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Tidbits & Trivia
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Texas
Legislation Roundup
Several bills introduced in the Texas legislature would affect the rights of parents operating home schools.
House Bill 2645, sponsored by Representative Tom Uher (D-29), would lower the compulsory attendance age from 18 to 17. This reduction in the time during which the state could claim an interest in the education of children is supported by Home School Legal Defense Association. On the flip side of this issue is H.B. 1849, sponsored by Representative David Lengefeld (D-59), which would lower the compulsory attendance age from six to five. HSLDA opposes this type of legislation as a further intrusion of government into the right of parents to determine when a child is ready to begin school.
Representative Jerry Madden (R-67) has introduced H.B. 531 which would authorize home school students to dual enroll in a public school in order to participate in an academic class on the same basis as regularly enrolled students. Similarly, H.B. 220, introduced by Representative Joe Nixon (R-133), would prohibit the University Interscholastic League from denying children in a private school the opportunity to participate in League-sponsored activities. Since home schools are considered to be private schools in Texas, home school students would be eligible to participate in sports at the public school should this legislation be enacted. HSLDA takes a neutral position on home school students’ equal access to public school facilities and programs.
Representative Phil King (R-61) has introduced H.B. 2913 to eliminate discrimination against home school students in the college admission process. This bill provides that an institution of higher education, in considering the application of a person who has completed a nontraditional secondary education, must treat the person fairly and according to the same general standards as other applicants for undergraduate admission. The bill specifically prohibits a college from requiring that the applicant have a general education development (GED) certificate or a high school diploma or to take any examination not required of other applicants for undergraduate admission to the institution. HSLDA supports this legislation.
House Joint Resolution 91, introduced by Representative Talmadge Heflin (R-149), proposes a constitutional amendment to provide for the inalienable rights of parents to direct the upbringing and education of their children in Texas. The text of the proposed constitutional amendment reads:
The rights of parents to direct the upbringing and education of their children shall not be infringed or abridged by the legislature or any political subdivision of the state. The legislature shall have the power to enact laws to enforce the provisions of this Article.
HSLDA supports this type of parental rights legislation.
Senate Bill 138, relating to religious freedom, has passed both the senate and house. This legislation establishes the compelling state interest test as the law in Texas for free exercise of religion. According to the language of this bill, a government agency would be prohibited from substantially burdening a person’s free exercise of religion unless the agency could demonstrate that the application of the burden to the person is necessary because it is in furtherance of a compelling governmental interest and is the least restrictive means of furthering that interest. As this article goes to press, differences in the senate and house versions are being resolved in conference committee. Governor George Bush is expected to sign this legislation. HSLDA is assisting legislators in a number of other states who desire to pass similar legislation protecting religious freedom.
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