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LEGISLATIVE INFORMATION
 


STATE

New Hampshire:

01/13/10 - New Hampshire homeschoolers won a major victory, defeating a legislative attempt to impose onerous regulations on them.  The vote was 324-34 on the bill, HB368. (http://www.gencourt.state.nh.us/legislation/2010/HB0368.html)

The parents in New Hampshire worked long and hard calling and writing their legislators, informing them of the value of homeschooling, and of the value of preserving and protecting the rights of parents.  Many came out to protest this piece of legislation (see http://www.youtube.com/v/ad5IuC7yDHA&amp ). It proves, once again, the power of “we the people” joining forces in defense of liberty.  A major battle was won, but they have one more battle ahead of them.  The other bill, HB1580, is currently in committee. The text is here: http://www.gencourt.state.nh.us/legislation/2010/HB1580.html

 A public hearing on that bill will be held next week, Thursday, January 21.  

The parents have gained the support of some legislators to propose a new bill, one that is patterned after Connecticut’s law on the Duty of Parents, which will re-establish the rights of parents to remain free to instruct their own children.  Please lend your support to these parents in whatever way you can.  

For more information, you can go to: http://nhhomeschooling.org/legal-news

 

California:

Attorney Stevenson spoke about the California appeals decision on radio

 

NHELD Bulletin #60 about the California Appellate Court Ruling

National Home Education Legal Defense, LLC, stands behind the parents of California in their efforts to uphold their right to educate their children in the manner in which they see fit.

NHELD is hopeful that the government officials in California will take all appropriate steps necessary to ensure that the rights of parents to instruct their children in freedom are upheld and maintained.

NHELD stands behind all those groups who are diligently working to maintain parental freedom in California.


 

North Carolina

 

Visit HA-NC website for information on NC homeschooling laws

 


Connecticut Legislative News
 


FEDERAL

NHELD, LLC believes that any regulation of home education is unnecessary. Further, federal regulation of home education is unconstitutional.


The Ninth Amendment to the U.S. Constitution states:
“The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people.”

The Tenth Amendment to the U.S. Constitution states:
“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”

In other words, the federal government is a government of limited powers. All those powers not specifically enumerated in the U.S. Constitution as granted to the federal government are left to the States and to the people. Education of children is not a power specifically enumerated in the U.S. Constitution as granted to the federal government. Therefore, education of children is left to the States and to the people. Yet, the federal government has adopted many laws regulating public “education.” How has it done so? It has done so by virtue of Supreme Court interpretation of the Constitution’s “Commerce Clause” and through the “power of the purse.”

Article 1, Section 8 of the Constitution is known as the “Commerce Clause.” Under this section, the federal government, specifically Congress, has the power to “regulate commerce.”

Article 1, Section 9 of the Constitution enables Congress to “draw money from the Treasury” in “consequence of appropriations made by law.”

In other words, Congress can collect and dispense money and regulate commerce among the states.
It is through this power that Congress is able to affect education indirectly. Congress adopts a federal law that grants money to the states, if the states adopt a law that contains provisions that the federal government, in its law, indicates should be included in the state law. The states accept federal money, and in exchange, the state must do as the federal government wants them to do. Public and private schools also accept federal money. In exchange, the public and private schools do as the federal government wants them to do.
Parents who instruct their own children at home do not accept federal money. Parents, therefore, are not required to do as the federal government wants them to do in exchange for any federal money. However, if and when parents do accept any federal money, no matter how enticing, parents inevitably will have to do as the federal government wants them to do.
The federal government has no other constitutional means to “regulate” the education of children by their parents.
Unfortunately, however, Congress does not always act in a constitutional manner. Often, it adopts laws that are wholly unconstitutional. These laws remain in place until and unless they are challenged in court.
Congress already has adopted some federal laws that, although unconstitutional, effectively “regulate” the education of children by parents. No matter how seemingly beneficial these federal laws are, they must be repealed. Once Congress assumes the authority to “regulate”, no matter how “beneficially” those regulations appear, Congress has usurped the authority of the States and the people to retain their inalienable rights. The federal government, a government of limited powers, effectively has usurped the power of the States and the people to determine for themselves how children are to be educated by their parents. The federal government is not usurping this power in wholesale fashion all at once. It is doing so incrementally, one step at a time. With each successful step, the ability of the States and the people to retain their constitutionally decreed power is diminished.

Congress is considering the adoption of still more federal laws that “regulate” the education of children by parents. These proposed laws must be defeated if the States and the people are to retain their rights.


