Restrictive Homeschool Legislation to be introduced Thursday (NJ)

email | 1/6/03 | Scott Woodruff, HSLDA staff attorney

[agrace]

Please see reply 149 for updated information. AM

From the HSLDA E-lert Service...

January 6, 2004

Dear HSLDA members and friends:

A bill that would force New Jersey homeschool children to submit to the same statewide assessment tests required of public school students, and force their parents to give the local school board proof the student had received an annual medical examination, is set to be introduced in the New Jersey legislature this Thursday.

The bill would also give the State Board of Education power to impose regulations on homeschool families. Homeschooled students would be forced to take the assessment tests in a public school. (For full text of bill, go to http://www.hslda.org/elink.asp?id=1257)

Your help is needed immediately to convince the sponsors of the bill, AB 4033, that it should NOT be introduced.

Action Requested

1. Immediately call all the sponsors of the bill (contact information is below).

2. Explain to them that the bill should NOT be introduced. Your message can be as simple as, "Please withdraw as sponsor of AB 4033 and do all you can to prevent it from being introduced as planned this Thursday. The bill violates federal law and could cause the loss of federal money."

3. Pass this message along to others.

Contact information for sponsors:

1. Assemblywoman Loretta Weinberg (D) (201) 928-0100 , AswWeinberg@njleg.org

2.Assemblyman Gordon M. Johnson (D) (201) 541-1118, AsmJohnson@njleg.org

3. Assemblywoman Joan M. Quigley (D) (201) 217-4614, AswQuigley@njleg.org

Reasons to Oppose AB 4033

1. HR 1, signed by President Bush exactly one year ago, prohibits states from requiring that homeschoolers take the state assessment designed for public school students. New Jersey would lose federal funds if AB 4033 is enacted, since it violates this requirement.

2. State assessment tests are designed to test material taught in the public school curriculum. Homeschool children do not use the public school curriculum. It would be unfair to test them on material not covered in their individual homeschool programs.

3. The statute does not say what score is needed to "pass." The Board of Education however, may have power under the bill to determine the passing score. A passing score imposed by a bureaucracy would not take into account the individual learning characteristics and abilities of each unique child.

4. No state requires an annual medical examination for homeschoolers.

5. This bill is being introduced at the very end of the legislative session, and it is highly unlikely it would pass before the session ends in a few days. Often bills introduced at the end of a session are to "test the waters" for filing the bill in the next session. We need to send a "tidal wave" message that this bill should not be introduced-now or ever.

Thank you for standing with us for freedom in New Jersey!

Sincerely,

Scott Woodruff

HSLDA Staff Attorney

[agrace]

...one of every 14 children in foster care in the state is placed in a home operated by someone with a criminal conviction or documented as having mistreated a child.

Moreover, according to a study released last summer by the School of Social Work at the University of Pennsylvania, one in 10 were abused or neglected by the agency caregiver and one in five didn't receive needed medical care.

Outrageous.

[ladylib]

Parents have the right to direct the education of their children without having to concern themselves with a failing state social services department.

I still want to chew nails and spit rust over this travesty.

[fatima]

Coleus,I did not have time to read the post,I agree for checkups for the health for the kids.

[Tired of Taxes]

Thank you so much for calling to register your opposition to that bill! It is good to know that there are nonhomeschoolers who support us, too.

[ladylib]

Glad to do it. It's a great movement.

[Tired of Taxes]

Just an alert: The homeschool regulation bill isn't dead yet. It has been reintroduced under a new number.

The old number was A4033. The new number is A1918. More information still pending.

[TimHaas]

I am one of the members of the state group leaders fighting what was A4033 and is now A1918. According to the legislative digest, it has not yet been formally reintroduced, but since it does have a bill number already, we can probably expect it to be read into the record during Monday's session.

I will keep this forum updated as information becomes available.

To clarify the health exam question from earlier in the thread: Public-school children are not required to have annual exams. The requirements are: when a student enters school for the first time, when a study team evaluation has been initiated, when a student applies for working papers, and annually if the student is participating in sports.

