SOUTH DAKOTA
Home School Families Face Opposition
Homeschoolers in South Dakota are currently engaged in two battles. The first is the department of education's attempt to require all homeschoolers to send certified copies of their children's birth certificates to the local public school. The second is round two of the battle over the Metropolitan Achievement Test, version 7 (MAT7).
Birth Certificate Controversy
This fall, for the first time, the South Dakota Department of Education decided to require homeschoolers to submit their children's birth certificates to the local public school. Homeschoolers throughout South Dakota have decided to stand on principle and decline to send certified copies of their children's birth certificates to the school district.
The birth certificate law in Section 13-27-3.1 indicates that the birth certificate needs to be on file at the school that the child is attending. Throughout the compulsory attendance law, home schools are treated as separate schools. Therefore, HSLDA's position is that a home schooling family is in compliance with the birth certificate law as long as they have a copy of a certified birth certificate on file at their home school.
Several school districts, however, have questioned homeschoolers who have resisted sending their child's birth certificates to the public school. For instance, in the Mobridge School District, home school parents were told "it is also our understanding that the applications are not to be approved without copies of the children's birth certificates." Other school districts that have pursued HSLDA members over the birth certificate issue are in Sturgis, Salem, Mitchell, Spearfish, Yankton, and Selby.
Attorney Klicka wrote to all these school districts and sent them a copy of his analysis of the birth certificate law. As of this writing, homeschoolers have been left alone in each of these situations. There is a strong indication that the school districts are backing down on this issue. HSLDA will keep its members informed of any developments.
MAT7 Controversy
In South Dakota, all alternative education programs, including home schools, are required to use a standardized achievement test "designated for use" in the local school district. Last year, HSLDA defended families from school districts who were insisting that homeschoolers take the MAT7 Test only. Many of these homeschoolers had religious objections to this test. HSLDA was able to obtain a copy of the MAT7 Test and discovered that there were some potentially objectionable questions throughout the science, social studies, and reading sections of the test. Inge Cannon of the National Center for Home Education was able to contact the Psychological Corporation, which publishes the MAT7 Test, and point out these problems. The Psychological Corporation responded very favorably to the homeschoolers' concerns. The problems with the current test, however, still remain. This year some homeschoolers could once again face being forced to take a test which violates their religious convictions.
Last year Attorney Klicka convinced several school districts to reconsider their threat to terminate homeschoolers if they did not submit the results of the MAT7 test. Those families submitted results from the Stanford Achievement Test in lieu of the MAT7, and were subsequently left alone.
Already HSLDA members in Sioux Falls have contacted HSLDA to inform us that their school districts are requiring the MAT7 for all school children this year. HSLDA is presently preparing correspondence to those school districts to convince them that homeschoolers have the legal option, based on their First Amendment rights and various statutory arguments, to choose the Stanford Achievement Test over the MAT7. HSLDA is hoping this school district will permit the substitution with no further conflict.
New Legislation Being Drafted
In light of the favorable outcome of recent elections, HSLDA is working closely with home school leaders in South Dakota to draft legislation for introduction in the 1995 session. This legislation would change the home school law in three ways.
First, alternative education programs would be allowed to use any national standardized achievement test for their children. This is similar to the home school laws of most other states.
Second, the proposed legislation would allow parents to submit an evaluation by a qualified person in lieu of the results of the standardized achievement test. This will enable parents with children who are poor test takers or who have special needs to submit information to the school district which would accurately indicate the child's progress. The school district currently has the power to refuse to renew the alternative instruction certificate of excuse if they believe that the child is not being instructed in compliance with the law.
Third, the legislation would change references to an "Application for Excuse from Attendance" to a "Notice of Intent to Provide Alternative Instruction." This change in terminology would mean that homeschoolers could simply notify the school district of their compliance with the certain requirements in the home school law, rather than requesting the school district's approval.
If sponsors are secured and the legislation is actually introduced, HSLDA will send all South Dakota members alerts and copies of the proposed language.
