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| Date: From: Subject: | 1/13/2009 1:39:23 PM Home School Legal Defense Association Idaho--Bill to be Introduced to Maintain Homeschool Freedoms |
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====================================================================== From the HSLDA E-lert Service... ====================================================================== January 13, 2009 Idaho--Bill to be Introduced to Maintain Homeschool Freedoms Dear HSLDA Members and Friends: When Idaho's legislative session begins this year, a bill will be introduced to modify Section 33-202 of the Idaho Code to better protect homeschools in Idaho. The bill will add the statement that "children privately instructed at home by their parent or guardian" are in compliance with Idaho's compulsory education law. In addition, the bill will add virtual charter schools to the list of options for parents to teach their children. This bill is being introduced primarily to avoid a crisis like the one that California experienced this past year. In March 2008, the California Court of Appeals ruled that all homeschooled students had to be instructed by certified licensed teachers. However, when HSLDA entered into the case and helped the family to file for a rehearing, the Court granted a rehearing and ended up reversing its original decision. This occurred after six excruciating months of concern and fear that homeschooling was essentially outlawed in California. God was gracious to deliver us all from that legal catastrophe. The three-judge panel of the California Court of Appeals reversed its original ruling and decided to affirm that homeschools are private schools in California because the word "homeschool" is mentioned in the California code. The Idaho Code does not mention the word "homeschool," and thus it is possible that Idaho courts could make a decision similar to the California court's first ruling. To ensure that we are not blindsided by another such ruling, Barry Peters of Idaho Christian Home Educators (ICHE) and Christian Homeschoolers of Idaho State (CHOIS), together with HSLDA, have decided to move forward with this bill. God opened the door for this to happen by having the Governor's Task Force on Children at Risk add language to a bill they are planning to have introduced. A few months ago, the task force asked Barry Peters to review its bill, which was drafted to clarify Idaho's Child Protection Act as it relates to educational neglect. After ICHE and HSLDA reviewed the changes, we concurred that the task force simply wishes to modify Idaho's existing statutes to clarify that educational neglect that will be determined by Idaho's existing requirement that all children be educated. Essentially, that is what the current law means, but the new language will clarify it. The task force then invited ICHE and CHOIS to offer its changes. That is how this homeschool bill, which will protect the freedom of homeschoolers in Idaho, was born. There is no need for action at this time. We are excited about the likelihood of this bill's passage and will keep you informed about the need for any future calls or letters to the legislature as the bill moves through it starting with the Idaho Senate. Yours for freedom, Chris Klicka HSLDA Senior Counsel ---------------------------------------------------------------------- -> Remember the last time you wrote a term paper? Research can be grueling-digging through archives, wading through articles, conducting interviews. But if it's related to homeschooling, you can relax a little. There's a good chance that you'll find what you're looking for in HSLDA's bimonthly Home School Court Report. Providing in-depth, insightful articles on much of what affects the world of homeschoolers, the Court Report is a must-read for the serious homeschooler. This publication is provided free to each HSLDA member. 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