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LEGISLATION CURRRENTLY BEFORE THE 110TH CONGRESS
HR 1058: Hope Scholarship Act of 2007
HR 1056: Family Education Freedom Act of 2007
S 1332: Mental
Health in Schools Act of 2007
H. R. 2647: The Mental Health and Substance Abuse
Juvenile Services Improvement Act of 2007
1. HR 1058: Hope
Scholarship Act of 2007
Proposed by: Congressman Ron Paul
Purpose: To amend the IRS Code to allow the Hope
Scholarship Credit to be used for elementary and secondary expenses.
Bill text of concern:
SEC. 2. HOPE SCHOLARSHIP
CREDIT AVAILABLE FOR ELEMENTARY AND SECONDARY
EDUCATIONAL EXPENSES.
(a) In General-
Subsection (f) of section 25A of the Internal Revenue Code of 1986 is
amended by adding at the end the following new paragraph:
`(3) SPECIAL
RULE FOR HOPE SCHOLARSHIP CREDIT- In the case of the Hope Scholarship
Credit, the term `qualified tuition and related expenses' shall include
`qualified elementary and secondary education expenses' (as defined in
section 530(b)(4)); except that--
`(A)
such term shall include a contribution or gift to the school (other than
the home school ) at which dependents of the taxpayer are attending, and
`(B) the term `school' shall include a home
school .'.
(b) Effective Date-
The amendment made by this section shall apply to taxable years beginning after December 31,
2006.
Possible consequences: IRS
will be able to develop administrative rules defining what is a “home
school” and what is a “qualified expense” in a home school, thereby
necessitating further scrutiny by the IRS into an individual’s home school
and curriculum. A federal definition
of “home school” may also supercede and negate a
state definition of a “home school” and state law regarding the existence
of home schools.
2.
HR 1056: Family Education
Freedom Act of 2007
Proposed
by: Congressmen Paul, Feeney, Rush and
Sensenbrenner
Purpose: To amend the IRS Code to provide a tax
credit for tuition and related expenses for the cost of
attendance at an educational
institution, including any private, parochial, religious, or home school
organized
to provide elementary or secondary education, or both.
Bill
text of concern:
“(c) Definitions- For purposes of this section--
`(1) QUALIFIED EDUCATIONAL EXPENSES- The term `qualified
educational expenses' means cost of attendance in connection with the
elementary or secondary education of the student at a qualified educational
institution. Under regulations prescribed by the Secretary, rules similar
to the rules relating to cost of attendance (within the meaning of section
472 of the Higher Education Act of 1965 (20 U.S.C. 1087ll) (as in effect on
the date of the enactment of this paragraph) shall apply for purposes of
the preceding sentence.
`(2)
QUALIFIED EDUCATIONAL INSTITUTION- The term `qualified educational
institution' means any educational institution (including any private,
parochial, religious, or home school ) organized for the
purpose of providing elementary or secondary education, or both.”
“(e) Regulations- The Secretary shall prescribe
regulations to carry out this section, including regulations
providing for claiming the credit under this section on Form 1040EZ.'.”
Possible
consequences: IRS will be able to
develop administrative rules defining what is a “home school” and what is a
“qualified expense” in a home school, thereby necessitating further scrutiny
by the IRS into an individual’s home school and curriculum. A federal definition of “home school” may
also supercede and negate a state definition of a
“home school” and state law regarding the existence of home schools.
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- S
1332: Mental Health in Schools Act of 2007
Proposed by: Senators Reid, Kennedy, Domenici, Dodd,
Enzi
Purpose: To amend the Public
Health Service Act to revise and extend projects relating to children and
violence
to provide access to school -based comprehensive mental health programs.
Bill text of concern:
“(B) That the comprehensive school
-based mental health program carried out under this section support
the flexible use of funds to
address--
`(i) the promotion of the social, emotional,
and behavioral health of all students in an environment
that is
conducive to learning;
`(ii) the reduction
in the likelihood of at risk students developing social, emotional, or
behavioral
health
problems;
`(iii) the
treatment or referral for treatment of students with existing social, emotional,
or
behavioral
health problems;
`(iv) the
early identification of social, emotional, or behavioral problems and the
provision of early
intervention services; and
`(v)
the development and implementation of programs to assist children in
dealing with violence.
