Home School Legal Defense Association  HOME SCHOOL LEGAL DEFENSE ASSOCIATION

 
The Home School Court Report
VOLUME XV, NUMBER 2
- disclaimer -
MARCH / APRIL 1999
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Cover Story
Daytime Curfew Invalidated in Monrovia

Special Features
Let the Debate Begin

CAP Trainees March Fourth!

Home Schooling Works: Pass It On!

National Center Reports
Federal Issues Update

“Know Your Customer” Regs to be Withdrawn

National Center Offers Military and College Admissions Packet

NEA Opposes All That is Good for Families

Across the States
State by State

Regular Features
Active Cases

Prayer and Praise

Press Clippings

President’s Page

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Across the States
AK · AL · CA · CO · DE · HI · ID · IL · KS · MA · MD · MI · MO · MS · MT · NE · NC · NH · NJ · NM · NV · NY · OH · SC · SD · TN · TX · VA · WI · WY
South Dakota
Turmoil Over Second Grade Tests
    South Dakota recently enacted a law that requires every public school child to take a nationally normed standardized test in the second, fourth, eighth, and eleventh grades, and a writing test in grades five and nine. When South Dakota Representative Jeff Monroe went to Governor William Janklow to ask him to veto this bill, the governor assured Representative Monroe that the bill only applied to public schools. Despite the governor’s interpretation of the law, the state department of education and cultural affairs has been misinterpreting it in ways that are causing serious confusion for many home schooling families—and public school districts.
    Public schools are confused about the meaning and purpose of the new law. The Aberdeen School District sent a letter out to all home schooling parents saying, “Because of increased security requirements instituted by the state testing contractor, parents of alternative instruction students will no longer be allowed to administer the test in a setting outside of the public school district.” Meanwhile, the Rapid City Area School District sent a letter stating, “Parents may choose to have another nationally standardized achievement test selected by and provided at the expense of the parent, guardian, or school giving the alternative instruction. This test will not be administered by the school district.” It is obvious that the school districts do not know what to do.
    HSLDA has explained to the department of education and cultural affairs and to the South Dakota Attorney General’s Office that there are serious constitutional problems with applying the second grade testing requirement to home schools. The legislature tried to step in to “solve” this problem, with South Dakota Senate Bill 23. This bill would have required home schoolers to take all of the standardized tests that public school students now have to take, plus the writing tests in grades five and nine. South Dakota home schoolers activated phone trees all over the state to preserve their liberties. By God’s grace, this bill was defeated by a vote of 25 to 9 on January 28 in the South Dakota Senate.
    At this point, HSLDA is advising member families not to turn in second grade test results. We encourage families, if possible, to have their second grade children tested privately, but to keep any such test results confidential. The department of education and cultural affairs is well aware of our position on this issue, and is expecting a substantial number of home schooling families to refuse to cooperate with second grade testing. We are confident that the department will ultimately take the necessary steps to resolve this problem if home schoolers will stand up for their liberties.

Hail! South Dakota
by
DeeCort Hammit

“. . . She has her black hills, and mines with gold so rare, and with her scenery, no other state can compare . . .”



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