Posted on 01/05/2008 10:19:44 PM PST by Extremely Extreme Extremist
The enactment of House Bill 1724 on April 5, 1999, gives Arkansas the unique distinction of becoming the first state in the nation to add restrictions to its existing home school law. Sponsored by Representative Jim Magnus (R-55), a home schooling father from Little Rock, the new law, among other things, establishes notification deadlines and imposes a 14-day waiting period before parents are allowed to withdraw their children from public school to begin home schooling mid-semester.
Why Was H.B. 1724 Introduced?
The public school lobby had been working overtime to convince the Arkansas legislature that the home school law was too permissive. Their efforts paid off and home schoolers were informed by unfriendly legislators that the home school law was going to be changed. In an effort to forestall unbearably hostile and restrictive legislation, the home school leaders decided to introduce their own bill.
Home School Legal Defense Association opposes any effort to increase state regulation of home education and did not support H.B. 1724.
However, not satisfied with the restrictions imposed by H.B. 1724, some legislators introduced two other freedom-grabbing plans—H.B. 2037 and Senate Bill 631.
Introduced by Representatives Jerry Allison (D-86), Jimmy Jeffress (D-83), and Mike Hathorn (D-24), H.B. 2037 would have required parents to provide notice to the superintendent at least 14 days prior to the beginning of the semester for which they intended to begin home schooling. After the start of a semester, parents could begin home schooling only if their child was failing, he had a serious medical condition, or they had documented safety concerns. The superintendent or school board could waive the notice requirements.
In addition, no public school student under disciplinary action could begin home schooling unless the superintendent or school board permitted it, the semester ended, or the student was expelled.
Home school parents would have had to provide an annual report to the public school superintendent by June 30 evidencing compliance with a laundry list of new requirements: parent possession of a high school diploma or GED certificate; 180-day minimum instructional year; instruction provided in required subjects; educational records of subjects and activities; and a portfolio of the student’s work.
S. B. 631, introduced by Senator Jodie Mahony (D-2) of El Dorado, required parents to provide two notices of intent to home school each year to the local superintendent—the first by August 15 for the upcoming fall semester and the second by December 15 for the upcoming spring semester. Exceptions would only be allowed for academic failure, serious medical conditions, documented safety concerns, or a decision to home school within the first 14 calendar days of a semester. The superintendent or the school board could waive the 14-day notification requirement.
Clearly oppressive and unreasonable, H.B. 2037 and S.B. 631 were stopped at the committee level because of the outspoken opposition of those attending the legislative hearings.
What Did the Previous Law Require?
Originally enacted in 1985 under then-Governor Bill Clinton, Arkansas’ home school law recognized the right of parents to teach their children at home, but imposed considerable restrictions, especially for special education. In 1997, due largely to the efforts of Governor Mike Huckabee, Arkansas revised the law creating a much more favorable environment for home educators. The 1997 law required parents to provide written notice to the local superintendent of their intent to provide a home school at the beginning of each school year or at the time during the school year that the parent withdrew the child from public school. Now, just two years later, home school freedom in Arkansas has taken a step backwards and parents find themselves burdened by some of the same restrictions as before.
What Are the Requirements Under the New Law?
Now known as Act 1117, the H.B. 1724 law becomes effective 90 days after it was signed by Governor Huckabee on April 5, 1999. Therefore, it will begin to apply to home schooling families at the beginning of the 1999–2000 school year. The new restrictions placed on home schooling families under Act 1117 are as follows:
(1) Notice of intent must be given no later than August 15 by parents beginning home schooling in the fall semester or by December 15 for those beginning in the spring semester.
(2) Parents deciding to begin home schooling after the start of a semester are permitted to do so by providing the notice of intent 14 days prior to withdrawing the child from public school and each year thereafter at the beginning of the school year. The superintendent or the local school board may waive the 14-day waiting period.
(3) A public school student who is currently under disciplinary action for violation of any school policy is not eligible to begin home schooling unless (a) the superintendent or local school board chooses to allow the student to enroll in a home school, (b) the disciplinary action against the student has been completed or the school semester ends, whichever occurs first, or (c) the student has been expelled from public school.
