Tuesday, August 26, 2008
Congress Attempting to Amend IRS Code in Favor of Homeschoolers
Hat tip to The Informed Parent.
There are currently two bills in the U.S. Congress which could potentially affect homeschoolers. The first, S. 3076, would provide an optional tax deduction for homeschool families. HSLDA and Home Education Magazine have both written about this bill.
The other bill, HR 6737, was introduced on July 31, 2008. It has yet to be commented upon by leaders in the homeschool community. To read the text of this bill, go to the Library of Congress search engine THOMAS and enter bill number HR 6737. This bill also involves amending the federal tax code in favor of homeschoolers.
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Monday, August 11, 2008
Victory in California
On Friday, the California Court of Appeal unanimously overturned their earlier decision that effectively banned homeschooling in California. They acknowledged that homeschooling is a valid type of private school education and is legal under current law.
Thank God for this victory, and thanks to all for your prayers.
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Wednesday, March 26, 2008
Hawaii State Testing
Many of you have recently received a letter from your local public school regarding required testing. You are required to test your child who is in 3rd, 5th, 8th, or 10th grade; however, you are not required to bring them to the school for testing. You may arrange, at your own expense, for privately administered testing with an equivalent norm-referenced test.
Many support groups in Hawaii provide Stanford or IOWA testing for their members. If you are not a member of a group that provides testing, there are other alternatives to the school administered test. The California Achievement Test and the PASS test can be administered by a parent in their home. Stanford or IOWA testing can be adminstered by a parent with a degree, providing that they become certified as a tester and that 2 or more non-relatives be tested along with their own children.
Please note that the school administered test contains both a norm-referenced portion and a standards-based portion. Unless you have been teaching strictly by the Hawaii State standards, your child will not be prepared for the standards-based portion. It is up to the school to determine if your child would be allowed to only take the norm-referenced portion.
If your child has been moved up or down by you (the parent), please note that the school will only test the level based on their chronological age; they will not accept a grade assigned by anyone other than a public or private charter school.
For definition: a norm-referenced test is designed to compare your student’s scores with other students’ scores, exposing academic strengths and weaknesses. These tests evaluate how well the student responds to questions related to concepts commonly taught at the test grade level. By contrast, a standards-based test targets specific content that was taught in specific subjects, using specific benchmarks established by the Hawaii Department of Education.
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Tuesday, March 11, 2008
The Situation in California
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The Old Schoolhouse Magazine
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March 10, 2008
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"The fundamental theory of liberty upon which all governments in this Union repose excludes any general power of the state to standardize its children by forcing them to accept instruction from public teachers only. The child is not the mere creature of the state; those who nurture him and direct his destiny have the right, coupled with the high duty, to recognize and prepare him for additional obligations." (Pierce vs. Society of Sisters, 1922)
What In the World Is Going On In California?
By Karen Braun
By now, most homeschoolers across the country have heard about the California appellate court ruling handed down on February 28 ordering the children of Phillip and Mary Long to attend public school or a legally qualified private school. The judge's ruling surprised everyone and sparked a firestorm of concern among homeschoolers nationwide, many wondering if homeschooling had become illegal in California.
The Old Schoolhouse Magazine staff has been following the developments since World Net Daily first broke the story a week ago. In this Homeschool Minute, we would like to provide a brief summary of the events and offer links to various perspectives to help homeschoolers understand this ruling, how it impacts homeschoolers in California, and what homeschoolers across the nation can do to help.
To gain a better understanding of this case, it is necessary to note that prior to this ruling, the Long family had been involved with the juvenile court system regarding the care of their children. Such proceedings are confidential, and in most cases, a court-appointed attorney is provided to represent the interests of the minor children. The attorney representing two of the children was not satisfied with a ruling made by Superior Court Judge Stephen Marpet, who found the children's education to be "meager" but determined that Phillip and Mary Long have a constitutional right to school their children in their own home. The attorney for the children brought an appeal before the Second Court of Appeals of California.
The California Second Appellate Court in Los Angeles found that the Longs had not demonstrated that any of the exemptions to California's compulsory attendance applied to their children. The court reversed the finding of the Superior Court and ordered the children to attend public or a "legally qualified" private school. The court remanded the case back to the lower court for a hearing to determine if the family was in compliance with the law. The family plans on appealing this ruling decision to the California Supreme Court.
Read the complete court opinion here.
The ruling spurred reactions from attorneys representing various homeschool groups and interested parties across the country. The Homeschool Minute provides these links for informational purposes related to this case and does not necessarily endorse these sites.
Sunland Christian School. The Long children were enrolled in this school.
Pacific Justice Institute (PJI). These attorneys are representing Sunland Christian School and advising the family.
Home School Legal Defense Association (HSLDA). HSLDA presents several appeal options to reverse this ruling or diminish its impact upon California homeschoolers. There is a petition available for those interested in supporting the HSLDA's move to depublish the ruling.
National Home Education Legal Defense (NHELD). Attorney Deborah Stevenson offers a detailed and informative analysis of this case.