U.S. CONGRESS PROPOSED LEGISLATION

Current - 111th Congress

Past - 110th Congress

Past - 109th Congress

Past - 108th Congress


EXISTING FEDERAL LAW:

Private, Religious, and Home Schools
Definitions
Adult Education and Family Literacy
National Assessment of Educational Progress
Overseas Defense Dependents' Education
Teacher Quality Enhancement
Student Assistance
Construction
Military Law-Personnel-Enlistments


 

EXERPTS OF EXISTING FEDERAL LAW IN WHICH A REFERENCE TO HOME SCHOOL MAY ALREADY BE FOUND
 

     NHELD, LLC offers the following excerpts to give the reader a summarized version of the selected laws. Readers should read the laws in their entirety for a true understanding. The text of the laws may be found here and at other online sources.
 

20 U.S.C., Ch. 70, Section 7886. Private, religious, and home schools.

(a) Applicability to non-recipient private schools.  Nothing in this Act [20 USCS §§ 6301 et seq.] shall be construed to affect any private school that does not receive funds or services under this Act [20 USCS §§ 6301 et seq.], nor shall any student who attends a private school that does not receive funds or services under this Act [20 USCS §§ 6301 et seq.] be required to participate in any assessment referenced in this Act [20 USCS §§ 6301 et seq.].(b) Applicability to home schools.  Nothing in this Act [20 USCS §§ 6301 et seq.] 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 [20 USCS §§ 6301 et seq.].(c) Rule of construction on prohibition of Federal control over nonpublic schools.  Nothing in this Act [20 USCS §§ 6301 et seq.] 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 [20 USCS §§ 6301 et seq.].(d) Rule of construction on State and local educational agency mandates. Nothing in this Act [20 USCS §§ 6301 et seq.] shall be construed to Require any State educational agency or local educational agency that receives funds under this Act [20 USCS §§ 6301 et seq.] 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[20 USCS §§ 6301 et seq.] be used for this purpose.

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20 U.S.C., Ch. 70, Section 6733  Definitions.

(4) School. The term "school" means a public or private kindergarten, a public or private elementary school or secondary school, or a home school.

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20 U.S.C., Ch. 72, Section 9203. Adult Education and Family Literacy. Home schools.

Nothing in this title shall be construed to affect home schools, or to compel a parent engaged in home schooling to participate in an English literacy program, family literacy services, or adult education.

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20 U.S.C., Ch. 76, Section 9622.  National Assessment of Educational Progress.

(a) Establishment.  The Commissioner for Education Statistics shall, with the advice of the Assessment Board established under section 302 [20 USCS §9621], carry out, through grants, contracts, or cooperative agreements with one or more qualified organizations, or consortia thereof, a National Assessment of Educational Progress, which collectively refers to a national assessment, State assessments, and a long-term trend assessment in reading and mathematics…. The Commissioner of Education statistics shall (B) conduct a national assessment and collect and report assessment data, including achievement data trends, in a valid and reliable manner on student academic achievement in public and private elementary schools and secondary schools at least once every 2 years, in grades 4 and 8 in reading and mathematics;      (C) conduct a national assessment and collect and report assessment data, including achievement data trends, in a valid and reliable manner on student academic achievement in public and private schools in reading and mathematics in grade 12 in regularly scheduled intervals, but at least as often as such assessments were conducted prior to the date of enactment of the No Child Left Behind Act of 2001 [enacted Jan. 8, 2002];      (D) to the extent time and resources allow, and after the requirements described in subparagraph (B) are implemented and the requirements described in subparagraph (C) are met, conduct additional national assessments and collect and report assessment data, including achievement data trends, in a valid and reliable manner on student academic achievement in grades 4, 8, and 12 in public and private elementary schools and secondary schools in regularly scheduled intervals in additional subject matter, including writing, science, history, geography, civics, economics, foreign languages, and arts, and the trend assessment described in subparagraph (F); (D) Applicability to home schools. Nothing in this section shall be construed to affect home schools, whether or not a home school is treated as a home school or a private school under State law, nor shall any home schooled student be required to participate in any assessment referenced or authorized under this section….(3) Personally identifiable information.       (A) In general. The Commissioner for Education Statistics shall ensure that all personally identifiable information about students, their academic achievement, and their families, and that information with respect to individual schools, remains confidential, in accordance with section 552a of title 5,United States Code…(d) Participation.    (1) Voluntary participation. Participation in any assessment authorized under this section shall be voluntary for students, schools, and local educational agencies.
 

