CRHE, [Coalition for Responsible Home Education], that “wonderful” (sarcasm intended) radical anti-homeschooling entity is proposing “Model Legislation” for each State to adopt, purportedly to crack down on all those freedom loving homeschoolers across the country, claiming that it is just too “unsafe” for children to be educated by their parents.
And they launched their effort with the proposed made-up “Make Homeschool Safe Act” on July 2, oddly enough, on the exact day 248 years ago that the Founders voted to enact the Declaration of Independence. You know, the one that says our rights come from our Creator, not from the government, and they cannot be taken away, especially without the consent of the governed. Coincidence?
Such an interesting juxtaposition, don’t you think? Freedom versus Government Control?
Just exactly how is the government going to make homeschooling “safe again” under this made up “Model Legislation”?
Let me count the ways CHRE has proposed in their “Make Homeschool Safe Act”.
The “Model Legislation” first states its “Findings” and “Purpose”, including:
1. The “true number of homeschooled children is likely to remain unknown without adequate notification and oversight.
Comment: Unknown to whom? Parents certainly know how many of their children are being homeschooled. Does any State Constitution grant authority to any State government entity the right to tell parents how many of their children they are allowed to homeschool or that the number of them being homeschooled must be reported? If not, why should parents report that information to the government? It shouldn’t matter to the government, if the government is not educating the children in the government school system. Ah, but that appears to be the precise goal of this “Model Legislation” - to allow government to control the education being given to homeschooled students. The “Model Legislation” continues.
2. State laws do not provide adequate protection for homeschooled children, leaving them vulnerable to child abuse and educational neglect.
Comment: What is the definition of “adequate protection”? What is the definition of
“vulnerable”? What is the evidence for such claims? Why single out children who are homeschooled, when every State already has laws against child abuse and neglect affecting children, no matter where they are being educated? The mode of education is not the issue. The abuse and neglect are the issue and that issue already has been dealt with by the myriad of laws against it and the myriad of agencies and courts that deal with abusers wherever the abuse occurs
.
3. The “Model Legislation” indicates further that “It is in the interest of the legislature to ensure homeschooled children are safe and receive a sufficient education”.
Comment: Again, what does the State constitution say about government control over the rights of parents or children? What does the State Constitution say about the legislature’s authority to interfere with the right of parents to the upbringing and education of their children?
The “Model Legislation” leaves gaping holes. It recommends that States “consider” “if there are studies of homeschooling” in each State that “can be incorporated” in the law “to show that homeschooling can lead to abuse”. CRHE, again, has no facts or evidence to support its recommendations. Instead, CHRE simply recommends that each State should go out and find some facts or evidence to support CHRE’s already unproven, biased, fact less conclusion that “homeschooling can lead to abuse”.
4. The “Model Legislation” says, “The law is enacted to affirm and protect homeschooled children’s right to a comprehensive education and a safe home environment.”
Comment: CRHE ignores the fact that it is well known, and accepted, that children’s rights do not supersede the rights of their parents to the upbringing and education of their children. This purported law proposed by CHRE, thus, improperly stands this accepted Constitutional doctrine on its head.
CRHE, in this “Model Legislation openly states its primary goal is for each State to adopt “effective oversight” of homeschooling by the government, no matter how homeschooling is defined in that state. In addition,
5. CRHE wants each State “that allows homeschools to operate as individual private schools” to “ensure that this category of private schools” has government oversight “by creating a separate definition of private schools composed of a single family in an individual home”.
Comment: Did you hear that? This radical group wants “Model Legislation adopted” in each and every State to have government oversight even of a “single family in an individual home”. Do take note, and seriously contemplate such overreach, and if you think that you could escape such government oversight by enrolling your children in an umbrella private or church school while parents teach their children at home, think again. CHRE wants the Model Legislation to ensure that these umbrella schools also receive government oversight. Under their Model Legislation, there is no escape from government oversight, seemingly at all times, at all places.
6. CRHE then goes even further in its extreme proposal, stating the Model Legislation should define “homeschool” as qualifying as a “school” under State law, including for the purposes of the subjects required to be taught, as well as “immunization/medical examinations required for school students”.
Comment: Government oversight appears to morph into government control at this point, does it not?
