February 14, 2017
4 Ways That HR 610 Will Threaten Your Rights
William A. Estrada, Esq.
Director of Federal Relations
It has been said that there is no such thing as a free lunch. As homeschooling families know too well, government money will eventually lead to government control.
That’s why HSLDA is opposing a bill introduced by our friends in Congress, Rep. Steve King (IA) and Rep. Andy Harris (MD). Though well-intentioned, H.R. 610 is ultimately ill-advised. The bill calls for sending all federal education dollars to the states in the forms of federal grants so that the states can then give the money as vouchers to public, private, and homeschool students.
If the bill only applied to public schools and traditional brick-and-mortar private schools, HSLDA would take no official position on it. There is no question that many millions of children are stuck in public schools that fail to meet their needs, and school choice would be an incredible benefit to them.
But HSLDA has repeatedly told our friends on Capitol Hill that our members and many other homeschooling families know that government dollars will eventually result in government regulation. Although we are grateful for our friends on Capitol Hill, and although we know that representatives King and Harris are well-intentioned, they need to hear loud and clear from the homeschool community. Even though the vouchers created by H.R. 610 would be voluntary, we believe that this would be a slippery slope toward more federal involvement and control in homeschooling.
If you do not want federal government “help,” if you just want to be left alone, this is the time to speak up.
Dangers of H.R. 610 (click here to read a PDF version of the bill with page numbers cited below).
- Elimination of language protecting homeschool freedom in U.S. Code: Page 2,
paragraph (a) repeals in its entirety the Elementary and Secondary Education Act
of 1965, which was most recently reauthorized as the Every Student Succeeds Act.
While HSLDA applauds this repeal language, as we believe that the federal
government has no constitutional authority to make education decisions which
should be left to state and local authorities, this full repeal would also
eliminate HSLDA’s language
fully protecting homeschool freedom from all federal control.
- Creation of a “federal right to homeschool:” Page 3, Sec. 104
requires states to make certain assurances in order to receive their portion of
federal education dollars. One of the requirements (paragraph (2)(A) on page 3)
is that states “make it lawful for parents of an eligible child to elect
… to home-school their child.” While this sounds good, HSLDA has
fought — successfully—for decades to make sure that there is no
“federal right to homeschool” because what could be created by a
favorable Congress could be regulated by a future, hostile Congress. It is far
better (and far more constitutionally sound) for education decisions—and
homeschool freedom—to be protected at the state level. We ask our friends
at the federal level to simply leave homeschooling families alone. The
Constitution protects the right of parents to direct the education and upbringing
of their children, as the U.S. Supreme Court has ruled in its seminal cases of
Meyer, Pierce, and Yoder. Federal legislation to
“protect” homeschooling is unnecessary.
- States would need to track homeschooling students: Numerous provisions in
H.R. 610 require states to count the number of eligible students in their state.
Page 4 says “The State shall distribute funds . . . based on the number of
eligible children in the public schools . . . and . . . the number of eligible
children . . . whose parents elect to send their child to a private school or to
home-school their child.” Page 5 requires “on an annual basis”
that school districts count the number of eligible students who attend public
schools, and “whose parents elect—to send their child to a private
school or to home-school their child.” There is only one way that states
and school districts can do this: by requiring homeschooling families to register
with them, and be tracked by the school district. This will be especially
problematic in states that do not require homeschooling families to file a notice
of intent with the local school district. H.R. 610 will require homeschooling
families in all 50 states to register with the local school district. This would
be just the first cost of “free government money.”
- The government would now get to decide how much parents should spend on homeschooling: Paragraph (B) on page 6 requires that the federal education vouchers to parents who choose a homeschool "shall not exceed the cost of home-schooling the child.” Who will now decide how much it costs to homeschool a child? The government. Page 8 further requires that the federal education vouchers “be distributed in a manner so as to ensure that such payments will be used for appropriate educational expenses.” This is not defined, meaning that government officials and public schools will decide what qualifies as an appropriate educational expense. HSLDA has heard over the course of 33 years from numerous parents who have elected to teach their children at home through a government-funded virtual or correspondence school. In their experience, they found their curriculum options shrunk as each choice had to pass a government litmus test.
Action Request: Call Congress Now!At this point, it is only necessary to contact these sponsors of this bill, Representatives King and Harris.
If one of these is your U.S. representative, please call or email him, and politely ask him to take homeschooling families out of the bill, including homeschooling families who are defined by their state’s education law as private school students.
(Note: While Rep. Trent Franks (AZ) is also listed as a cosponsor of H.R. 610, we talked with him and his staff and they agree with our concerns about homeschooling families being included in H.R. 610. As a result, there is no need to contact his office, and we are deeply grateful to him for his commitment to protecting homeschool freedom from “help” by the federal government. Here is the statement Franks gave us: “I understand the concerns of the homeschool community. My support for the bill only extends to vouchers for public school and private school students. If this bill moves forward, I would request that any language that would impose vouchers upon homeschools is taken out.”)
Please remember that these congressmen are friends of homeschooling, and that their bill is well-intentioned, while ultimately dangerous. We encourage you to identify yourself as a homeschooling parent.
Your message can be as simple as the following:
“As a homeschooling parent, I oppose H.R. 610. I do not want to receive federal vouchers. Government money will ultimately lead to government control and regulation, which will stifle the success of homeschooling. I am grateful for your past support of homeschool freedom, and urge that you protect the future of homeschooling by rewriting H.R. 610 to ensure that homeschools, and homeschools defined by state laws as private schools, do not receive federal money.”
You can reach these congressmen by calling the Capitol Switchboard at 202-224-3121. If one of these members of Congress represents you, you can find his direct phone numbers and email addresses here.
If you live outside of these districts, we encourage you to take to social media to politely (but firmly) remind these congressmen that homeschooling families do not want federal vouchers. You can also send each congressman a letter via the U.S. Postal Service.
ConclusionHSLDA opposes H.R. 610 for reasons of prudence and principle.
Once homeschools become publicly funded by the federal government, more scrutiny and more control are likely to follow. After all, homeschooling families will be spending government money, and the Congress has a responsibility to guard the public fisc.
On principle, homeschooling has succeeded as a movement in part by being different. Unlike typical constituencies asking for our piece of the public-money pie, we have simply asked the federal government to leave us alone. This has fostered one of the most dynamic social movements of our lifetime.
The spirit of self-government at the heart of private homeschooling has led to a vibrant social network of small groups and statewide groups who depend on each other—not on the government. The homeschool movement has been a better idea because we built it ourselves.
Routinely taking federal tax dollars will enervate the movement, lead to more squabbles between families and the state, and will result in more scrutiny, oversight, and control.
Thank you for standing with us for liberty as together, we fight to keep homeschooling free.
Article Updated 2/27/17: Representative Pete Olson (TX) was originally a co-sponsor, but has since withdrawn his support from the bill.