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| Date: From: Subject: | 10/21/2009 4:10:58 PM Home School Legal Defense Association New Hampshire: Legislator Proposes "Every Homeschooler Be Tested Every Year" |
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====================================================================== From the HSLDA E-lert Service... ====================================================================== October 21, 2009 New Hampshire: Legislator Proposes "Every Homeschooler Be Tested Every Year" In this e-lert HSLDA reviews what public policy makers are doing that will directly affect your freedom to homeschool. Dear HSLDA Members and Friends, HSLDA wishes to make you aware of several developments that affect homeschoolers in New Hampshire. We are not asking for action at this point. We do ask that you continue to attend meetings when possible, stay informed and be prepared to act in the near future on all of these issues that directly affect the freedom to homeschool without unnecessary government intrusion in New Hampshire. In this e-lert we look in some detail at very concerning proposals on the part of the Department of Education and some legislators on the House Education Committee. These would require annual testing and portfolio review for every homeschooled child in New Hampshire, and could require parents keep their children in public or private school unless their homeschool plan is acknowledged each year. HB 368 STUDY COMMITTEE REPORT Maintaining a more active role this fall, the HB 368 study sub-committees are meeting almost weekly. The next meeting for the Evaluation and Records Subcommittee is scheduled for Wednesday, October 28 at 1:30 p.m. The Senate Education Committee will meet that day also to discuss its overall agenda for the year's legislative session. HSLDA commends New Hampshire homeschoolers who continue to attend these meetings and report on their proceedings. Their reporting and participation is important to insure that homeschoolers are informed and prepared to defend their freedoms. In yesterday's Evaluation and Records Subcommittee meeting, Representative Phil Harvey introduced his recommendation that every child be tested every year by a "credentialed educator" using "standardized testing procedures" and that every portfolio be evaluated. The rationale used by Representative Harvey is that policy makers need "more data" on homeschoolers in the Granite State. Homeschoolers present attempted to correct this red herring argument, used by those who want to impose more regulation on homeschoolers. These homeschoolers pointed out that there IS data on homeschools in New Hampshire. Every year evaluations are provided to participating agencies, and this data shows that there has never been an involuntary termination of a homeschool program. Representative O'Neil discounted this argument, stating that just because there haven't been any terminations doesn't mean there shouldn't have been any terminations. This ad absurdum argument illustrates the philosophical underpinning of those who wish to impose more regulation on homeschoolers. In the minds of these legislators, children belong to the state, and they are responsible for overseeing parents who exercise their fundamental right to direct the education and upbringing of their children. Homeschoolers also addressed the point that imposing standardized testing on every student would destroy the essence of what home education is about -- providing a program of instruction tailored to the individual student. You can see a version of Representative Harvey's outrageous proposal here: http://www.hslda.org/elink.asp?id=7114 . It is ludicrous that the New Hampshire Legislature is expending this much time to "study" homeschooling when there are so many documented problems with public education and other areas of state government, and when data shows that homeschooling is working well. Homeschoolers will need to be prepared in January to influence whatever legislation ends up coming out of the committee. You can listen to the committee hearing by visiting CheNH's website at http://www.hslda.org/elink.asp?id=7115 . A report of the proceedings should be posted on the CheNH website soon. DOE RULE CHANGES We recently informed you about the State Board of Education meeting on October 14 at which the Department of Education proposed changes to the administrative rules governing the operation of home education programs (Ed 315 "Procedures for the Operation of Home Education Programs"). The State Board has officially opened a rule making process relative to these rules. While we are not asking our members to take any specific action, we want you to be aware of what is happening. The formal rules process requires public comment and a public hearing before the State Board approves a final version of the rules. After the State Board of Education approves its version of rules, the State Legislature, through its Joint Legislative Committee on Administrative Rules ("JLCAR"), will review the rules and must eventually approve the rules before