7. CRHE’s “Model Legislation” continues, stating that a “home educator” “shall” “furnish the superintendent [of the local public school district], “at the beginning of each school year”, the “name, age, and and grade level” of each student; the “name, address, and contact information of each parent or legal guardian of the homeschool student”; “immunization or immunization exemption documentation…[and] medical documentation” of each student. If the home educator “fails to follow” those requirements, the “superintendent shall provide written notice of the violation to the home educator” who then has 30 days to comply, and if the home educator does not comply, the “superintendent shall report the omission to the [local child protective services], which shall initiate an investigation into the safety of the child”.
Comment: Comply or be investigated for endangering the safety of your children. Sounds a bit like Nazi Germany, doesn’t it? And don’t forget, the “home educator” also must have certain “qualifications” under this “Model Legislation”.
8. A home educator “shall possess” “a high school diploma”, a “GED”, or pass an “examination that the state recognizes as the equivalent of a high school diploma”, or “an academic transcript demonstrating successful completion of at least a two year post secondary program that is acceptable for full credit toward a bachelor’s degree”.
If a home educator does not have any of those qualifications, they “may act as a home educator
” but only “under the supervision of a qualified educational professional
” who will “assist in instructing the child”, “plan academic objectives for the child”, “oversee the quality of the academic curriculum”, and “review the child’s academic progress”
. If that “professional” “believes” that the student “is not making satisfactory progress”, they “shall submit a request for an assessment of the homeschool”,
and if the home educator “no longer fulfills the requirements”, then “the educator shall enroll the child in a school within 30 days.”
Comment: Enough said? Shall I continue? There’s more.
9. The Model Legislation also requires home educators to “ensure a homeschooled child receives instruction in the same branches of study required to be taught in the public schools”, including minimum number of hours to be taught, and minimum number of “units” of particular subjects to be taught.
Comment: Can we say, “public school at home” anyone?
10. Under the “Model Legislation”, a homeschooled student also “shall be eligible to enroll part-time in any public school” for curricular or extracurricular activities. Of course, for the home schooled student to participate in extracurricular activities, they would have to demonstrate to the government public school system “satisfactory academic progress”.
Comment: In other words, for the benefit received by the student of curricular or extra curricular activities, the public school would gain control over the academics of the student by means of determining whether it is “satisfactory” or not, and there is no guarantee in the “Model Legislation” that the student would be awarded any “academic credits” for time spent homeschooled should the student choose to enroll full time in the public school.
It actually gets better than that, particularly for those students who remain fully homeschooled.
11. The “Model Legislation” states, “the academic progress of the homeschooled student shall be assessed” “on an annual basis” to “ensure that the student is making satisfactory progress”.
Comment: Naturally, the term, “satisfactory progress” is not defined anywhere in the 23 page “Model Legislation”. Why define it when the government authorities can use their subjective discretion?
12. The Model Legislation states that the annual “assessment” of the homeschooled student can be by alternate means, including by “state organized standardized tests”, “norm referenced achievement tests” “approved by the State Department of Education”, or by an educational portfolio. The “assessment” is then reviewed by an “educational professional” who conducts an in-person interview with the student.
Comment: No government intrusion there, of course.
13. The “Model Legislation” continues…If it is determined that the student has not made “satisfactory progress”, the homeschool “is placed on probation” during which the homeschool may or may not continue. The superintendent of the public school then appoints other “professionals” “to meet with the home educator to conduct [a] student support meeting”.
“Remediation plans” may be developed and put in place for one year, during which the “educational professionals” will meet with the home educator periodically to make “adjustments” in the plan. After the year is up, the “professional” will make a report to the public school superintendent. If the child is still not making “satisfactory progress” after an additional year of remediation, “the child must be enrolled in a public or a non-public school”, and “must remain enrolled in a public or non-public school for at least two years” “before the child may be homeschooled again”. If the child does not remain enrolled, “the child shall be considered truant”.
Comment: Again, can anyone say, “public school at home”, or complete government control? This certainly is not parental freedom to home educate in a manner in which the parents believe best suits the needs of the child. This is full blown government control and subjective determination of “progress” according to government public school standards and whims of government public school paid so-called “professionals”.
14. The “Model Legislation” restricts parental rights even further regarding children with disabilities. It requires parents to “develop, either privately or through the school district, an educational services plan”, to set goals and measurements of progress, to identify services needed, and when services are to be provided, and all that is entirely similar to what is required in a government public school IEP, [individualized education plan]. Then the public school Superintendent appoints “qualified personnel to serve as the child’s services plan team”. Then, once a year, the home educator is required to produce “a report on the child’s progress”, which will be “reviewed by the services plan team”. If the services plan team determines that the child has not made “appropriate progress”, the team “shall assist the home educator in revising the educational approach and provision of services” to the child.
