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3/5/2009 9:44:18 AM Home School Legal Defense Association Idaho--Update on Homeschool Freedom Bill

====================================================================== From the HSLDA E-lert Service... ====================================================================== March 5, 2009 Idaho--Update on Homeschool Freedom Bill Dear HSLDA Members and Friends: As we informed you earlier, a bill has been sponsored by the Senate Education Committee which will fix a potential problem in the Idaho Code section 33-202 and thereby better protect homeschools in Idaho. The bill will add the statement that a child who is "privately instructed by, or at the direction of, his parent or guardian" is 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 amendment will recognize both private home education and also allow instruction by relatives, friends, co-ops, tutors, or other combinations. In addition, the amendment removes the requirement that children be taught during "a period in each year equal to that in which the public schools are in session" as applying to home education. This last change will enable families to have complete flexibility to adjust their teaching times to fit the best interests of their homeschooled children and family schedule. This bill, with amendments, has quietly passed the Senate, and has now gone to the House floor. There are no need for calls at this time. We will inform you in the future if they are necessary. BACKGROUND: 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 re-hearing, the Court granted a re-hearing 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" or private instruction by parents 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 Coalition of 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. Yours for freedom, Chris Klicka HSLDA Senior Counsel ---------------------------------------------------------------------- -> How many news articles did you read this morning over your oatmeal? We live in a world where concise information presented at the right time can make a big difference in the outcome of important legislative efforts. Yet it's tough to keep up with all the issues that affect you. HSLDA does this for you in the areas that affect your homeschool. Our emails and website enable you to take quick, decisive action. Please consider becoming a part of this team. More reasons to join HSLDA... http://www.hslda.org/elink.asp?id=1923 ---------------------------------------------------------------------- ====================================================================== The HSLDA E-lert Service is a service of: Home School Legal Defense Association P.O. 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