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20 U.S.C., Ch. 25A, Sec. 926. Overseas Defense Dependents’ Education.

Secretary of Defense may provide tuition to allow dependents to attend schools other than those operated by Department of Defense. (d) Auxiliary services available to home school students.    (1) A dependent who is educated in a home school setting, but who is eligible to enroll in a school of the defense dependents' education system, shall be permitted to use or receive auxiliary services of that school without being required to either enroll in that school or register for a minimum number of courses offered by that school. The dependent may be required to satisfy other eligibility requirements and comply with standards of conduct applicable to students actually enrolled in that school who use or receive the same auxiliary services.    (2) For purposes of paragraph (1), the term "auxiliary services" includes use of academic resources, access to the library of the school, after hours use of school facilities, and participation in music, sports, and other extracurricular and interscholastic activities.
 

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20 U.S.C., Ch. 28, Section 1029.  Teacher Quality Enhancement.

In States where there are no licensing regulations, Secretary of Education may collect data from local boards, etc. (c) Limitations.    (1) Federal control prohibited. Nothing in this part [20 USCS §§ 1021 et seq.] 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 prohibit private, religious, or Home schools from participation in programs or services under this part [20 USCS §§ 1021 et seq.].    (2) No change in State control encouraged or required. Nothing in this part [20 USCS §§ 1021 et seq.] shall be construed to encourage or require any change in a State's treatment 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.

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20 U.S.C. Ch. 28, Section 1091. Student Assistance.

d) Students who are not high school graduates.  In order for a student who does not have a certificate of graduation from a school providing secondary education, or the recognized equivalent of such certificate, to be eligible for any assistance under subparts 1, 3, and 4 of part A and parts B, C, D, and E of this title [20 USCS §§ 1070a et seq., 1070b et seq., 1070c et seq., and 1071 et seq., 42 USCS §§ 2751 et seq., 20 USCS §§ 1087a et seq., and 1087aa et seq.], the student shall meet one of the following standards:    (1) The student shall take an independently administered examination and shall achieve a score, specified by the Secretary, demonstrating that such student can benefit from the education or training being offered. Such examination shall be approved by the Secretary on the basis of compliance with such standards for development, administration, and scoring as the Secretary may prescribe in regulations.    (2) The student shall be determined as having the ability to benefit from the education or training in accordance with such process as the State shall prescribe. Any such process described or approved by a State for the purposes of this section shall be effective 6 months after the date of submission to the Secretary unless the Secretary disapproves such process. In determining whether to approve or disapprove such process, the Secretary shall take into account the effectiveness of such process in enabling students without high school diplomas or the equivalent thereof to benefit from the instruction offered by institutions utilizing such process, and shall also take into account the cultural diversity, economic circumstances, and educational preparation of the populations served by the institutions.    (3) The student has completed a secondary school education in a homeschool setting that is treated as a home school or private school under State law.

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20 U.S.C. Ch. 44, Section 2393.  Construction.

Nothing in this Act [20 USCS §§ 2301 et seq.] shall be construed to permit, allow, encourage, or authorize any Federal control over any aspect of a private, religious, or home school, regardless of whether a home school is treated as a private school or home school under State law. This section shall not be construed to bar students attending private, religious, or home schools from participation in programs or services under this Act [20 USCS §§ 2301 et seq.].

