The Home School Court Report
VOLUME XVI, NUMBER 3
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MAY / JUNE 2000
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Cover Story
A Tribute to Home School Moms

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Changing of the Guard

Legal Contacts for March/April 2000

National Center Reports

CAP Training and Lobby Day

Elementary and Secondary Education Act

Marriage Tax Penalty Relief

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North Dakota

Imposition of State Testing on Home Schoolers Attempted

This past March, the Ellendale Public Schools superintendent sent a letter to all parents conducting home-based instruction within the school district. He erroneously advised them that their children were required to participate in the state testing program. Public school students are tested in grades K, 4, 6, 8, and 10, whereas students in a home education program are required to be tested in grades 3, 4, 6, 8, and 11. The superintendent intended to test all of the home education students at the public school in grades K, 3, 4, 6, 8, and 10.

This proposal was contrary to state law in two respects: first, testing would have occurred at the kindergarten and 10th grade which is not required of students receiving home education, and, second, the tests would have been administered only at the public school. Home schooling parents in North Dakota have the option of having their children tested in the child’s learning environment, i.e., at home.

Home School Legal Defense Association pointed out to the superintendent of Ellendale Public Schools that students in a home education program are not public school students. Therefore, they are not subject to testing requirements prescribed for those enrolled in the public school. HSLDA also advised the superintendent that the member family contacting us for assistance would not present their children for testing at the public school. The superintendent made no further efforts to require the unauthorized testing.

HSLDA member families encountering testing problems similar to this should not hesitate to contact our office for assistance. — Dewitt T. Black