Several homeschool groups in California issued statements concerning this ruling:
Homeschool Association of California
California Homeschool Network
Christian Home Educators of California
Private and Home Educators of California
California Governor Arnold Schwarzenegger issued a statement in support of homeschooling:
"Every California child deserves a quality education and parents should have the right to decide what's best for their children. Parents should not be penalized for acting in the best interests of their children's education. This outrageous ruling must be overturned by the courts and if the courts don't protect parents' rights then, as elected officials, we will."
By the end of a long news week, the court decision reached the broader Christian community through a radio broadcast by Focus on the Family. Dr. Dobson discussed the California court case with several prominent guests.
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From All of Us at TOS
We hope this information has helped you gain a greater understanding of the facts surrounding this case and its impact on homeschooling in California.
The Homeschool Minute encourages you to pray for the family and those involved in this situation. Several of the websites present ideas about what you can do to help. We encourage you to prayerfully consider those ideas, to do all that you can to help retain the freedom to homeschool in our country, and to pass this message along to others. We will be following this case and will provide further updates as information becomes available.
Join us again on Wednesday with our normally scheduled topic. And now as much as ever, be sure to enjoy every minute!
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Friday, February 29, 2008
SB2476 in the News
Wednesday, February 6, 2008
Senate Bill 2476
I wrote about this bill, currently before the Hawaii State Senate, here:
http://www.homeschoolblogger.com/pro3128/469421/
Here is an excerpt from HSLDA's analysis of this bill:
Background:
Eighteen states currently require public schools to allow homeschoolers access to classes or sports. These include Arizona, Colorado, Florida, Idaho, Iowa, Maine, Michigan, Minnesota, New Hampshire, New Mexico, Nebraska, North Dakota, Oregon, Pennsylvania, Utah, Vermont, Washington, and Wyoming. In both Arizona and Oregon, the law only requires school districts to allow access to “interscholastic” activities. Yet the effect of the laws in these two states generally allows homeschoolers to participate in any activities they choose.
Despite these laws, equal access to homeschoolers is not offered without some strings attached. Although specific requirements vary from state to state, homeschool students can typically participate in public school programs only if certain requirements are met. First, the student must be in compliance with the state homeschool law. Second, the student must meet the same eligibility requirements as a public school student. Finally, the state requires the student to verify that he or she is passing his or her core subjects.
Consequently, the homeschooler may be required to provide achievement test scores or periodic academic reports, even if the state’s homeschool statute does not otherwise require them.
The issue of equal access is being debated even among the homeschooling community. Many homeschoolers oppose equal access, because they are against any government involvement in education. Others assert it is unfair to keep homeschoolers out of public school programs when their taxes help pay for these programs. Below is a summary of the most common arguments, both pro and con, from homeschoolers.
Pro:
Homeschool families are members of the community and pay the same taxes as families who send their children to public schools. These taxes fund public schools, too, whether homeschoolers elect to use them or not. It is unacceptable to exclude homeschool students from other public institutions such as libraries, hospitals or parks. Likewise, it should be unacceptable to keep them out of public school programs.
Allowing homeschoolers access to public school activities will increase the numbers of children home educated. There are many parents across the country who do not homeschool their children because they or their children want access to a specific program available only at public schools.
A student is a student whether he attends a public school, private school, or homeschool. Specific economic and career advantages are available to public school students. A homeschool student should not be denied the opportunity to take part in these advantages if he or she meets the qualifications.
Homeschoolers participating in classes will not cause the increase in taxes that some claim. In states that have access laws it is estimated that only 3 to 5 percent of homeschoolers actually take advantage of public school services.
Parents should be allowed to choose selected public school activities if that is what they think is best for their own children.
Con:
We should not trade our freedom for services. Government services never come without strings attached. Because we’ve been fighting so long to get away from the government, it is illogical to go back to government handouts.
If states begin mandating that school districts open their doors to homeschoolers who want access, school officials and legislators will want to define and regulate all homeschoolers. Paying taxes which support government programs does not automatically give someone the right to participate in that program. Adults who have no children, but own property, pay the same taxes as property owners who do have children.
Individuals who receive the services will become more and more dependent on the government and more likely to accept new regulation limiting their freedom.
What ultimately happens when any individual goes to the government for services that the private sector can better perform is that the government sector chokes out private enterprise and individual initiative. Private alternatives for homeschoolers will be less likely to arise if the government allows access.
For the HSLDA Issue Analysis on the participation of Homeschooled students in public school activates visit our issues library.
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Wednesday, January 23, 2008
Concerned Hawaii Family Declines Evaluation
http://www.hslda.org/hs/state/hi/200801140.asp
After taking their young son to their family doctor, a Home School Legal Defense Association member family on Oahu was referred to their local public school. The doctor was apparently concerned that Mr. and Mrs. Kern’s (name changed to protect family’s privacy) son was progressing too slowly in his reading.
When Mr. and Mrs. Kern were contacted by the public school, they felt pressured into agreeing to permit an evaluation of their son by school officials. However, after thinking it over, Mr. and Mrs. Kern decided that they would continue teaching their son to read at home.
