| From the HSLDA E-lert Service: |
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| Date: From: Subject: | 2/21/2002 5:02:53 PM Scott A. Woodruff, Esq., Staff Attorney of HSLDA Vermont--Calls urgently needed on VT House Bill 703 |
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---------------------------------------------------------------------- From the HSLDA E-lert Service... ---------------------------------------------------------------------- February 21, 2002 Dear Vermont HSLDA Members and Friends, House Bill 703 (H. 703), which would prevent the commissioner of education from delaying home school enrollment, is at a critical stage and needs your help. REQUESTED ACTION If your representative is on the House Education Committee (see list below), please contact him or her immediately. Your message may be as simple as: "Please vote H. 703 out of committee without any Department of Education amendments. Current law allows the commissioner of education to delay home school enrollment by up to 85 days. This puts innocent families in a situation where they could be subject to criminal prosecution or child neglect even if they have done everything the law requires. H. 703 solves this problem by treating families as enrolled as soon as they file their notice." BACKGROUND In order for a bill to be enacted, it must pass out of committee this week. The House Education Committee is moving very slowly. It may ignore this good bill unless Vermont's home school families vocally demonstrate their support for it. As originally filed, H. 703 was a bill that dealt with limiting social services investigations of home school families. The House Education Committee subsequently changed the bill to deal with preventing delays in home school enrollment. HSLDA supports the bill in its present form. The Department of Education has proposed unacceptable amendments that would water down the bill and add extra layers of bureaucracy. REASONS TO SUPPORT H. 703 1. In the great majority of states, parents can lawfully begin their home school program without waiting for any government official to do anything. In Vermont, however, if the commissioner of education does not respond after a family files an enrollment notice, the family cannot legally home school for 45 days. If the Department demands a hearing within that time, the family can be delayed an additional 40 days. During this time, the family is subject to criminal prosecution and child neglect proceedings. This is true even if the family has fully complied with the law. H. 703 allows families to be enrolled immediately upon filing their notice. The commissioner can still demand a hearing, but the family could home school legally unless there is a hearing and the hearing officer orders them to stop. 2. Under current law, if the commissioner demands a hearing within the 45 days, the burden of proof is on the family to prove they have not violated the law. This is unjust and illogical. If the commissioner calls a hearing after 45 days, on the other hand, the burden of proof is on the commissioner to prove the family has not complied with the law. H. 703 puts the burden of proof on the commissioner regardless of when a hearing is called. 3. Under current law, if a family fails to file required information with the notice of enrollment, the commissioner can demand that the family supply additional information. If the family does not supply the information, the family is guilty of violating two separate sections of the law--the section that required the information in the first place and the section that required the family to supply additional information upon the demand of the commissioner. This is important because a hearing officer can order a family to stop a home school program if it has substantially failed to comply with the law. Obviously, violating two sections of the statute is closer to being a substantial failure to comply than violating a single section of the statute. If a family believes the commissioner is asking for information not truly required under law, they must to be allowed to explain this without fear of being accused of committing a crime. H. 703 solves this problem by specifically allowing the family to submit an explanation of why they are not sending in certain information. This does not mean the family gets to pick and choose what information to send. The same information that is required under current law is required under H. 703. The "explanation" provision of H. 703 simply allows the family to submit a good faith explanation and thus avoid the chance of being charged with violating two sections of the statute based on a single decision. H. 703 does not change the current enforcement mechanism for families not in compliance with the law. CONTACT INFORMATION If your state representative is listed below, please call immediately to help this significant bill move forward toward enactment. You can call 802-828-2231. This is a central message service for representatives. If you prefer, you can send a fax to any representative at 802-828-2424. If you do not know who your state representative is (link to leg toolbox, etc.) HOUSE EDUCATION COMMITTEE Rep. Howard Crawford of Burke, Chair Rep. Jason Barney of Highgate, Vice-Chair Rep. Jack Anderson of Woodstock Rep. Erron Carey of Chester Rep. George Cross of Winooski Rep. Virginia Duffy of Rutland City Rep. Kathy LaVoie of Swanton, Clerk Rep. Alice Miller of Shaftsbury Rep. Donny Osman of Plainfield Rep. Neil Randall of Bradford Rep. Susan Wheeler of Burlington Thank you for supporting freedom in your state. Sincerely yours, Scott Woodruff HSLDA Staff Attorney {{JoinAd}} ---------------------------------------------------------------------- The HSLDA E-lert Service is a service of: Home School Legal Defense Association P.O. 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Thank you for your cooperation. ---------------------------------------------------------------------- | |