Arkansas is now one of only 12 states to impose a deadline for beginning home schooling or requiring parents to provide advance notice to public school officials of their decision to do so. Because of this restriction, parents who encounter intolerable conditions at the public school, such as imminent danger to the safety or welfare of their child, will have to wait at least 14 days before withdrawing the child to begin home schooling or else face truancy charges for unexcused absences during the 14-day waiting period. No such restriction exists for parents who decide to immediately remove their children to attend a private or parochial school in Arkansas. This raises serious issues regarding the right of parents to direct the education of their children and equal protection of the law as guaranteed by the Fourteenth Amendment to the United States Constitution.
In addition, Arkansas is now the only state in the nation with a law prohibiting a student from beginning home schooling if the student is in the midst of disciplinary proceedings at the public school. Legislators enacted this change despite the fact that legal tools for dealing with disciplinary problems were already available to public school officials in the form of the Arkansas School Discipline Act, the Dismissal Act, and truancy provisions for students with unexcused absences. No public school student could escape disciplinary action by beginning to home school under prior law, yet legislators were willing to grant additional control to public school officials over the time when parents are permitted to begin home instruction. No such restriction exists for parents who decide to transfer their children to a private or parochial school, again raising serious constitutional questions.
Another discriminatory provision in H.B. 1724 states that any home schooling student who refuses to participate in the state testing program shall be subject to prosecution for truancy. Public school students refusing to participate in state testing would not be subject to truancy prosecution.
Prior law required parents moving into the state mid-school year to provide a written notice of intent to the local superintendent within 30 days. The new law requires parents to provide a written notice upon moving into a different school district during the school year, even though notice was given in their former district.
The new law also makes a minor change in the previous requirement that a parent sign a waiver releasing the State of Arkansas from any future liability for education of a child in a home school. It now provides that the waiver signed by the parent must acknowledge that the State of Arkansas “is not liable for the education of their child during the time that parent chooses to home school.” State officials apparently believe that the state is liable for the education of children during the time they are enrolled in public school. Presumably, any child not receiving an adequate education as a public school student could seek redress from the state.
Compulsory Attendance Age Change Enacted
Signed into law by Governor Huckabee on March 15, 1999, H.B. 1197 makes any child who is five years of age on or before September 15 subject to the compulsory attendance law. However, parents may opt their children out of kindergarten if (1) the child will not be six years old by September 15 and (2) the parent files a signed kindergarten waiver form with the local school district. Prior law applied compulsory attendance requirements to children who were five years old by September 1.
HSLDA has endorsed Huckabee. Why, I don’t know.
This type of article is the kind that Dave specifically deals with, that is topics directly affecting homeschoolers, or of interest to only them.
I’m going to guess there’s going to be a huge outcry. They tried restricting homeschooling through HR6 in Congress some years ago and homeschoolers and their supporters shut down the switchboard with their calls. Representatives said that they had never seen such a response to any one bill as that.
You may want to see this website. It is written by the former Director of HSLDA-PAC. He knew nothing of the endorsement until after it was made.
http://www.madisonproject.com/nedblog/?p=185
“He’s one of them and that’s all that matters.”
So was Carter.
I have pointed that out.
Maybe he lied to them...he’s done this before, he lied about his support for the troop surge last night and has in the past lied about who was on his advisory staff
Not bitter in the least.
Guess I should have been clearer, I have pointed out that Carter was also one of them to the Baptist Homeschoolers I know, to no avail.
The NEA endorsement of Huck hasn;t done anything to sway them either.
You're on, my FRiend :)
You win: I'll send ya some Racine Kringle (you have to let me know what flavor) and a Usinger's Summer Sausage gift box.
I win: I'd love some of that Pacific Northwest salmon and a couple Seattle microbrews; lager not ale.
Sound like a good wager?
It’s a deal. We have some good local lagers
http://www.fishbrewing.com/friesian.html
and there is no lack of salmon.
Go Seahawks!!
Total emotional zombies.
Go Packers! : )
I believe I heard, maybe on Rush, that the HSLDA did not endorse him. Just a guy at the top.
Odd
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.