`(B) STUDENT AND FAMILY
MEASURES OF OUTCOMES- The measures of outcomes developed
under paragraph
(1)(B) relating to students and families shall, with respect to activities
carried
out under a
program under this section, at a minimum include provisions to evaluate--
`(i) whether the program resulted in an increase in
social and emotional competency;
`(ii) whether the
program resulted in an increase in academic competency;
`(iii) whether the
program resulted in a reduction in disruptive and aggressive behaviors;
`(iv) whether the
program resulted in improved family functioning;
`(v) whether the
program resulted in a reduction in substance abuse;
`(vi) whether the program
resulted in a reduction in suspensions, truancy, expulsions and
violence;
`(vii) whether the
program resulted in increased graduation rates; and
`(viii)
whether the program resulted in improved access to care for mental health
disorders.
Possible
consequences: The bill promotes
government intervention in family matters, particularly when it talks about
“early intervention”, i.e., before a child reaches compulsory school
attendance age. In addition, it
promotes “school/family/community” linkages for the purpose of effecting
“social, emotional or behavioral intervention”. It does not specify how the
“intervention” is to take place or if the “intervention” will be voluntary
at the request of the family or if the family will be compelled by the
government to accept the “intervention”.
In addition, it provides for “measures of outcomes” to be reported
back to the government concerning issues unrelated to “mental health”, such
as “academic competency, graduation rates, suspensions, truancy, and
expulsions, and family functioning.
Also, if the term, “school”, is defined in federal law to include
“home school”, then “school based mental health” may be applied to a “home
school”, leading to still more government intrusion into the home and
family.
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- H.
R. 2647: The Mental Health and
Substance Abuse Juvenile Services Improvement Act of 2007
Proposed by: Congressman Jefferson
Purpose: to promote mental health
among all children, from birth through adolescence, and their
families and to provide
early intervention services to ameliorate identified mental health problems
in
such
children.
Bill text of concern:
`(1) provide a comprehensive, community-based, culturally
competent and developmentally appropriate prevention and early intervention
program that provides for the identification of early mental
health problems and promotes the mental health and enhances the resiliency
of children from birth through adolescence and of their families;
`(2) incorporate
families, schools, and communities in an integral role in the
program;
`(3)
coordinate behavioral health care services, interventions, and supports in traditional
and non-traditional settings and provide a continuum of care for children
from birth through adolescence and for their families;
`(8) provide
school -based mental health assessment and treatment services conducted by
a mental health professional (who may be a school counselor, school nurse,
school psychologist, clinical psychologist, or school social worker) in public
elementary or secondary schools.
`(f) Evaluation- The Secretary shall ensure that entities
receiving awards under subsection (a) carry out an evaluation of the
project, including an evaluation of the effectiveness of program
strategies, and short, intermediate, and long-term outcomes including the
program's overall impact on strengthening families with young children and creating
environments in home , school , and community settings that promote
healthy emotional development and reduce incipient mental health and
substance abuse problems. Local educational agencies receiving such awards
shall ensure that the schools receiving these funds maintain an average
ratio of one certified or licensed--
`(1) The term `mental health' means a state of successful
performance of mental function, resulting in productive activities,
fulfilling relationships with other people, and the ability to adapt to
change and cope with adversity.
`(2) The term `mental illness' refers to all diagnosable
mental disorders (health conditions characterized by alterations in
thinking, mood, or behavior or some combination thereof) associated with
distress or impaired functioning or both.
Possible
consequences: This bill also involves
government into the home by promoting the mental health of children “from
birth”. This bill also does not
specify whether the government intervention is voluntary or
compulsory. It also promotes
intervention in “public elementary or secondary schools”. The definition of
“public elementary and secondary schools” may include home schools,
particularly because the bill seeks to have an impact on “creating
environments in home settings.”
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