The relevant state code is here:

6A:16-2.2 Required student medical examinations

http://www.state.nj.us/njded/code/title6a/chap16/index.html

Tim Haas
New Jersey Homeschool Association
www.geocities.com/jerseyhome

[Coleus]

Welcome new, NJ Freeper TimHaas

NJ FR activism, FYI alert ping.  First they will come for the home schoolers, then the private school schoolers, then the Catholic/Parochial schoolers, then the Charter Schoolers and then they will come after me and nobody will be left to defend or speak for me.  After that they will have mandates for other issues which affect parents and parents' rights such as putting your child on Ritalin for so-called hyperactivity (sure, kids never get bored), which they are now doing in some districts in the USA, the "teachers" are diagnosing ADD and working with physicians and social service workers from Family Services and forcing parents to comply with the child's consumption of this drug otherwise they face criminal charges.

The relevant state code for current NJ PUBLIC School Children is here, Notice that ANNUAL physicals are NOT mandatory, physicals are mandatory for: first-time admission, child study team recommendation, working papers or school sports:

6A:16-2.2 Required student medical examinations

6A:16-2.2

Tim Haas
New Jersey Homeschool Association
NJ Home School Association

Old Bill A 4033
A 4033

New Bill A1918
A1918 Requires certain testing and medical examinations of home-schooled children.

Assemblywoman Loretta Weinberg
Bills by Weinberg, Most of the recent NJ left-wing activist Bills were introduced or co-sponsored by her
FR Keyword Search, Weinberg
Search Bills by Number

545 Cedar Lane
Teaneck, NJ 07666
PHONE NUMBER: (201) 928-0100
E-MAIL ADDRESS: AswWeinberg@njleg.org

Find your legislator
Find Your Legislator

To clarify the health exam question from earlier in the thread: NJ Public-school children are NOT required to have annual exams.  Yet, The Democrats and Weinberg WANT mandatory annual physicials for home Schooled Children. The requirements are: when a student enters school for the first time, when a study team evaluation has been initiated, when a student applies for working papers, and annually if the student is participating in sports.

6A:16-2.2 Required student medical examinations

(a) Each district board of education shall adopt policies regarding the content and procedures for the administration of student medical examinations, pursuant to N.J.S.A.18A:40-4.

(b) Each student medical examination shall be conducted at the medical home of the student, and a full report sent to the school. If a student does not have a medical home, the district shall provide this examination at the school physician’s office or other appropriately equipped facility.

(c) Information concerning a student’s HIV/AIDS status shall not be required as part of the physical examination or health history.

(d) Each student shall be examined as required below.

1. Each student shall be examined upon entry into school. Each district board of education shall notify parents of the importance of obtaining subsequent medical examinations of the student at least one time during each developmental stage at early childhood (pre-school through grade three), pre-adolescence (grades four through six), and adolescence (grades seven through 12).

2. A student shall be examined pursuant to a comprehensive child study team evaluation as required by N.J.A.C. 6A:14-3.4.

3. A student shall be examined when applying for working papers pursuant to *[N.J.S.A. 34:2-8(3)] N.J.S.A. 34:2-21.8*.

(e) The examination shall be documented on a form approved by the Commissioner of Education and include the following components:

1. Immunizations pursuant to N.J.A.C. 8:57-4.1 through 4.16;

2. Medical history including allergies, past serious illnesses, injuries and operations, medications and current health problems;

3. Health screenings including height, weight, hearing, blood pressure, and vision; and

4. Physical examination.

(f) An annual scoliosis screening shall be conducted for every student between the ages of 10 and 18 pursuant to N.J.S.A. 18A:40-4.3.

(g) Students shall be examined who are suspected of being under the influence of alcohol and controlled dangerous substances, in accordance with N.J.S.A. 18A:40A-12 and N.J.A.C. 6A:16-4.3.

(h) An examination of each candidate for a school athletic squad or team shall be conducted within 365 days prior to the first practice session with examinations being made available by the school physician for those students who do not have a medical home.

1. The medical examination shall include a health history questionnaire, completed and signed by the parent to determine whether the student:

i. Has been medically advised not to participate in any sport, and the reason for such advice;

ii. Is under a physician’s care and the reasons for such care;

iii. Has experienced loss of consciousness after an injury;

iv. Has experienced a fracture or dislocation;

v. Has undergone any surgery;

vi. Takes any medication on a general basis, the names of such medication and the reasons for such medications;

vii. Has allergies including, but not limited to: hives, asthma or reactions to bee stings;

viii. Has experienced frequent chest pains or palpitations;

ix. Has a recent history of fatigue and undue tiredness;

x. Has a history of fainting with exercise; and

xi. Has a history of a family member who died suddenly.

