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Legislator Wants to Take Homeschool Law Back to the ‘Dark Ages’!

Nebraska homeschoolers are facing the most serious attack in decades from legislation proposed by Senator DiAnna Schimek. Nebraska’s current law was drafted and passed in the early 1980s after Nebraska was embarrassed nationally for harsh treatment of homeschooling parents, including the jailing of pastors and fathers, and with mothers and children fleeing to other states. During a rally by homeschoolers at the state capitol last year, Senator Schimek was heard to say, “We don't know what these homeschoolers are doing. They really need to be monitored.” She is making good on her concern about not knowing what homeschoolers are up to in the form of L.B.1141.

The bill would do among the following:

    * Impose mandatory annual testing and assessment requirements.
    * Grant the Nebraska Department of Education ("NDE") approval authority.
    * Require first-time homeschooled children to take a “baseline” test allowing the Department to determine whether or not “progress has been achieved.”

If in the opinion of the NDE adequate progress is not achieved, homeschoolers would be placed on a six-month probation after which children could be ordered back into public school or remediated with the approval of the Department.

Today, Nebraska law regulates homeschooling by having parents file annual paperwork establishing a private school. The NDE sends an acknowledgment to parents that it has received their notice of their decision to homeschool. Many states have regulations of this type that serve the interest of the state in ensuring that its citizens are educated and respect the fundamental right of parents to direct the upbringing and education of their children.

Studies have conclusively demonstrated that there is no positive correlation between increased regulation and performance. Further, homeschoolers continue to score higher on national standardized achievement tests than their public and private school peers. This type of proposed regulation is unnecessary and imposes a needless burden on homeschoolers. For more information on studies demonstrating the effectiveness of homeschooling go to HSLDA’s online Issues Library.

HSLDA is preparing to work to defeat this legislation by encouraging members to contact the sponsor and by providing testimony at any hearings opposing this unnecessary and burdensome legislation.

Family Told What Curriculum to Use

A member family in South Bend, Indiana recently was told by a local public school official to use specific curriculum to teach their high school age son at home.

Several years ago, the Howard family (name changed to protect their privacy) had their son tested through the public school to see if he had a learning disability. While the testing did reveal some learning disabilities, Mr. and Mrs. Howard decided to continue to teach their son at home, as they felt this was the best place for him. Even though they declined to place their son in the public school, the Howards were told they were required to meet with school officials each year to discuss their son’s learning needs.

At their most recent meeting, a school official questioned Mrs. Howard on the curriculum she used. Additionally, after being told that David spent nearly two hours a day working on his reading with personal Bible study and reading books to his younger siblings, the school official stated that this was not sufficient.

Instead, the official said she would be sending information on certain online curriculum that she wanted Mrs. Howard to use. After this meeting, the Howards contacted Home School Legal Defense Association for help.

HSLDA Staff Attorney Thomas Schmidt assured the family they were not required to use the curriculum prescribed by the school official. Additionally, Schmidt informed the Howards that they could not be required to attend the annual meetings at the public school. The family has decided to continue with privately developed program they have created for their son.

Treaty Threatens Parents’ Rights

All good parents are committed to seeking the best for their children, and in the crucial days of the presidential nominating process, many of us are turning our eyes to the years ahead.

What will the future look like for our children?

Though candidates and voters may have different perspectives on the specifics of achieving a positive future, one thing remains certain: Children need their parents.

The overwhelming majority know that parental involvement in the lives of children makes a key difference when it comes to their healthy development, education and positive life choices. In particular, homeschool families know firsthand the impact of strong parental involvement in the lives of children.

Few dispute the vital role of parents in raising the next generation, but, regrettably, few recognize that the fundamental role of parents is under direct attack.

It’s possible that in the near future, the United States may significantly weaken the rights of parents to raise their children. Crucial decisions that parents are accustomed to making, such as what our children read, who they associate with, what kind of discipline is used, whether we take them to church, or whether we homeschool, all become decisions for the state if the United States ratifies the U.N. Convention on the Rights of the Child (UNCRC).

