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Tidbits & Trivia
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New York
Religious Freedom, Parental Rights, & Tax Credits Legislation
The New York legislature is considering a number of bills of interest to home schooling families, in addition to those reported in the March/April 1999 issue of the Court Report.
Senate Bill 242, introduced by Senator Carl Kruger (D-21), relates to free exercise of religion. This statutory proposal would guarantee that the compelling state interest test be used in all matters in which the government substantially burdens a person’s exercise and enjoyment of religious profession and worship. This test would require the government to demonstrate that its action is in furtherance of a compelling governmental interest and is the least restrictive means of furthering that interest. Home School Legal Defense Association supports this type of legislation and urges families to contact their legislators requesting enactment of this legislation. The companion bill in the assembly is A.B. 5139, sponsored by Assemblyman Sheldon Silver (D-62).A.B. 644, sponsored by Assemblyman Anthony Seminerio (D-38), and S.B. 4260, sponsored by Senator Serphin Maltese (R-15), propose a constitutional amendment which states:
The right of parents to direct the upbringing and education of their children shall not be infringed. The Legislature shall have power to enforce by appropriate legislation, the provisions of this section.
In view of the erosion of parental rights through court decisions in recent years, there is a need to reverse this dangerous trend through constitutional amendments such as is now being proposed in New York.
S.B. 4445, also sponsored by Senator Maltese, proposes a tax credit of up to $500 for instructional materials for a “non-public home-based educational program.” This program is defined as one “approved by competent authorities.” While HSLDA believes that the proposal for a tax credit is something to be supported, there should be no language in the law indicating that public school officials have the right of approval over a home instruction program in New York. At most, the eligibility for claiming the tax credit should rest upon compliance with the home instruction regulations now in effect for New York residents. A.B. 8491 is the companion bill to S.B. 4445.
Co-sponsored by Assemblymen Steven Sanders (D-63) and Martin Luster (D-125), A.B. 631 would require school districts to permit home school students to participate in extracurricular activities at the public school. If this legislation passes, parents who desire that their children participate in extracurricular activities would have to file a request with the local board of education by June 1 of the preceding school year in order to be eligible for participation. HSLDA takes a neutral position on such legislation.
A.B. 5702, sponsored by Assemblyman Robin Schimminger (D-140) and S.B. 4131, sponsored by Senator Mary Lou Rath (R-60), are companion bills which would increase the compulsory attendance age from 16 to 17 unless the minor has graduated from high school. All families in New York, not just those who are teaching their children at home, should oppose such an expansion of government control over the education of children.
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