaine Eastin's Letter below. Please keep praying for God's protection for His children!
August 29, 2002
Dear HSLDA Members and Friends:
Home School Legal Defense Association is joining with Family Protection
Ministries in asking you to oppose and take action regarding a letter sent to
the California Legislature from the State Superintendent of Public Instruction
requesting legislation on private home education. Below you will find a copy
of Family Protection Ministries' alert. We encourage you to use HSLDA's
Legislative Toolbox to get the phone number for the State Senator and Assembly
Member whom you are asked to call. You will find the Legislative Toolbox on
our website at:
http://www.hslda.org/toolbox.
Michael Smith
President of HSLDA
FAMILY PROTECTION MINISTRIES ALERT
Superintendent of Public Instruction, Delaine Eastin, has sent a letter to the Legislature asking for a law to control private "home schooling."
Issue: Letter to state legislators requesting home education legislation Author: Delaine Eastin, State Superintendent of Public Instruction Position: Strongly OPPOSE the drafting of any legislation addressing home education********************
B. Word-for-word Telephone Alert Message
Information Included in This Email:
A. Action Steps
B. Word-for-word Telephone Alert Message
C. Background Information
********************
A. Action Steps:
Action Needed: CALL AND FAX IMMEDIATELY
By: Saturday, August 31, 2002
Because of the unresolved battle over the budget, the legislators are likely to be in session well after Saturday, August 31, when they normally adjourn for the fall.
Action Items:
** You can find out who your Assembly Member and State Senator are, as well as get their phone numbers, at the following website: www.leginfo.ca.gov/yourleg.html
** You can call the Capital Switchboard at 916-322-9900 to get the phone number for your State Senator or Assembly Member.
1. Call your own State Senator. (NOT U.S. Senators Boxer and Feinstein)
First try to call the Capitol Office. A second choice would be to call at the district office.
2. Call your own Assembly Member.
First try to call the Capitol Office. A second choice would be to call at the district office.
In the following numbers, replace the "XX" with your two-digit Assembly District Number.
Capitol Office Phone for any Assembly Member = (916) 319-20XX
Capitol Office Fax for any Assembly Member = (916) 319-21XX
(For example, If you live in Assembly District 4, represented by Rico Oller, you can call Mr. Oller at (916) 319-2004)
3. You may follow up your phone call with a brief fax.
Fax your letter to your State Senator and Assembly Member by Saturday, August 31.
4. Emails are almost universally ignored. Most legislators have an automated standard answer that will thank you for contacting their office on "this important issue," but they do not take the time to
actually read your emails. Please make a phone call and send a fax instead.
********************
(If disseminating by telephone, dictate this message word-for-word)
"Ask your State Senator and Assembly Member to ignore Delaine Eastin's request for home school legislation. Private home schoolers have successfully and legally operated for years as private schools under the current laws. Parents who privately home school are doing an excellent job, are not asking for government funding, and do not need more regulation."
********************
C. Background Information
Delaine Eastin's Letter:
Superintendent of Public Instruction, Delaine Eastin, sent a letter about private home education to state legislators on August 27, 2002.In her letter, Eastin begins by stating,
"Over the last few weeks, the Department of Education has been characterized in some circles as being engaged in a campaign to harass home schoolers and to root out home schooling in California.My staff and I have received dozens of angry telephone calls and written communications that unfairly assume that the Department is misapplying the state's compulsory education law in derogation of the rights of parents, and a handful of conservative publications have
attacked our application of the law. None of these charges is true, of course, but the amount of misinformation, and passion, in these communications does make me believe that the situation cries out for a legislative solution."
Eastin presents a distorted view of homeschoolers' establishing of private schools by stating,
"In the more recent past, we believe that aggressive home school advocates have counseled home schoolers to attempt to bring their practice within the private school exemption by filing a Private School Affidavit. Home school advocates apparently assume that, once such a Private School Affidavit is filed, the home schooled children are no longer truant under the compulsory education law."
During the 1980's, the CDE openly supported private "homeschooling." It was not until the 90's that the CDE changed their position, in spite of the fact that no law in California had changed.
Eastin erroneously tells the legislators that "if home schooled children ... were exempted from compulsory education laws by the mere filing of an affidavit ... then there would be potentially thousands of children in California whose education would not be subject to any supervision whatsoever." (Apparently parental supervision does not count to Delaine Eastin.)
The letter concludes with a plea for "careful consideration by the Legislature" of "the issue of homeschooling in our state."
Why We Don't Need Legislation:
Private home educators in California have successfully and legally complied with the private school laws for more than two decades. No law in California has changed. The laws relating to private schools do not limit schools by size, location, relation of pupils to teachers and administrators, teaching materials, nor state approval of teachers via credential or license.The CDE has erroneously claimed during the past ten years that private schools must be "businesses, soliciting enrollment from the public at large;" that they must offer "services for compensation;" and more. Local public school Authorities have generally ignored such statements, and home education has continued to grow and prosper. Also for at least the past 20 years, the State Legislature has not only understood, but supported the right of parents to establish and operate private schools in their homes.
In fact, home education has been demonstrated to be so effective and so popular that the CDE jumped on the bandwagon, first by encouraging independent study programs through the public schools, and then by soliciting enrollment in charter schools. Many homeschooling parents have received letters inviting them to attend information meetings about homeschool programs offered by the new charter schools which have sprung up across the state.These "invitations" are typically accompanied by a statement that private "home schooling" is illegal, but "join us and you'll be fine." Homeschoolers who desire to continue with private home education have simply ignored these letters.
"Homeschooling" is well established both in California and in the nation as a viable means of educating children. All that is new this year is that the CDE has prepared and launched a new system for private schools to file affidavits online.The new program, as should have been expected, has raised questions among private schools. These questions have been exacerbated over the summer by letters from CDE which have tried to intimidate homeschoolers into joining the public school programs for homeschoolers, including public ISPs and charter schools. For the most part, these letters contain nothing new.
California has long been recognized as a leader among states, including in areas of respect for individual freedom. Every other state in the union allows for private home education. In twelve states, including California, private "homeschools" operate legally as private schools. In California, homeschoolers enjoy a great degree of freedom under the private school laws, because those laws were rightly enacted to restrict government jurisdiction over them.
In nearly every state where a specific "home school law" has been passed, the new law has resulted in more regulation of home schoolers than we have in California. Indeed, this is what Delaine Eastin requests in her letter. She asks the Legislature to consider state authorization, "conditions" to be placed upon the "quality of education being offered in a home school," and delineating of "qualifications or resources that a parent needs" to homeschool his child.If the Legislature chooses to address Eastin's concerns, we can be assured that there will be an attempt to put more restrictions on homeschoolers. Eastin states these restrictions are needed in part to "ensure some level of quality and innovation."
Conclusion:
"Quality and innovation" are the hallmarks of home education. Legislation means regulation, and it should be clear to all who love home education that regulation is a sure barrier to innovation and quality in education.
For more information on the legality of private home education in California, and to monitor this situation and the new procedure for filing affidavits, visit the following website: www.hslda.org.
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Please pray for a proper outcome.
KEEP this Alert as a reference for future HELP Tree Alerts. Reprint this for your friends, church, school, and group.
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