2. The medical examination shall include a physical examination which includes, at a minimum, the following:

i. Measurement of weight, height, and blood pressure;

ii. Examination of the skin to determine the presence of infection, scars from previous surgery or trauma, jaundice and purpura;

iii. Examination of the eyes to determine visual acuity, use of eyeglasses or contact lenses, and examination of the sclera for the presence of jaundice;

iv. Examination of the ears to determine the presence of acute or chronic infection, perforation of the eardrum and gross hearing loss;

v. Examination of the nose to assess the presence of deformity which may affect endurance;

vi. Assessment of the neck to determine range of motion and the presence of pain associated with such motion;

vii. Examination of chest contour;

viii. Auscultation and percussion of the lungs;

ix. Assessment of the heart with attention to the presence of murmurs, noting rhythm and rate;

x. Assessment of the abdomen with attention to the possible presence of heptamegaly, splenomegaly or abnormal masses;

xi. Assessment of the back to determine range of motion or abnormal curvature of the spine;

xii. Examination of extremities to determine abnormal mobility or immobility, deformity, instability, muscle weakness or atrophy, surgical scars and varicosities;

xiii. Examination of the testes to determine the presence and descent of both testes, abnormal masses or configurations, or hernia;

xiv. Assessment of physiological maturation; and

xv. Neurological examination to assess balance and coordination.

3. The medical report shall include a *[recommendation] determination* concerning the student’s participation from the examining physician, advanced practice nurse, or physician’s assistant.

4. To participate on a school athletic squad or team, each candidate whose medical examination was completed more than 60 days prior to the first practice session shall provide a health history update of medical problems experienced since the last medical examination. This shall be completed and signed by the parent. The health history update shall include the following information:

i. Hospitalization/operations;

ii. Illnesses;

iii. Injuries;

iv. Care administered by a physician of medicine or osteopathy, advanced practice nurse or physician’s assistant; and

v. Medications.

5. Each district shall provide written notification signed by the district school physician to the parent or legal guardian stating approval of the student’s participation in athletics based upon the medical * [examination,] report pursuant to 3 above* or the reasons for the school physician’s disapproval of the student’s participation. The health findings of the medical examination for participation shall be made part of the student’s health record and shall be documented on a form issued by the Commissioner of Education.

6. The health findings of the medical examination shall be maintained as part of the student’s health record.

[nmh]

I'm not convinced that standardized testing being required of homeschoolers is such a terrible thing. Can you explain why others think that it is?

Also, yearly physicals performed by the family doctor don't strike me as being terrible either. Why are people upset over this?

In the private Christian school my daughter goes to, both yearly physicals and standardized tests are the norm. Their curriculm is A Beka and some secular stuff that is not offensive so I'm puzzled why homeschoolers should be so outraged?

I had planned on homeschooling my daughter however, as an only child it would not be to her advanage. Clearly she wants to be around others her age and a year or two older. If I was to impose homsechooling, she'd be a very lonely child. I do take her to soccer, Little Gym, Ballet and a lanuage school but still she wants normal play time like other kids have. Having said that if we'd had more children then I'd most likly home school.

[nmh]

lanuage=language

My understanding is that NJ is totally controlled by Demoncrats - House and Senate.

If someone can explain why standardized testing and physicals performed by your own doctor are so terrible then I'll do what I can. As for the homeschool curriculm being different as the public school curriculm my suggestion would be to also educate your children at home on the FLAWS of it.

[ladylib]

Well, who is going to pick up the tab for annual physicals? If parents have several children, that could be very expensive.

Let the state pick up the costs then, and the state can pick up the cost for testing. It's the least they can do, considering homeschooling parents are paying taxes for the public schools.

However, if the state thinks it's going to use the same tests mandated under NCLB for homeschooling students, they better watch out because they could lose federal funding for public schools.

[agrace]

We're using A Beka here in our house too. :)

To respond to your questions - first of all, federal law states that no state's public schools may require homeschoolers to take their standardized tests. If they do so, they lose federal funding.

Second of all, what's the point of homeschooling if my teaching is defined by the public school's testing? If they get to tell me what my child must learn in order to pass their tests, why bother?

