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| Date: From: Subject: | 1/21/2005 12:45:48 PM Home School Legal Defense Association North Dakota--Report on Homeschool Bill |
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====================================================================== From the HSLDA E-lert Service... ====================================================================== January 21, 2005 North Dakota--Report on Homeschool Bill Dear HSLDA members and friends: Thanks to all of you who called legislators and attended the hearing of the House Education Committee this past Monday on House Bill 1265. Homeschooling families filled the hearing room at the State Capitol to show support for this important legislation. Testimony from several witnesses was offered both in support and opposition to the bill. Many thanks to the homeschool leaders and parents who testified about how current law hinders or prohibits them from doing what is best for their children. I testified that the current restrictions on homeschoolers are unnecessary as indicated by the most recent studies. I also pointed out to the Committee that North Dakota is the only state in the nation requiring the monitoring of parents by certified teachers and prohibiting parents from homeschooling their developmentally disabled children. Finally, I expressed HSLDA's opinion that the current law regarding developmentally disabled children is in violation of the fundamental right of parents to direct the education of their children under the Fourteenth Amendment to the United States Constitution. After the hearing, the Committee discussed the bill and decided to appoint a subcommittee to consider amendments to the bill. This indicates that the Committee is not inclined to pass the bill in its present form but may be willing to pass an amended version. Unfortunately, what the Committee is willing to pass may not be acceptable to homeschoolers. As written, this bill would eliminate all monitoring of homeschooling parents by state-certified teachers. The requirement that the home education program be conducted in the home would be deleted. Additionally, the law would be changed to permit parents to homeschool children who have developmental disabilities, such as Down's syndrome. These changes in the law would place North Dakota more in line with the homeschooling laws of other states. Legislators still need to hear from you on this bill. A letter is the most effective means of communication, but e-mails and calls will also help. Letters may be addressed to members of the House of Representatives as follows: [Name of Representative] Legislative Assembly State Capitol 600 East Boulevard Avenue Bismarck, ND 58505 REQUESTED ACTION: 1. Please contact as many members of the House Education Committee as possible and your own state representative with this message: "Please vote for House Bill 1265. This bill would bring the homeschool law of North Dakota more in line with other states by removing unnecessary restrictions on parents. It would permit parents with a high school diploma or GED to homeschool their children without being monitored every week by a state-certified teacher. Additionally, parents would not be confined to their home in providing the instruction. It would also allow parents to homeschool their developmentally disabled children, as every other state permits." It is not necessary for you to contact the two sponsors of the bill serving on the House Education Committee: Representative Margaret Sitte and Representative Lisa Meier. Members of the committee are as follows: RaeAnn G. Kelsch (R) - Chairman (701) 220-0003 rkelsch@state.nd.us Dennis Johnson (R) - V. Chairman (701) 739-9328 djohnson@state.nd.us C.B. Haas (R) (701) 974-3738 chaas@state.nd.us Lyle Hanson (D) (701) 251-1654 lhanson@state.nd.us Kathy Hawken (R) (701) 293-5483 khawken@state.nd.us Gil Herbel (R) (701) 352-2294 gherbel@state.nd.us Stacey Horter (R) (701) 791-2962 shorter@state.nd.us Bob Hunskor (D) (701) 272-6283 bhunskor@state.nd.us Lisa Meier (R) (701) 255-4166 lmeier@state.nd.us Phillip Mueller (D) (701) 435-2737 pmueller@state.nd.us Mike Norland (R) (701) 770-1657 mnorland@state.nd.us Margaret Sitte (R) (701) 255-4885 msitte@state.nd.us Dorvan Solberg (D) (701) 568-3614 dsolberg@state.nd.us John Wall (R) (701) 642-2103 jwall@state.nd.us You can find the name and telephone number of your state representative by using HSLDA's Legislative Toolbox at http://www.hslda.org/elink.asp?ID=2033 2. Please forward this e-mail to every homeschooling family you know who is not a member of HSLDA and urge them to contact members of the committee and their own state representative. BACKGROUND North Dakota is unique in two respects regarding its homeschool law. First, it is the only state in the nation requiring parents with a high school diploma or a GED to be monitored by a state-certified teacher. Second, it is the only state in the nation prohibiting the homeschooling of children with developmental disabilities, except for children with autism. Autistic children in North Dakota may be homeschooled under very restrictive conditions. Forty-one states do not require homeschooling parents to have a high school diploma or GED. Nine states, including North Dakota, require the diploma or GED, but only North Dakota requires weekly monitoring by a state-certified teacher. Most noteworthy, every study conducted thus far on homeschooling has found that the formal education level of teaching parents makes no significant difference in the performance of their children on standardized tests. These students score on average 15-30 points higher than their public school counterparts. HSLDA has long taken the position that North Dakota's law prohibiting the homeschooling of developmentally disabled children is unconstitutional. We believe this law violates the fundamental right of parents to direct the education of their children as guaranteed by the Fourteenth Amendment to the United States Constitution. We are eager to challenge this law in court if the North Dakota Legislature fails to provide relief from this overly restrictive law. However, it would be much easier on the affected families if the Legislature would simply fix the law. From an educational standpoint, there can be little question that the one-on-one attention given to a developmentally disabled child by a parent is more effective than a classroom setting. This has been confirmed in two studies by Steven F. Duvall, P.h. D., a Kansas school psychologist, who found that there are higher rates of time in homeschooling where the student is "academically engaged" and consequently greater academic gains were made by homeschool students who have learning disabilities. To view a copy of the text of House Bill 1265, go to http://www.hslda.org/elink.asp?ID=2034 Please call now! Sincerely, Dewitt T. Black, III HSLDA Senior Counsel ---------------------------------------------------------------------- -> Can you look at the clouds and tell the direction of the wind? An interesting phenomenon of wind is that it can blow in multiple directions at the same time, at different heights from the ground. But usually there is a prevailing wind. HSLDA watches the gusts and monitors the prevailing trends of change in the legal climate of home education. So no matter which way the wind is blowing, we're there to protect your family. 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Thank you for your cooperation. ====================================================================== | |
