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2/9/2006 1:45:25 PM Home School Legal Defense Association Vermont--Homeschool Legislation a Mixed Blessing

====================================================================== From the HSLDA E-lert Service... ====================================================================== February 9, 2006 Dear HSLDA members and friends: The Vermont Department of Education has been working for months on legislation that would amend the homeschool law. Although this legislation has not yet been officially filed and does not have a bill number, we finally have a firm draft of the proposed legislation. We are notifying you of the implications of this legislation even though HSLDA is officially neutral on this bill. HSLDA is not generally neutral regarding a bill that makes major changes to a state's homeschool law, but this is an appropriate exception. Vermont homeschoolers and Department of Education officials have become extremely frustrated with the existing homeschool statute, which has been on the books for nearly a generation. In an effort to solve some of its own problems, the Department has proposed making some changes that would genuinely help homeschoolers, while "tightening up" other provisions of the law. HSLDA cannot support a bill that gives as much ground as this one does in the area of assessments, but cannot oppose a bill that improves the enrollment process as much as this one does. Therefore HSLDA is officially neutral. Action Requested: (1) Look up your own legislator using HSLDA's Legislative Toolbox at http://www.hslda.org/toolbox / . Call him or her and identify yourself as a homeschooler. Say, "The Department of Education wants to simplify the homeschool law. Do you support giving more freedom to homeschoolers?" (2) If your legislator is homeschool friendly, say, "The Department's bill solves a few problems, but does not address the most important issues. We would like your support for an additional bill next year." (3) Please e-mail us at legale@hslda.org if your legislator is willing to help. Background: Retta Dunlap has a draft version of the proposed legislation on her website at http://www.vhen.net/html/200175_v1.pdf . If you read the bill, you will see that it allows families that have been legally homeschooling for two or more years in Vermont to stop sending detailed outlines of the "minimum course of study" every fall. This should be a major improvement, since the Department has been notorious about nitpicking enrollment notices over the last several years. Unfortunately, the same bill would "tighten up" assessment options. We view this as a major step backwards, which is utterly unjustified. The legislation completely fails to address some of the most serious problems with Vermont homeschool law. For example, families with sincere religious objections to any provision of this law can request a waiver from the Commissioner of Education, but the Commissioner is under no obligation to grant any waivers at all. This means that many conscientious families in Vermont are simply "underground" because they are unwilling to ask for an exemption which is sure to be rejected. HSLDA also believes that the Department of Education has made this an "approval" statute in practice even though the Vermont Supreme Court has expressly ruled that the statute should not be used to "approve" homeschools. Families that have been successfully homeschooling for two or more years will have little to worry about in this respect, but that means the Department will be able to concentrate all its resources on "approving" new homeschoolers. As long as this underlying problem has not been addressed, these changes to the statute only put off the real problems that must be addressed. Despite these issues, the net effect of this bill is clearly better for the average Vermont family. Every family that has been homeschooling for two or more years in Vermont will appreciate the change in the enrollment notice provision, and only a small number of families will experience significant difficulty with the new assessment provisions. As long as all Vermont homeschoolers are willing to work together to address the deeper problems with this bill in the future, HSLDA has no objection to this bill passing at this time. Sincerely, Scott Somerville HSLDA Staff Attorney ---------------------------------------------------------------------- -> You can only do so much... No one can be everywhere at once. And you can't be at home, teaching your children, while monitoring your state's legislature. Through electronic legislative services, HSLDA is monitoring state legislation for you-watching and listening carefully for any proposed laws that could erode your right to homeschool. Join HSLDA today-we'll watch out for your future. More reasons to join HSLDA... http://www.hslda.org/elink.asp?id=1942 ---------------------------------------------------------------------- ====================================================================== 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. ======================================================================