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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...
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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

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publication is provided free to each HSLDA member.

More reasons to join HSLDA...
http://www.hslda.org/elink.asp?id=1933

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