I have here a long post, because I am posting both the changes suggested on Bill 2754 that was presented on the House of Representatives of PR and the Original bill so everyone objectively can see directly the changes that were presented. Thanks again to The Caribbean Center of Home Education Resources (T'CHERs) in providing the english version of this document.
Brief overview of House Bill 2754 main changes
Exposition of Motives:
This bill satisfies the State's obligation to provide parents with guarantees that will enable them to exercise their rights by creating reasonable parameters, so that government agencies will not arbitrarily regulate homeschooling. This obligation being due to the undeniable reality that the State has a constitutional mandate to ensure that all minors receive an education that promotes their full development.
Section 2- Public Policy
This section further underscores the balance of rights among the State, parents, and children. The State recognizes and reaffirms that parents' right to decide to homeschool is constitutionally protected. In the same manner, the State has the rright and resposibility to legislate reasonably all teaching practices under the mandate of ensuring children's right to receive a proper education.
Section 5- Notice of Intenent The payment of $125 was eliminated. NO payment is required.
Section 8-.Parental Responsibility Parents who homeschool for the sole benefit of their offspring, without any financial gain, will NOT have to acquire a teaching certificate.
Section 9- Portfolios The parent will keep a portfolio to serve as evidence of the materials being used in accordance with the educational philosophy chosen by the parent. The GEC will be limited to only verifying the existence of said portfolio every four years and may do so by means of accepting a sworn statement for such purposes. The GEC will notify parents no less than 30 days prior to making said verification, and in no way will this verification have an effect on the particulars relating to edcational philosophies or content. It is recognized that the portfolio is the exclusive property of the parent and will always remain under his/her custody and they will have the right to modify it as needed or desired. It will be preserved for 4 years after 12th grade.
Section 10 - Extracurricualr Activities The Secretary of Education will "establlish the necessary administrative procedures which will enable" homeschooled student participation in extracurricular activities.
Section 13 - Educational Neglect This section was eliminated.
Section 15 - A New Subsection 21 to Article 7 Law #148 of July 15, 1999 This was Section 16 in the original bill. Subsection 21 to Article 7 Law #148 is rephrased to read: [GEC] will comply with the duties and faculties conferred to it by the homeschooling law.*
*This section eliminates the GEC's duty to confirm compliance with educational philosophy as was stated in the original bill.
Section 17 - Regulatory Faculty GIves the GEC the right and duty to carry out the purposes of the law.
Section 18- Privacy of Records This section was added which orders the GEC to establish rules pertaining to the maintenance and custody of records compiled under this law. Such records will be kept confidential and only the parents; agencies or entities authorized expressly by the parents; the dependencies of the executive, judicial and legislative branches in compliance with their duties; or people who obtain judicial authorization will have access to them.
Section 20- This law will enter into effect on July 1, 2007
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COMMONWEALTH OF PUERTO RICO
15th Legislative Assembly 3rd Regular Session
HOUSE OF REPRESENTATIVES
House Bill 2754
June 15, 2006
Presented by Representative Rivera Ramírez (by petition)
Referred to the Education and Culture Commission
LAW
To establish homeschooling as a non-traditional educational institution; empower
the General Education Council of Puerto Rico to receive, transmit, and maintain the
notices of intent to homeschool of the parents, tutors, or legal guardians of the
minor; and for other related matters.
EXPOSITION OF MOTIVES
The Commonwealth of Puerto Rico recognizes the natural right of the parents to
determine and freely choose the best way to educate and raise their children,
therefore, it puts it forth as government public policy.
Everyone knows that the task of educating children has fallen on the parents since
the beginning of time. However, with the passing of measures that required
compulsory school attendance, and with the changes in industry and economy, said
form of homeschooling, although not disappearing completely, decreased greatly,
passing the responsibility of education to the State. One of the primary reasons for
said change was the necessity for both parents to enter the workforce, looking for a
better standard of living. The idea of homeschooling resurged in the sixties and
since then, parents have tried to reconcile mandatory laws with their natural right to
educate the children in a way that conforms to their social, moral, intellectual, and
spiritual parameters.
