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PAST
LEGISLATION: THE 108th CONGRESS
Some of the bills currently before the 109th Congress were proposed previously
in 2003-2004 in the 108th Congress. The following is a comparison of those
bills.
All of the bills listed below can be found here
H.R. 2732 H.R. 12 H.R.
282 H.R. 516
H.R. 615 S. 1793 H.R.
1261
1. In
the 108th Congress, Colorado Congressman Marilyn Musgrave. introduced,
H.R.2732 , the Home Education Non Discrimination Act, otherwise known as
HoNDA, (and Idaho Senator Larry Craig introduced its Senate counterpart,
S.1562 ) to amend selected statutes to clarify existing Federal law as to
the treatment of students privately educated at home under State law.
That bill was referred to the Subcommittee on Education Reform where it
remained. However, several parts of that bill were separately
proposed as other bills in that session.
No such comprehensive bill has been introduced in the 109th Congress,
although several parts of that bill that were separately introduced in the
108th Congress, also are before the 109th Congress.
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2. In the 108th Congress, California Congressman
Howard McKeon introduced H.R. 12, the Fed Up Higher Education Technical
Amendments of 2003 to amend the Higher Education Act general definition of
institution of higher education (IHE) to include one that admits as regular
students those who have been home-schooled (as well as high school
graduates or those with equivalency certificates), thus conforming it with
provisions that make such home-schooled students eligible for student aid
under HEA title IV. That bill was referred to the House Committee on
Education and the Workforce where it remained.
In the 109th Congress, California Congressman Howard McKeon introduced H.R.
508, the Fed Up Higher Education Technical Amendments of 2005 to amend to
the Higher Education Act of 1965 also to revise the HEA general definition
of institution of higher education (IHE) to include one that admits as
regular students those who have been home-schooled (as well as high school
graduates or those with equivalency certificates), thus conforming it with
provisions that make such home-schooled students eligible for student aid
under HEA title IV. That bill is currently before the Subcommittee on
21st Century Competitiveness.
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Page
3.
In the 108th Congress, Michigan Congressman Peter Hoekstra introduced H.R.
282, the Education Freedom Act, to amend the Internal Revenue code of 1986
to allow a credit for contributions for the benefit of elementary and
secondary schools. A portion of that bill revised the IRS code to
define “qualified elementary and secondary expenses” as including expenses
for a “public, private, religious, or home school.” That bill was
referred to the House Ways and Means Committee where it remained.
Also in the 108th Congress, Texas Congressman Ron Paul introduced H.R. 612
to amend the Internal Revenue Code of 1986 to allow individuals a credit
against income tax for tuition and related expenses for public and
nonpublic elementary and secondary education. The bill defined a “qualified
educational institution” as including “any private, parochial, religious,
or home school.” The bill was referred to the House Committee on Ways
and Means where it remained.
In the 109th
Congress, Texas Congressman Ron Paul introduced H.R .406, the Family
Education Freedom Act of 2005. It also amends the Internal Revenue
Code of 1986 to allow individuals a credit against income tax for tuition
and related expenses for public and nonpublic elementary and secondary
education. It also defines the term, “qualified educational institution” as
meaning “any educational institution (including any private, parochial,
religious, or home school).” That bill is currently before the House Ways
and Means Committee.
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Page
4. In
the 108th Congress, Minnesota Congressman Mark Kennedy introduced H.R.516 ,
a bill designed to amend the General Education Provisions Act provisions,
which are also known as the Family Educational Rights and Privacy Act of
1974, or FERPA. The bill revised the definition of student to include home
schooled students. Under the bill FERPA’s privacy provisions would apply to
home schooled students. The bill was referred to the House Committee on
Education and the Workforce where it remained.
In the 109th Congress, Congressman Kennedy introduced a
similar bill, H. R. 130, to amend the General Education Provisions Act to
clarify the definition of a student regarding family educational and
privacy rights. That bill provides that FERPA applies to “any person
educated at a home school (whether or not State law treats a home school as
a home school or a private school).” That bill is currently before
the House Education and the Workforce Committee’s Subcommittee on Education
Reform.
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Page
5. In
the 108th Congress, Texas Congressman Ron Paul introduced H.R.615 to
amend the Internal Revenue Code of 1986 to allow the Hope Scholarship
Credit to be used for elementary and secondary expenses, including expenses
for a home school. That bill was referred to the House Committee on
Ways and Means where it remained.
In the 109th
Congress, Texas Congressman Ron Paul introduced a similar bill, H.R. 403,
to amend the Internal Revenue Code of 1986 to allow the Hope Scholarship
Credit to be used for elementary and secondary expenses, including expenses
for a home school. That bill is currently before the House Committee on
Ways and Means.
Top of Page
6. In
the 108th Congress, Massachusetts Senator Edward Kennedy introduced
S.1793, a bill to provide for college quality, affordability, and
diversity, and for other purposes. Among other things, that bill amended
the Higher Education Act of 1965 (HEA) ostensibly to “limit” federal
control over “any aspect of any private, religious, or home school”.
The bill was referred to the Committee on Health, Education, Labor, and
Pensions where it remained. In the 109th Congress, Ohio Congressman
John Boehner introduced H.R. 609, the College Access and Opportunity Act of
2005, which also amends the Higher Education Act of 1965, also ostensibly
to “limit” federal control over “any aspect of any private, religious, or
home school.” It also provides, “Nothing in this part 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.” That bill was
reported out of committee on July 22, 2005 and is awaiting a vote on the
floor of the House.
Also in the 109th Congress, Ohio Congressman John Boehner also introduced
H.R. 507, the College Access and Opportunity Act of 2005. That bill
also contains the language that appears in H.R. 609 ostensibly to “limit”
federal control over “any aspect of any private, religious, or home
school.” That bill is currently before the Subcommittee on 21st
Century Competitiveness.
Top of Page
7. In
the 108th Congress, California Congressman Howard McKeon introduced H.R.
1261, the Workforce Reinvestment and Adult Education Act of 2003, which
included revisions to the Adult Education and Family Literacy Act
Amendments of 2003. That bill included an “exclusion” for home
schools from participating in “an English language acquisition program, a
family literacy education program, or an adult basic skills and family
literacy education program.” That bill was passed in the House and
the Senate and went before a conference committee to resolve differences in
the differing versions of the bill. In the 109th Congress, California Congressman Howard McKeon
introduced H.R. 27, the Job Training Improvement Act of 2005. That
bill includes a provision regarding Adult Basic Skills and Family Literacy
Education that contains language identical to the language regarding the
“exclusion” for home schools that was contained in H.R. 1261. That
bill was passed in the House and is currently before the Committee on
Health, Education, Labor, and Pensions.
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