I'm thinking about heading to our state legislature with the following simple message: "There should be NO regulation of homeschooling. While it is true that there may be cases where school is simply not being taught, those cases should be handled individually. We do not treat physical abuse of children as the rule and invite investigators into every home with a child, nor should we do so with homeschooling. The rare exceptions should be handled as such... rare. Affidavits should not be required. Does the government really have the right to grant or deny a parent the ability to teach their children at home and in accordance to their own beliefs and needs? To claim such is usurpation. There should be no requirement to fill a certain number of days or hours in a homeschool. Certainly one can understand that what takes one child but a moment to learn, another child may take hours to learn. Children's brains do not absorb information at the same rate from child to child. If a child finishes his work in one hour or seven hours, it should make no difference to the state." Have any of you ever done this and do you have tips for me?
I may not be correct, so forgive me if I am wrong, but in every state, all parents have a legal right to homeschool there child if they choose. Some states make it more difficult, but in the end, the parent does not need their permission. However, they need to follow the regulations. Granted some states regulations are tight, but the parent still has the right to homeschool. Again, I may be wrong, but I do not think any state can legally deny a parent the right to homeschool. In California, we file an affidavit. We are not asking permission. We are notifying the state of our homeschooling. Perhaps it is different in other states, but it has been my understanding that the affidavit is a notice, not a form asking for permission.
If we fill out the County form it is a request to be dismissed. We can simply notify them, but either way we are required to get a letter from them dismissing us. To me, whatever you call that, it's getting permission in order to be legal. That is why a woman in Utah recently got into legal trouble when the county did not get her notice. It is my personal opinion that the government has no business whatsoever determining whether I can legally homeschool my child. If the district wants to call me and ask I will gladly tell them, but I should be legal without having to get a permission slip from the state or school district.
Is HSLDA taking on the Utah case because the state IS in the wrong? We had a discussion about this a bit ago. It is an interesting read. This is the great thing about HSLDA, when the local authority is wrong, they tend to hop right on the case because they lobby for all homeschoolers. I agree, the state should not have any right to tell me how to homeschool, but they do. Again, another reason to be with HSLDA. HSLDA has all the laws and regulations required by each state. If any state, district, or legal authority is telling parents they can't homeschool and the parent IS doing everything legally, the problem rests with the state and HSLDA or another lawyer should be sought out for assistance because the state is over stepping it bounds.
here in Ontario, Canada we send an affidavit notifying the school board that our kids will be homeschooled for they are aware of why they are no longer coming to school but thats it. We dont have to supply anything else or send in anything showing what they are learning just the affidavit each year before Sept for kids between the ages of 6 and 16.
Yet. They cannot deny you arbitrarily yet. I think it is a dangerous first step. That is why I want it changed. For us it was a fairly recent change in law. It's the seemingly innocent legislation that kicks you in the rear later. That is why it is my belief that any government intrusion must be challenged. We have a long history of other laws that started out as something entirely different and gradual encroachment is how they do it. They would never come out all at once and make it illegal. It is always incremental. Anyway, I'm really just looking for information on how to be successful in lobbying efforts.
Why don't you go to HSLDA and check out some of the links they have. Some will lead you to contacting your local/state government offices. http://nche.hslda.org/
Fortunately most people are law abiding citizens. When new legislation is made law it is for the small percentage of those who are not law abiding and do not want to do the right thing. So, that is why we have laws, they can't make people have common sense. KWIM? For example, it is against law to commit murder. I'm not going to commit murder so the law doesn't affect me, only affects those who do commit murder. I have writtent to the President and other elected officials regarding homeschool laws. I have never gone to the state capital though to voice my opinions.
I am a tad different, I feel there should be regulation AND indifference. First, all funding for students in a school district...should be disbursed to the students...either stay at public school, go to private school, or home school. The public schools should compete with private and home. Second, once a student commits to a fiscial/school year, they canNOT participate or gain access to the public school (extra cirricular or otherwise) unless fees are paid.... so there would be a schedule of fees for certain things. Third, ALL students should be reviewed on a yearly basis. ALL teachers should be reviewed on a yearly basis. Any found to be deficient.... well, I say fire 'em, but I guess they'd have to be a 2nd chance kinda thing. It's a little rough, as you can see. But equality is important to me and the education of the child is what this is all about.
I'm always getting e-mails from HSLDA or from the Home Educators of Virginia about lobbying issues and opportunities here in Virginia. You might contact your local HS state organization and/or HSLDA and see what's already in the works for your state and how you can help (or start something, etc.) Rhonda C.