they go into effect. There are provisions for the JLCAR to require modifications to the rules. At the earliest the process will take until March of 2010 to be completed. It is possible that the entire process will take until May of 2010. You can learn more about the rule making process by going here: http://www.hslda.org/elink.asp?id=7116 The Department of Education has proposed a version of rules that do NOT follow rules reviewed by the Home Education Advisory Council ("HEAC"). HEAC is a statutory committee that includes homeschoolers, public school officials, the Department of Education and legislators. The purpose of HEAC is to advise the Department of Education. In fact, one of its stated missions is to "[r]ecommend to the commissioner and state board of education desired changes in rules pertaining to home education." HEAC has been reviewing the home education rules to align the rules with the law and to accommodate recent changes in the law. Ignoring HEAC, the Department of Education has submitted a proposed version of rules to the State Board that depart unnecessarily from statutory language and add provisions that are of great concern. In the Department's version of the rules, Section 315.05(d)(14) provides that "[t]he children shall be enrolled or remain enrolled in either a public or private school until a home education program is established. As written, this rule could be interpreted to grant de facto approval of homeschools to local school officials that would require children to remain in public school. By withholding acknowledgement of the home education program, a program might not be considered "established," therefore requiring children to remain in public or private school until "acknowledged" by the school official. Sections 315.07(c) (4) and 315.08(a) (2) of the Department's version of the rules provide that a certified teacher must recite "the facts the teacher relied on to develop the concluding statement" that a child has demonstrated educational progress "in all areas of instruction required by RSA 193-A:4." Such language departs from the law and opens up the possibility for interpretation by participating agencies regarding whether or not the teacher relied on the appropriate facts or a sufficient quantity of facts and whether or not educational progress has been made "in all areas." There are other problems with the proposed rules, and HSLDA is working with state homeschool leaders to both completely analyze the rules and to determine the best response to the Department's proposal. You can view the Department's version at Department of Education's Initial Proposed Changes to Ed 315 http://www.hslda.org/elink.asp?id=7117 . Chris Hamilton, a member of HEAC, has created a side-by-side comparison of the Department's and HEAC's reviewed rules proposals. You can review this document (a work in progress) here: http://www.hslda.org/elink.asp?id=7118 NEW LEGISLATION HSLDA is also aware of two Legislative Service Requests (LSRs) that have been filed to modify the home education law. Representative David Bates has introduced LSR 2010-H-2559-R, "relative to the procedure for initiating a home education program." If passed, this LSR would simplify RSA 193:A to require one-time notification only and substantially reduce remaining regulations. Representative Paul Ingbretson has also introduced an LSR, 2010-H-2632-R "relative to home schooling," that would change the compulsory attendance law (RSA 193:1) to require parents to educate their children unless they enroll them in a public or private school. This LSR would completely eliminate the existing homeschool law (RSA 193:A). While exact language of these LSRs is not available yet, you can visit the CheNH website at www.chenh.org for more information. HSLDA is working closely with Christian Home Educators of New Hampshire (CheNH) and other local leaders and organizations. We will keep you informed and, as appropriate, requesting that you take action on these important issues. Thank you for your membership and support of HSLDA as we stand together to defend homeschool freedom in New Hampshire! Very truly yours, Michael P. Donnelly, Esq. HSLDA Staff Attorney ---------------------------------------------------------------------- -> Is customer service an art or a science? For us, good customer service is both an art and a science -it should appeal to our members and be effective. Consider what our members say about us: The freedom HSLDA allows me to have as I homeschool is wonderful! They handle the law and I get to dedicate the time to my daughter. - National City, CA HSLDA members since 1993, our membership is just as important to us as our children's curriculum. Thank you HSLDA for all you do on our behalf! - West Valley, NY More reasons to join HSLDA... http://www.hslda.org/elink.asp?id=1941 ---------------------------------------------------------------------- ====================================================================== The HSLDA E-lert Service is a service of: Home School Legal Defense Association P.O. 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