And the same goes for private schools - will they be required to administer the public school's choice of standardized tests, and therefore tailor their curriculum to cover such as well?

With regard to the medical exams, this one seems like a no-brainer to me. What a scary door it would open into medical privacy. And for what reason are we given that they need to know if my child is healthy? I have to demonstrate what, exactly, that I'm NOT abusing my child, that he or she is eating enough and getting his or her vitamins? I think my kids' pediatrician sees them often enough to determine that without my being forced to run a copy of their records down to the local public school for their perusal. This one smacks totally of Big Brother. And again, private schools are not required to mandate annual exams to their students.

[agrace]

Welcome, and thanks for fighting for us. We've been hearing about you guys at home school meetings (I belong to a Christian homeschool group in Somerset County) and through email updates, and we appreciate very much your presence in Trenton two weeks ago. Looks like a return trip might be in order. :)

[agrace]

Thanks to you both for the thread bump and ping.

[SuziQ]

Is Clare Farragher a member of the Legislature from Freehold Township? She was my neighbor when we lived there, and she was conservative. Never asked her about homeschooling cause we weren't doing it at the time.

[nmh]

To respond to your questions - first of all, federal law states that no state's public schools may require homeschoolers to take their standardized tests. If they do so, they lose federal funding.

So if they require it now does federal funding disappear for them? Frankly I'd like to see school vouchers be given to the parent(s) of all school aged children.

Second of all, what's the point of homeschooling if my teaching is defined by the public school's testing? If they get to tell me what my child must learn in order to pass their tests, why bother?

I'm not sure that's accurate to say. Would the testing be on more objective topics such as reading, writing, math or science? I understand now what your concerned with ... .

And the same goes for private schools - will they be required to administer the public school's choice of standardized tests, and therefore tailor their curriculum to cover such as well?

Where my daughter goes they DO use those standardized tests and use A Beka as the core curriculum. For example, I am a creationist but my daughter does need to know how ridiculous people can get and how illogical so godless evolution is also taught. My daughter will encounter these faithful evolutionists in her life. I want her to know about them and be prepared to deal with them. Her Bible study class will emphasize truth not illogical theory.

With regard to the medical exams, this one seems like a no-brainer to me. What a scary door it would open into medical privacy. And for what reason are we given that they need to know if my child is healthy? I have to demonstrate what, exactly, that I'm NOT abusing my child, that he or she is eating enough and getting his or her vitamins? I think my kids' pediatrician sees them often enough to determine that without my being forced to run a copy of their records down to the local public school for their perusal. This one smacks totally of Big Brother. And again, private schools are not required to mandate annual exams to their students. Private schools may not be required by law to test them but how do you determine how they are doing without testing them?

I don't see medical privacy as being opened. Where my daughter goes it is simply a form signed by her doctor indicated what shots if any she received. Frankly I want my daughter around children who DO go to a doctor for regular check up and in good health. There is nothing about vitamins or additional copies of private records included. It's just one 8 1/2 x 11 piece of paper with what I mentioned on it. Neither does the school have access to her personal records.

I do understand how government likes to "take over". And yes, they, educrats HATE homeschooled kids. Just HATE them. They also HATE private Christian school kids - especially if it is Christian. Them want them as dumbed down, if not dumber than public schooled kids. They HATE not having control. Now comes the tough part ... sure if you strongly object then fight it. I can see you are a Christian parent who wants no part of the filth that passes as knowledge in public school or the out of control kids that typically attend there. You're not alone however we can't totally isolate them. Just going to the mall you'll see kids with "strange piercings" etc.. I POINT them out to my daughter and say something like "... what a shame ... she's a pretty girl but the piercings disfigure her or soemthing like that. Or take a public library book ... I picked up one on Columbus ... "looked good" and I didn't have time to skim it ... well this author HATED him. He linked Columbus with slaves, hatred etc.. There was NOTHING redeeming about Columbus according to this author. In general terms I exposed her to it. I stressed how others HATE conservative people and to what lengths they will go to to deceive people.

As for Chritainity, she knows that others will HATE her and that it's really not "popular" to REALLY believe and take the Bible seriously. She needs to know this. Speaking of the Bible, I would guess you know where we are too ... concerning His second coming ... they need to be prepared to deal with that as well. I'm just thankful we can afford a private Christian school.