I believe that some states have provisions to declare a homeschool as invalid. For instance, Florida requires the superintendent to review and accept the results of the annual educational evaluation. When the progress is insufficient, continuation of the homeschool is contingent upon the student demonstrating educational progress commensurate with her or his ability at the end of the probationary period of one year. I have heard that the superintendents have differing ideas as to what qualifies as progress, because the law states the student must demonstrate educational progress at a level commensurate with her or his ability. However, just how the child's "ability" is determined depends on the superintendent. Again this is an example of the state allowing parents to homeschool as long as we do it in a way that it or one of its agents does not disapprove.
This is quoted from HSLDA. www.hslda.org/hs/state/fl/FL-resource.asp "11. By what standard do school superintendents judge the evaluations? According to Fla. Stat. Ann. § 232.0201 (2), the school superintendent's acceptance of the test results is not discretionary, but rather mandatory: "The school superintendent shall review and accept the results of an annual evaluation." If, however, "the pupil does not demonstrate educational progress at a level commensurate with his or her ability," the superintendent must notify the parents in writing and give them a "one year probationary period." Fla. Stat. Ann. § 232.0201 (2). A simple statement from the evaluator that the child has progressed commensurate with his ability is sufficient to satisfy this requirement." I am under the impression that if the Superintendent goes against this, he/she is in the wrong. This is when it is time for HSLDA to come to the rescue again. I also came across this forum, link below, while trying to understand the homeschool law of Florida more. I may have misread, but it is my understanding that depending on what option you choose, determines whether you have an evaluation or not. I obviously am not from Florida so I cannot be positive. I know in California we have four options to homeschool under. When I was under Option #3, I was under the rule of the program. http://www.home-school.com/forums/viewtopic.php?t=677&postdays=0&postorder=asc&start=15 This is the second page of the thread. You can go topage one to see what the original post was about. This has indeed been an interesting discussion. I wish more people from Florida would join and give more insight. If homeschooling is legal in all states, then I can't see how any person of authority can deny our right to homeschool. I am not saying that the school system, SS, police, etc... do not attempt to. There is no doubt that they try. But legally, unless we are neglecting our child's education or worse, they do not have a legal leg to stand on. Again, this is my understanding.
Well, I am no expert, but I lived in Florida for 15 years and I have family there. I do know of cases, whether right or wrong, when a superintendent did claim the homeschool as invalid. These families felt they had no choice but to use a cover school option. Besides, not every homeschooling family wants to go through a legal battle. Plus, I do know of one of the HSLDA evaluators for my state. She helps them determine if the family's situation qualifies and she told me that being a member of HSDLA is not a guarantee that you will not have court related fees. Most cases require local legal representation as well, should a simple letter not be sufficient.
It is a shame when a superintendent thinks he/she is above the law. I have heard of more than a few cases in a city about an hour from here. My sister also had a problem with them. The superintendent told her she could not privately homeschool. At the time she didn't know any better so she enrolled her daughters into an charter. Well years later, HSLDA realized what the superintendent was doing. So they took on the case. The parents were able to homeschool under the option of their choice. To this day, even after going to court, I hear that the superintendent is still up to his old tricks. What a shame.:? The cases that have taken place around here, or in the southern part of the state and the ones I hear about, HSLDA has gone the full mile and then some with the families. They do have local representatives, or lawyers who assist. But it is still under HSLDA since they are leading the case. Whether all expenses were covered or not, I do not know. But if it was me, I would see it as money well spent. I couldn't imagine having anybody else assist me than HSLDA. I guess this is why I am a member.
Laws are ALWAYS up for interpretation, which is why we have a court system. I have said this so many times that I know I sound like a broken record, but I firmly believe that every child should study law, as in actually go to a law library and research to see all the cross referencing that is done or just get a Black's Law Dictionary. You will see that they have basically redefine the meanings of some rather common words. Take a simple word like "must." Now if I tell my my daughter she must do something, I certainly don't mean that she may do it--but in contact law that is exactly how "must" may be interpreted, because that was determined long ago in another court case. Another simple word: "or." When we say "or" we mean that there must be a choice between at least two things, but in law "or" may mean "and." It kind of brings a whole different meaning to any contact, doesn't it? We read them thinking that the common meanings of the words are the meanings, but should a contact be challenged in court...it can have quite a different interpretation. That is why legislators need to word laws very carefully and explicitly, and then we need to watch how those laws will be used particularly when it comes to homeschooling--and not just for the sake of homeschooling, but for the sake of parental rights. The fact that we say homeschooling is legal in every state because there are laws saying so, suggests that we are doing something that is otherwise legal without the state giving its permission, that is licensing us. (Another law term!) I have often heard people say that they are informing the state of their decision to homeschool, not asking for its permission. Okay, what else do you have to inform the state about without basically getting its permission? My thoughts on homeschooling is that if it was truly a right and not a state sanctioned privilege, then there would not be any regulation at all. To homeschool legally in my state, I have to submit a monthly attendance report, so my state is aware that my child is being educated. I am wondering how soon it will be before they start requiring a state agent to see my child just because the state agents (teachers) in the public school system do not see the homeschool children to know if they are sheltered, clothed, and fed according to the state standards. A reality in law: all children are wards of state. PARENS PATRIAE - Lat. "parent of his country." Used when the government acts on behalf of a child or mentally ill person. Refers to the "state" as the guardian of minors and incompetent people. Basically, we are allowed to shelter, clothe, and feed our children as long as we do it in a way that the state does not disapprove in the way we do it. What most people do not see is that homeschooling laws are not just about homeschooling, but about defining the line of how far the state will be allowed to exercise its rights under paren patriae. Just think about how Germany uses this same ideology in law and has made homeschooling illegal.
