Texas
Commissioner Issues Memorandum
On January 14, 2000, Jim Nelson, Mike Moses’ successor as Texas Commissioner of Education, issued a memorandum to school districts setting forth the policy of the Texas Education Agency (TEA) regarding home schools. This memorandum essentially ratifies the TEA’s previous policy under Moses. Verification that there would be no significant change in existing policy under the new commissioner was important, because he might have taken a hostile approach to home schooling. Nelson’s memorandum was issued as the result of the efforts of Tim Lambert, president of the Texas Home School Coalition (THSC).
The memorandum reiterates existing policy that local school districts, if they inquire, may expect to receive a letter of assurance from the home school that the curriculum is designed to meet the basic educational goals of reading, spelling, grammar, and mathematics, and offers a course in good citizenship. Parents do not have to take the initiative to provide any notice to local school districts of their intent to operate a home school. Further, once the home school responds to an initial inquiry from public school officials, there is no requirement for annual notification of the operation of the home school.
Commissioner Nelson’s memorandum advises local school districts to contact Child Protective Services only in instances of suspected child abuse or neglect, not truancy. In a number of instances, home schooling families have been contacted by social services simply because of their decision to withdraw a child from public school in order to begin home instruction.
This document also states that students transferring from home schools to public school should be afforded the same treatment as those transferring from unaccredited private schools. Credit for courses taken may be determined by reviewing the curriculum and work of the student or by using appropriate assessments. Despite objections by Home School Legal Defense Association and THSC, Commissioner Nelson sanctioned the use of text-specific tests based upon course content offered in the local public school for assessing secondary-level transferring students. In other words, students in grades 7–12 transferring to the public school may be required to take and pass final examinations of courses they would have taken as public school students. It is HSLDA’s opinion that this method of determining course credits for secondary school students is unfair and unconstitutional in violation of the Due Process and Equal Protection Clauses of the United States Constitution. — Dewitt T. Black
