Home schooling - Congress Support
by Mimi Rothschild
Despite the fact that The National Parent Teacher Association opposes home schooling, as do the National Education Association and the National Association of Elementary School Principals, state legislators have made sure to provide for parental rights concerning their choice to home-educate their children. Congress has come a long way in its support of home schooling and with President George W. Bush in the White House; changes to protect and assist home schooled students have been coming thick and fast. But even before President Bush came along, there was federal support of home schooling.
In 1972, for example, the Supreme Court ruled against compulsory school requirements. The case was Wisconsin v. Yoder and though this was not a ruling on home schooling per se, it protects the rights of parents to educate their children at home. Additionally, the US Supreme Court has also repeatedly upheld rulings that allow parents to direct their children’s education (subject to reasonable state standards).
Though most regulations and requirements for home schooled students and their parents are decided by the state government, there are a few federal laws that Congress has enacted to protect home schooler’s rights. They regularly update policy makers in state legislatures on new researched information on home schooling. Congress also supports continued research into various issues which affect teaching and learning and therefore affect the home schooled.
Financial support programs for home schooled students by Congress are generally limited to children with special needs. This includes slower learning children, those with ESL difficulties, and those with disabilities, both physical and learning. Congress usually arms local governments with the option of providing services for children with any of these problems through one of these programs. But Congress has a great deal of legislation on the table that supports home schooling. Here are just a few of them:
* S. 1562 - Home School Non-Discrimination Act of 2003 (HONDA) – This bill would amend certain specified statutes in Federal law that directly affect students who are privately educated in their home under state law.
* H.R. 1350 - Improving Education Results for Children with Disabilities Act of 2003 (IDEA) - This bill would clarify IDEA law in regard to home schools. Under this new language public schools would no longer be required to evaluate a home schooled student if the parents disagreed with requirements. Changes in the law would address problems which the home schooled have experienced in the past. President Bush signed this into law on December 3, 2004. It became Public Law No: 108-446.
* H.R. 516 — General Education Provisions Act (aka: the Family Educational Rights and Privacy Act: FERPA) – This bill would provide for the protection of privacy for the records of home schooled students just as the records of public school students are protected.
Another change regarding home schooled student’s rights as afforded by Congress concerns home school graduates. Until recently, it was necessary for home schooled students to pass the GED before applying to college. Also, home school graduates may apply for Federal financial aid and be considered without prejudice, just like public school students.
Every state allows home schooling, but each state regulates standards and requirements differently. Some of them are based on Federal mandates. It’s imperative that parents take a close look at local laws and statutes as well as consulting with other local home schoolers through the Internet or local support groups. If your state is enforcing an unfair law that has been overturned by Congress, make them aware of the fact.
In the meantime, keep up with new developments in home schooling law by checking the Home School Legal Defense Association’s (HSLDA) legal page at www.hslda.org.
 E-Mail to a Friend
|