I am reminded of one of my Administration of Justice courses; "Writing for Criminal Justice". The basis of the class was to teach new students and professionals the importance of written communication in the our criminal justice system. The emphasis was on the fact that the better a report is, money and time are saved, court action is expedited, and it holds strong in court for the safety of the public and for a strong conviction of the criminal or suspect. Recordings of real murder scenes were played, arrests, prison riots, etc..., basically one for each field of law enforcement, and the we had to write the report. Some officers have been taught to write in the third person. This course strayed far from this because it leaves room for objectivity. According to the teacher, many departments were starting to change to the first person since it is specific. After watching each recording, we had to write the report as though we were the first arriving officer, security guard, what have you. We are taught to only write the facts. No bias is allowed. After turning in our reports, we all thought we did GREAT! LOL When the reports were returned, we read: check jargon, spelling, abbreviations, initials, and symbols. These could be manipulated in court, so they are not allowed. We had to check for active or passive voice, pronoun agreement, verb tense, gender-neutral language, superfluous words, legalese, conciseness, and accurate, factual reporting. This was overwhelming to say the least. The reason for this was because a suspect has a chance of being released if a report is not written properly. DAs have lost cases over a few words. So basically, the class was to learn to write in a fashion that was tight and undisputable. The most difficult was writing a report for a murder that took place in a prison. The act was recorded so we had to write as though we were the witnessing correctional officer. Many of us had our reports returned several times until we had it short, simple, factual, and legal. It is frustrating to use the right words. I wouldn't presume this at all. I am aware that homeschooling has not always been legal in all states. We do homeschool because it is legal, because the state has declared this, no doubt. I believe no government in the home is the best option and when our rights are stepped upon, we take it to the courts. Even the state has it's limits or many homeschoolers would not have won the battle in the first place. But I do understand where you are coming from and I agree, the government should not have the right to even apply options. They should stay out completely. But since they do not, we do have the courts because they are a higher power. I am just curious, in what areas does the state disapprove? This is not my worry. I am not saying that I do not care, rather my child is God's child before she is mine. Above all things, my child belongs to the Lord first, then to me. Never to the government. I will not give them the power even in thought. Paren patriae has it's place. Again, like everything else or any law for that matter, there will always be those who think they are above it. No doubt, I would act if this became an overbearing norm, most definitely. But, in the end, God is in control. I am not. Neither is the government. All I can do is pray, vote, and make a stand where God leads me.:angel:
Well, that is another murky area. The state never gives its approval, but it will step in when it disapproves and that is left to the determination of its agents, which have varying ideas of what should be disapproved. I think you got it, but for others reading this, my point is simply this: It is absolutely legal to travel, but it is not legal to drive a vehicle on a public road without a license. Likewise, it is legal to homeschool children, but it is not legal in most states to homeschool without meeting some kind of state requirements. That basically is licensing (without a fee, so far)--the state is giving permission to do something that otherwise would be illegal. I think it is really a twist of words to say homeschooling is legal, because it really is not...UNLESS state requirements on homeschooling are met first. It is the licensing, the state's permission, that makes it legal. I agree with your principles about the child being God's and placed in my care, but there is also man's law of land where we must live. I will always support less state involvement in homeschooling, because it should be a truly protected right, that is, it should be without any requirements set by the state to make legal.
Having been a foster parent, I can tell you first hand that this is not at all the case. The Government has control. Or, rather, can take control of your child at any moment with no notice or even reason, really. I had a child placed in my care having been removed from her mother. Do you want to know what horrible sin the mother committed to lose the privilege of being a parent? She went on two dates with a man who had been found guilty of shop lifting nearly two years earlier. The woman's mother, when she learned of the man's "past", pitched a fit to social services. The little girl had never even met the man. It was a one time non-violent offense. I'm not going to say that he was a great guy (I never met him, so I don't know anything beyond the court proceedings). I'm not going to say that the mother was smart/not smart for going on dates with him. But at no point in time was her child in danger in any way. But she lost all legal right to her child for a year and a half while she jumped through hoop after hoop after hoop to earn back her right to care for her child. This mother's rights were proven to be non-existent.