[nmh]

"Well, who is going to pick up the tab for annual physicals? If parents have several children, that could be very expensive."

A loving parent should not object to having their children get a physical exam with their family doctor. I would hope this is something they already do! If they do not, then I wonder what kind of a parent they are ... . I

If you don't want the state requiring physical, then why would you want the state to pick up the tab for a physical then I'd expect that to belong to the state ? Is it the states obligation to over see finances of parents who have allot of children - to make sure they can afford a physical? I believe if you think about it - it should be the responsibility of the parents to get a physical and over see their finances in bringing them up which would include physicals, dental exams, eye exams etc.. Or do you object to dental exams and eye exams also because it might be expensive for large families?


"Let the state pick up the costs then, and the state can pick up the cost for testing. It's the least they can do, considering homeschooling parents are paying taxes for the public schools."

We don't put money as a priority over her health. I don't want my children around kids that could be unhealthy and not cared for physically. When they are young and growing is the bes time to correct hearing, eye sight etc.. Don't you agree? Any of these things could impede learning at home or at school but if it is unchecked this could cause more problems or even manifest itself as a learning disability when there is really none - such as in poor eye sight or a hearing problem.

Allot of public schools DO allow for home schooled kids to be tested because they don't oppose them. They also realize parents are paying taxes for them to run their school. I haven't heard of any homeschooling child or parent having to pay for the testing. In fact allot of public schools allow home schooled kids to participate in their after school sports.

"However, if the state thinks it's going to use the same tests mandated under NCLB for homeschooling students, they better watch out because they could lose federal funding for public schools."

I'd LOVE to see public schools LOSE federal money. I'd LOVE to see public school put out of business! The sooner the better! They are for the most part a waste of time and tax payer money. I'd rather see parents of children get vouchers and apply them to a charter school, home school, private school or if there is a public school worth its weight.

[SuziQ]

I'm not convinced that standardized testing being required of homeschoolers is such a terrible thing. Can you explain why others think that it is?

The beauty of homeschooling is that each family can teach each of its children in the method which is BEST for THAT child. I have 4 kids and they all learn differently. We've only homeschooled the younger two for the last 3 years, but they have enjoyed it! Next year the youngest will be starting 9th grade at the Catholic boys' high school which our older sons attended. It is a good school, and we know the principal well. Our daughter, however, wants to continue to homeschool. She's in 10th grade, so we have her registered with a high school in Maine for credentialing and diploma purposes.

The standardized tests given by the states usually measure what the kids have learned from the teachers in their schools. The schools have to follow a given curriculum, and there's no way homeschool families are going to be doing that. Since the public school teachers are not teaching our kids, our kids can't possibly be expected to take the same tests that the public school kids take.

The State of Massachusetts is about to OFFER to let private and homeschooled kids take the MCAS in order to qualify for the scholarships which are attached to it. That's fine if it's VOLUNTARY! As long as the state doesn't FORCE homeschooled kids to take it, that's fine. Up til now, private and homeschooled kids were not allowed to take it. It would be interesting to see the performance of 'otherwise educated' kids compared to the public school kids, though.

[TimHaas]

Thanks for your kind words. The group leaders who were in Trenton on the 12th will be getting together again on February 7th to strategize the ongoing response to the bill.

Re a return trip: If this ever comes to a committee hearing, I think you'll see 10 times the number that showed last time ...

Tim Haas

[ladylib]

I don't want the state to mandate that homeschoolers get an exam once a year. I realize that responsible parents have their children examined by a physician regularly. Homeschooling parents don't need to have the state tell them to do it or when to do it.

If the state requires an annual physical exam because of this new law, then the state can pick up the tab. Otherwise, the state can leave parents alone and let the parents decide if they want their children examined yearly. Public school students do not have to have an annual exam to attend public schools. Neither do private school students from what I understand. Homeschooling parents should not be required to have their children examined once a year because a state social agency screwed up big time in regard to a so-called "homeschooling" family.

As far as academic testing is concerned, the state can pick up that tab too if they decide to mandate it as far as I'm concerned. I realize that many homeschooling parents have their children tested regularly, but when it's mandated by law, let the state pay for it. Homeschooling parents should get some kind of break. They pay through the nose for schools they don't use.

The word here in "mandated." If the state "mandates," then the state pays.