HOME SCHOOL UNDER ATTACK

UNDER ATTACK


ALERT: A bill that would amend the NCLB dated February, 2005, has been developed by the National School Boards Association (NSBA) to be submitted to members of our current 109th Congress.
The part that requires our attention is their proposed amendment of Section 109, Participation of Children Enrolled in Private Schools, Section 1120 and all of subsection (f), which states: "Notwithstanding Section 9506(a), . . . children enrolled in private elementary and secondary schools . . . shall participate in the assessments described under subsection 1111(i) and the function of the local educational agency under subsection 1120(b)." Subsection (3) states: "Based on the assessments described under paragraph (1), a State educational agency may determine that such services received by children under this section be ceased in schools when such results . . . are significantly lower and such schools do not meet the definition of adequate yearly progress established by the State in which the private school is located . . ." (emphasis added)
http://www.nsba.org/site/docs/35300/35206.pdf

The NO CHILD LEFT BEHIND ACT reauthorized the Elementary and Secondary Education Act (ESEA) and was signed into law by President George W. Bush on January 8, 2002, and is now PUBLIC LAW 107-110.
NCLB Section 9506 on Private, Religious, and Home Schools presently exempts home schools from the requirements of the Act as follows, but see the ALERT at the end of this message.

TITLE IX. GENERAL PROVISIONS
PART E. UNIFORM PROVISIONS
SUBPART 1. PRIVATE SCHOOLS
SEC. 9506. PRIVATE, RELIGIOUS, AND HOME SCHOOLS.

(a) APPLICABILITY TO NONRECIPIENT PRIVATE SCHOOLS- Nothing in this Act shall be construed to affect any private school that does not receive funds or services under this Act, nor shall any student who attends a private school that does not receive funds or services under this Act be required to participate in any assessment referenced in this Act.
(b) APPLICABILITY TO HOME SCHOOLS- Nothing in this Act shall be construed to affect a home school, whether or not a home school is treated as a home school or a private school under State law, nor shall any student schooled at home be required to participate in any assessment referenced in this Act.
(c) RULE OF CONSTRUCTION ON PROHIBITION OF FEDERAL CONTROL OVER NONPUBLIC SCHOOLS- Nothing in this Act shall be construed to permit, allow, encourage, or authorize any Federal control over any aspect of any private, religious, or home school, whether or not a home school is treated as a private school or home school under State law. This section shall not be construed to bar private, religious, or home schools from participation in programs or services under this Act.
(d) RULE OF CONSTRUCTION ON STATE AND LOCAL EDUCATIONAL AGENCY MANDATES- Nothing in this Act shall be construed to require any State educational agency or local educational agency that receives funds under this Act to mandate, direct, or control the curriculum of a private or home school, regardless or whether or not a home school is treated as a private school under state law, nor shall any funds under this Act be used for this purpose.
http://www.ed.gov/policy/elsec/leg/esea02/pg111.jhtml

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[1] The U.S. Department of Education explains that NCLB states: "Homeschooled children may be taught by one or both parents, by tutors who come into the home, or through virtual school programs conducted over the Internet. Some parents prepare their own materials and design their own programs of study, while others use materials produced by companies specializing in homeschool resources. Accountability for homeschooling is coordinated with the state in which the family resides." (emphasis added)
http://www.ed.gov/parents/schools/choice/definitions.html

[2] The National Association of Elementary School Principals, on page 75 of their K-12 Principals Guide to the NCLB, states that the NCLB specifically prohibits federal control of home schools and stipulates that home schools are not subject to NCLB nor to assessments associated with NCLB.
http://www.naesp.org/client_files/NCLB.pdf

[3] In a review of the General Provisions of Title IX of the NCLB, the Wisconsin Department of Instruction statement is an example of other States that confirm the NCLB "prohibits federal control of home schools and ensures that home schools are not subject to ESEA or ESEA assessments.
http://www.dpi.state.wi.us/dpi/esea/tixsummary.html

[4] The Home School Legal Defense Association states: "A law enacted by Congress specifically exempts homeschool students from mandatory state assessments. . . . In light of the intent of Congress and the language above, states' legislatures or state departments cannot take measures to impose mandatory state assessment testing on homeschoolers. Any attempt to require a homeschooler to be tested by an assessment designated in P.L. 107-110 will violate federal law and jeopardize their state's federal funding."
http://www.hslda.org/docs/nche/000010/200301080.asp