This frightening scenario could be just around the corner. It’s not as far-fetched as we may believe. The UNCRC, after being approved by the Clinton administration in February 1995, was then sent to the Senate.

In the mid-’90s, the UNCRC was opposed by a core group of senators and stopped. The treaty still can be ratified, however, since we do not know who will control the Congress and the presidency in the future.

Many parents are completely unaware of the hazards lurking within the words of this treaty. Wrapped neatly within its positive phrases and child-focused language is a dangerous disregard for the vital role parents play in the lives of their children.

By allowing the government to define and determine what is in the “best interests of the child,” outside the context of abuse and neglect cases, the UNCRC in effect diminishes the parental role, replacing it with government supervision.

If this treaty is made binding upon our country, government officials could be advancing their definition of the “best interests” of your child—even if it means overriding some of our parental choices.

Since the U.S. Constitution makes treaty provisions binding on the nation, the only way to defend against the UNCRC, if it’s ratified, is to amend the Constitution.

To this end, the Home School Legal Defense Association is actively supporting ParentalRights.org, a new grass-roots movement of concerned parents across the nation. ParentalRights.org is an organization dedicated to ensuring the long-term security of the child-parent relationship.

The ultimate goal, however, of ParentalRights.org is to secure a constitutional amendment that will preserve and protect the rights of parents.

The parental rights amendment does not add to or change current parental rights—it only protects the rights parents presently possess, ensuring that those rights will not be weakened or devalued.

The amendment would ensure that, even if the UNCRC is ratified, your parental rights would still be protected. If you would like to read more about your parental rights and why they need to be protected, visit www.ParentalRights.org.

As the new year gets under way, many of us are thinking about the future of our families. The safeguarding of parental rights is vital to the future of our nation because of the role parents play in the lives of their children is one that no government official ever could replace.

Daytime Curfews Continue to Threaten Freedom

Once again, homeschoolers across the country are facing the threat of daytime curfews. Within the last year, city councils in California, Illinois, Missouri, New Jersey, Ohio, and Texas have considered such curfews.

Daytime curfews are unnecessary for good order. They are often touted as a way to reduce truancy and juvenile crime, but there is little or no evidence to support this. The impact on law-abiding youth, however, is undisputed: restricting a young person’s freedom to move about during the day creates an atmosphere of fear reminiscent of totalitarian states, and often leads to harassment of homeschoolers. Daytime curfews can be especially onerous for homeschooled students, who tend to have the most flexible daytime schedules.

This problem is more than hypothetical. Even when exceptions for homeschoolers are written into the curfew law, police officers frequently presume that any school-age child is truant, regardless of whether they are homeschooled or not.

    * Kyle* was a California homeschooler who was out during public school hours. He was picked up by the police and transported to the local truancy center. If convicted, he would have faced a fine of $195.


    * Amy,* who is homeschooled, lives just outside of the Los Angeles city limits. One morning in 2005, before departing to attend her uncle’s funeral, she took a short walk. But as Amy was walking, she was accosted by a police officer who ticketed her for being on the street in violation of Los Angeles’ Daytime Loitering Ordinance.


    * Jacob,* a 12-year-old homeschooler in California, went to the store one block from his home on February 2, 2006, to buy paper for his homeschool program. A police officer picked him up, brought him home, and cited him for violation of the daytime curfew.


    * On September 9, 1999, Adam,* age 13, was stopped, detained, and issued a citation by a Los Angeles police officer. He had been walking on the sidewalk with no apparent unlawful purpose. On the day Adam received the citation, his home school was not in session. Fairhaven Christian Academy did not open for the school year until four days later.

      * Names changed to protect privacy.

Home School Legal Defense Association does not believe that homeschooled children should be considered guilty until proven innocent. If you have information about a town, borough, or other government body proposing a daytime curfew, please contact HSLDA’s legal department immediately at (540) 338-5600.