 | HSLDA RESOURCE |
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| a division of Home School Legal Defense Association | August 15, 2000 |
California—Another Voucher Initiative
A voucher initiative called “The Parental Right to Choose Quality Education Amendment” to the California Constitution has received enough signatures to be placed on the November ballot. In 1993, the last voucher initiative was defeated by a wide margin. Home School Legal Defense Association, Christian Home Educators Association of California, and Family Protection Ministries opposed, but did not publicly campaign against, the 1993 initiative.HSLDA takes the same position on this one.
Should the initiative pass, private school students will be eligible for an annual scholarship of $4,000 or more. Any scholarship amount over tuition and fees goes into a state-managed account for the child. The parent may apply any surplus to future tuition exceeding the scholarship for that child from kindergarten through an undergraduate degree.
A private school may become a scholarship-redeeming school in grades K–12 by agreeing not to discriminate in admission of students; preparing a statement of financial condition; and administering nationally normed reference tests required for public school students.
Although these scholarships are not called vouchers, they will have the same practical effect. These payments open the recipient to potential government regulation and ultimately control. Proponents have attempted to guarantee that private schools shall be free from unnecessary regulation and that any statute pertaining to private schools must be approved by a three-fourth’s vote in each house of the legislature.
HSLDA does not believe this provision will protect home educators from adverse legislation. Because the initiative would enable home educators operating as private schools to receive the scholarship, we believe that the education establishment will view this as a threat to public education. Arguing that the scholarship law is fraught with potential for abuse, the education establishment will recognize that it would be difficult to amend the private school law and look for alternatives. If the legislature chooses to create a separate exemption for home education in California, home educators would no longer operate as private schools.
A new home school law is a bad idea for home educators in California. Our current freedoms under the private school exemption are constitutionally defensible and deserve protection. A home school law would not likely afford the same amount of freedom. Most home school laws in other states require student identification; curriculum proof; a course outline; and annual evaluation. California has none of these requirements now.
Another concern is that if the Superintendent of Public Instruction declares home educators ineligible for the scholarships, a home schooling family may litigate for scholarship money, increasing the potential for dangerous home school legislation.
From HSLDA’s perspective, vouchers are a bad idea for all private education. When private schools receive government money or favors, whether directly or indirectly, the government will inevitably regulate and ultimately control its beneficiaries.
— J. Michael Smith