This goes on each year.
Comment: Again, government control over the education and services needed by disabled children, leaving little or no recourse for the parent to dispute the appropriateness, efficacy, or success of what is provided, once the “team” makes its decision.
15. And, of course, there are a few other details to be included in this “Model Legislation”. It requires, “Upon initial enrollment of a student in a homeschool”, the home educator is required to provide the superintendent of the public school with a “certified copy” of the student’s birth certificate, or other proof of identity and age; and, annually “the home educator shall submit immunization or immunization exemption documentation” to the public school superintendent; shall “maintain adequate academic records” “for the entire duration that the student is being instructed in a homeschool and for three years thereafter”, and those records are to be provided to the public school superintendent and maintained by the superintendent or the Department of Education “until the student’s 21st birthday”.
Comment: And this is freedom to home educate? Or is it public school government control and coercion?
16. Of course, the “Model Legislation” forbids anyone who committed a crime from homeschooling, and if you did commit any “disqualifying offense” and you still “wish to operate a homeschool”, you must first prove to a court “by clear and convincing evidence that the child is not endangered by being in a homeschool”. It further says that If a parent has been investigated by a child welfare agency for “potential abuse or neglect of a child within the past 3 years”, “regardless of the outcome” of that investigation, “no person can withdraw a child from enrollment in a public or a non-public school to operate a homeschool”, unless that same agency conducts a “risk assessment”and finds that the child “will not be endangered by enrollment in a homeschool”; and unless the “home educator agrees to a continued monthly risk assessment” for not less than a year.
Comment: The government will be watching you, making you jump through hoops, or can even forbid you from withdrawing your child from public school, even if any prior investigation showed you did nothing wrong.
Basically, under this "Model Legislation", parents who homeschool would have to submit to pretty much all of the same things the government public schools require when a child is enrolled in that government public school, and if you do not comply, there are severe consequences.
Overall, this made up “Model Legislation” is being proposed by CRHE, a group composed originally in large part of disgruntled former homeschooled kids, many estranged from their family as adults, who, one could opine that they appear to be exacting some sort of revenge or an outlet for their personal anger or hatred of the past purported wrongdoing by their parents. One might wonder what their parents’ side of the story is. Ostensibly, this apparently self-assigned group of disgruntled radical extremists seek to “help” or “protect” children from their evil parents who were, are, or are presumed to be out to do children harm by ostracizing them from the vaulted and coveted safety and advantages of the government’s oversight and protection in the public school system.
While the goal of protecting children is one that is valued by most sane people, the extreme radicals in this organization appear to have no compunction about doing so in a manner so extreme as to violate an overwhelming number of Constitutional provisions, and wrenching from all parents across the country their unfettered and well established legally protected right to the upbringing and education of their own children. Under this “Model Legislation”, parents across the country effectively would be compelled to provide a government education, virtually identical, in most, if not all, aspects to the government public school system, save one - the instruction would take place at home.
Yet the law is quite clear, the government simply cannot compel government education.
This made-up wish list, purporting to be “Model Legislation”, would do just that - compel a government-controlled education.
Don’t be duped by this group of disgruntled extremists who claim that the government and their public school system keep children safe. Your Constitutional rights are too precious to lose, and so are your children.
Next up in our series: A note to these radicals, and to parents everywhere - “Let’s Make Public School Safe Again, And, By The Way, Make Public School Effective in Actually Teaching Children How to Read, Write, And Do Math, While We Are At It.”
That just might make CRHE’s “Model Legislation” obsolete.
Attorney Deborah G. Stevenson
Web: nheld.us
FB: National Home Education Legal Defense -
www.facebook.com/groups/57298261707
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This is the 23-page “Make Homeschool Safe Act”, July 2024, that Attorney Stevenson’s
article is in response to:
<<responsiblehomeschooling.org/wp-content/uploads/2024/07/Make-Homeschool-Safe-Act-July-2024.pdf?fbclid=IwZXh0bgNhZW0CMTAAAR3v7v3Gj3K3eevV6uA-lf-baBliQLukB6CX7MxqlkBcjogkahI_p0Z4pTE_aem_xT3gx-5nK-6eyNa8nrXkQg>>