|
|
NHELD Store
|
|
We Have
Bumper Stickers,
the NHELD Tote bag,
the NHELD CD Case,
and more!
Click Here!
|
|
NHELD's Web
Picks
|
|
|
|
Defenders Of Freedom
|
|
|
|
Important Government Links
|
|
|
|
Visitors
|
|
|
|
Site
Designed By:
|
|
Hathaway
Creative
|
|
|
LEGISLATIVE INFORMATION
STATE
California:
Read
the appeals court decision
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.
New Hampshire:
A good page that tracks NH laws that could impact
homeschoolers
Initial Proposed Legislation Regarding No Child Left
Behind.
The Actual Bill in New Hampshire Legislature can be
found here when 2008 bills are available.
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 - 110th
Congress
Past - 109th Congress
Past - 108th Congress
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
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.
Top of Page
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.
Top of Page
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.
Top of Page
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.
Top of Page
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.
Top of Page
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.
Top of Page
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.
Top of Page
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.].
Top of Page
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.)
Top of Page
|