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10 U.S.C. Section 520.  Military Law.  Personnel.  Enlistments.
Limitation on enlistment and induction of persons whose score on the Armed Forces Qualification Test is below a prescribed level…(b) A person who is not a high school graduate may not be accepted for enlistment in the armed forces unless the score of that person on the Armed Forces Qualification Test is at or above the thirty-first percentile; however, a person may not be denied enlistment in the armed forces solely because of his not having a high school diploma if his enlistment is needed to meet established strength requirements….
HISTORY; ANCILLARY LAWS AND DIRECTIVES. Other provisions:
Repeal of prohibition against denial of enlistment for lack of High School diploma. Act June 8, 1974, P.L. 93-307, Title IV, § 401, 88 Stat. 234, As amended Aug. 5, 1974, P.L. 93-365, Title VII, § 705, 88 Stat. 406, Which was classified as a note to this section, was repealed by Act July 19, 1988,P.L.100-370, § 1(a) (3), 102 Stat. 840. Such section provided that no volunteer for enlistment into the Armed Forces be denied enlistment solely because of lack of a high school diploma, and similar provisions are now contained in 10 USCS § 520(b) Limitation on number of enlistees not high school graduates. Act Sept.8,1980, P.L. 96-342, Title III, § 302(a), 94 Stat. 1082; Dec. 1, 1981, P.L.97-86,Title IV, § 402(a), 95 Stat. 1104; Sept. 8, 1982, P.L. 97-252, Title IV, 96 Stat. 725, effective Oct. 1, 1982; Sept. 24, 1983, P.L. 98-94, Title IV, §402,97 Stat. 629, effective Oct. 1, 1983; Oct. 19, 1984, P.L. 98-525, Title IV, Part A, § 402, Stat. 2516, effective Oct. 1, 1984; Nov. 8, 1985, P.L. 99-145, Title IV, Part A, § 402 in part, 99 Stat. 618, effective Oct. 1, 1985, provides: "The number of male individuals (with no prior military service) enlisted or  inducted into the Army during the fiscal year beginning on October 1, 1985, who are not high school graduates may not exceed, as of September 30, 1986, 35 percent of all male individuals (with no prior military service) enlisted or inducted into the Army during such fiscal year.".    Effective date of Dec. 1, 1981 amendment. Act Dec. 1, 1981, P.L. 97-86,Title IV, § 402(b)(2), 95 Stat. 1105, provided: "The amendments made by paragraph (1)[amending this section] shall take effect at the end of the 30-day period beginning on the date of the enactment of this Act [enacted Dec. 1,1981].".    Pilot program for treating GED and home school diploma recipients as high school graduates for determinations of eligibility for enlistment in the Armed Forces. Act Oct. 17, 1998, P.L. 105-261, Div A, Title V, Subtitle G, § 571,112 Stat. 2033; Oct. 5, 1999, P.L. 106-65, Div A, Title X, Subtitle G, §1067(3),113 Stat. 774, provides:    "(a) Program required. The Secretary of Defense shall establish a pilot program to assess whether the Armed Forces could better meet recruiting requirements by treating GED recipients and home school diploma recipients as having graduated from high school with a high school diploma for the purpose of determining the eligibility of those persons to enlist in the Armed Forces. The Secretary of each military department shall administer the pilot program for the Armed Force or armed forces under the jurisdiction of that Secretary.    "(b) Persons eligible under the pilot program as high school graduates. Under the pilot program, a person shall be treated as having graduated from high school with a high school diploma for the purpose described in subsection (a) if--       "(1) the person has completed a general education development program while participating in the National Guard Challenge Program under section 509 of title 32, United States Code, and is a GED recipient; or       "(2) the person is a home school diploma recipient and provides a transcript demonstrating completion of high school to the military department involved under the pilot program.    "(c) GED and home school diploma recipients. For the purposes of this section--       "(1) a person is a GED recipient if the person, after completing a general education development program, has obtained certification of high school equivalency by meeting State requirements and passing a State approved exam that is administered for the purpose of providing an appraisal of the person's achievement or performance in the broad subject matter areas usually required for high school graduates; and       "(2) a person is a home school diploma recipient if the person has received a diploma for completing a program of education through the high school level at a home school, without regard to whether the home school is treated as a private school under the law of the State in which located.    "(d) Annual limit on number. Not more than 1,250 GED recipients and home school diploma recipients enlisted by an armed force during a fiscal year may be treated under the pilot program as having graduated from high school with a high school diploma.    "(e) Duration of pilot program. The pilot program shall be in effect during the period beginning on October 1, 1998, and ending on September 30, 2003.    "(f) Report. Not later than February 1, 2004, the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on the pilot program. The report shall include the following, set forth separately for GED recipients and home school diploma recipients:       "(1) The assessment of the Secretary of Defense, and any assessment of any of the Secretaries of the military departments, regarding the value of, and any necessity for, authority to treat GED recipients and home school diploma recipients as having graduated from high school with a high school diploma for the purpose of determining the eligibility of those persons to enlist in the Armed Forces.       "(2) A comparison (shown by armed force and by each fiscal year of the pilot program) of the performance of the persons who enlisted during the fiscal year as GED or home school diploma recipients treated under the pilot program as having graduated from high school with a high school diploma with the performance of the persons who enlisted in that armed force during the same fiscal year after having graduated from high school with a high school diploma, with respect to the following:

(A) Attrition.
(B) Discipline.
(C) Adaptability to military life.
(D) Aptitude for mastering the skills necessary for technical specialties.
(E) Reenlistment rates.
(F) State defined. (For purposes of this section, the term 'State' includes the District of Columbia, the Commonwealth of Puerto Rico, and the territories of the United States.)

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