Among other things, the Kerns felt that many of the unrelated evaluations the school officials wanted to do were unnecessary, since the only issue with their son was a little reading difficulties. School officials also wanted to come into the Kerns’ home and observe their homeschool program.
HSLDA Staff Attorney Thomas Schmidt wrote a letter to the school officials on behalf of the Kerns. Schmidt informed the school that the family declined the offered evaluations but would continue to meet their son's needs privately.
If you have a child who is a struggling learning, please take a look at the resources available on HSLDA’s struggling learners webpages.
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Wednesday, December 5, 2007
Parental Rights in Hawaii
More information on this issue can be found by contacting the email address listed below. Flyers are available for anyone willing to distribute them at churches and family groups. You can also find out more about this organization by visiting their website: www.parentalrights.org.
Parental Rights: The Fight of Our Lifetime
Suppose, one day, parents will not be allowed to tell their children…
Who they can and can't associate with?
Where they can and can't go on the internet?
How to think and behave?
Suppose, one day, parents will not be allowed to raise their children with their values but instead will be hindered by the State?
That day is coming.
My name is Peter Kamakawiwoole, Sr. and I am a concerned husband, father of five, Pastor of Kalihi Union Church and Vice President of Christian Homeschoolers of Hawaii. I am committed to raising and nurturing a healthy family and encouraging others to do the same. That is why I am inviting you to join me for an important informational session about the threat to parental rights in America today.
THE ISSUE
Our role, as parents, is critical to the health and development of our children. Researchers and scientists have found that children who have parental support are likely to have better health as adults, tend to earn higher grades, have better social skills, and are more likely to graduate and go on to post-secondary education. Teens with involved parents are one-quarter as likely as teens with "hands-off" parents to smoke, drink, and use drugs.
For years, the Supreme Court has recognized that parents have a fundamental right to raise their children as they see fit, but that support is being steadily undermined by changing .
THE TWO THREATS
First, many U.S. judges are denying parents their rights to raise their children, either because these rights are not explicitly protected in the U.S. Constitution or because the judges believe that parental rights should be subservient to the power of the state.
Second, parental rights face the threat of international law, which assumes that the rights of children must be asserted against the rights of their parents. Under our Constitution, international treaties - such as the UN Convention on the Rights of the Child (UNCRC) - become part of the "supreme law of the
land," allowing the government, not the parent, to determine what is best for the child and intervene on their behalf.
THE SOLUTION?
The surest and best way to protect children and their parents from both the threat of judges and the danger of international law is to pass a U.S. Constitutional amendment that places parental rights into the black-and-white text of the Constitution. Only then can we ensure that the next generation of
American parents will enjoy the liberties that we now enjoy.
WHAT CAN WE DO?
First, find out the facts for yourself. Go to www.ParentalRights.org. If you feel so led, please sign the petition.
Second, I want to invite you, your family, your friends and anyone you think would be interested to an informational meeting:
Monday, December 17, 2007
Kalihi Union Church
2214 North King Street
7:30 p.m. to 8:30 p.m.
Our guest speaker will be Mr. Peter Kamakawiwoole, Jr. from ParentalRights.org, who will be speaking on the threat to parental rights, and how everyone can join the fight to secure the important liberties of parents.
Third, be willing to serve on the Hawaii Parental Rights Organization Board.
Fourth, pass the word.
The Christmas season is a busy time for all. We will have more informational meetings in the following weeks. For more information, please contact me at
peter.kamakawiwoole@kalihiunion.org. Have a blessed Christmas and I hope to see you on the 17th.
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Tuesday, May 1, 2007
And Still Another Hawaii HSLDA Contact
I know people who homeschool in Mililani and never heard about this. Hopefully it affected only a few of us and the school involved now understands the law. But, it's always good to know our rights so we can deal with our school district if they overstep their bounds like this.
Schools Demand Approval of Year-End Test
Each year homeschool families receive letters from school officials offering to test their children at their local public school. This year has been no different. Some parents, however, have received letters warning that if they want to test their children outside of the public school they must get approved to do so.
For instance, Home School Legal Defense Association member families in Mililani received a letter this year from the local elementary school. The letter stated that parents were required to contact the school within two weeks if they intended to use a privately administered test instead of bringing their children to the school to be tested.
Under Hawaii law parents are required to provide an annual progress report to the local public school at the end of the school year. In grades 3, 5, 8, and 10 a child must be tested either by the Hawaii State Assessment or any test that is “comparable to the appropriate criterion or norm-referenced tests used by the department.”
Parents only need to seek the approval of the school when they want to use a test that is not comparable. The Hawaii Administrative rules authorize the principal to approve other means of evaluation to meet the statewide testing program requirements.
HSLDA attorney Thomas Schmidt contacted the Mililani Uka Elementary School on behalf of all of our members. He advised the school that homeschool parents had the right to privately test their children without their approval.
If you receive a similar letter, please contact us.
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Thursday, March 15, 2007
Hawaii House Resolution 48
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