On the other hand, the public education system supports the search for alternatives
and strategies that adapt education to the changing times and to provide tools for
achieving the maximum development of the students' abilities. Homeschooling is an
alternative in which the parents or guardians assume the total responsibility of
professorship. This alternative is governed, necessarily and implicitly, by the
particular needs, circumstances, and educational philosophy with which every family
identifies. Within these philosophies is inherent the understanding that education is
acquired by way of the process of daily life.
Homeschooling is an alternative that is generating interest in families around the
world. About 4 million children and teens are homeschooled. In the United States,
approximately 1.1 million (1,096,000) students between the ages of five and sixteen,
between the grades of kindergarten and twelfth, have been homeschooled in 2003
(National Household Education Surveys Program). Actually, the increase varies
between 7 and 15% per year. It is expected that by the year 2010 there will be three
million children and teens being homeschooled in the United States (Brian D. Ray,
2002). The findings of investigative studies show that homeschooling is an
alternative that can adequately harmonize with the complete development of the
student.
Homeschooling in Puerto Rico started in the eighties. It was then that the first
support group, composed of about ten families who were looking for an alternative
to fully meet with their educational needs, organized. Today there are about ten
support groups around the island. The growth has been proportional to previously
shown national growth.
It is necessary to note that the State has a genuine interest in providing for its
citizens necessary opportunities to achieve the full development of their abilities and
therefore, to adequately equip them for the workforce and to support their talents
and abilities for the benefit of the society in which they are a part.
In accordance with the above, the Legislative Assembly of the Commonwealth of
Puerto Rico understands the merit and necessity to establish some basic parameters
that govern homeschooling in Puerto Rico, with the fundamental objective to
guarantee the optimum development of all of the capacities, abilities, interests, and
needs of our children. Moreover, to guarantee other study options should it be
necessary. Obviously, establishing parameters without diminishing the parents'
natural right to educate their children.
DECREED BY THE LEGISLATIVE ASSEMBLY OF PUERTO RICO:
Section I.-Title
This Law will be known as "Law for Home Education in Puerto Rico."
Section 2.- Public Policy
The Commonwealth of Puerto Rico acknowledges as a fundamental natural right that
the parents, tutors, or legal guardians of minors determine the way in which they are
going to be cared for and educated.
Section 3.-Definitions
The following words will have the meanings expressed below:
"Council" will mean "General Council of Education."
"Legal Guardian" will mean any person which, by means of legal authorization, is
appointed to the care and custody of the child that is still of school age.
"Department" will mean Department of Education of Puerto Rico.
"School age" will mean any age up to twenty one (21) years old.
"Basic Academic Education" will mean the completion of elementary, middle, and high
school level or their equivalent.
"Homeschooling" will mean the method in which the parents, tutors, or legal
guardians of minors will provide the basic academic education.
"Parent" will mean biologic, or adoptive, father or mother of the minor.
"Secretary" will mean the Secretary of the Department of Education
"Tutor" will mean the person who, by means of a judicial resolution, is appointed the
guardianship of the minor.
Section 4.-Exception to compulsory school attendance
Children who fall under the discipline of homeschooling or some other alternative
educational program, and whose parents have fulfilled the notification of intent to
homeschool requirement with the Council, will be exempt from what was established
in subsection (a) of Article 1.03 of Law Num. 149 dated July 5, 1999, as amended,
known as "Organic Law of the Department of Education," which establishes
compulsory school attendance in the Commonwealth of Puerto Rico.
Section 5.-Notification of intent to homeschool
The parents, tutors, or legal guardians will notify the General Education Council of
their intention to establish and provide a program of homeschooling. The notification
will be done by means of a written communication, signed by the parent, tutor, or
legal guardian of the minor, and will include: name of the child; date of birth; age;
gender; home address; telephone number; actual school grade or its equivalent, if
applies; school grade that will be covered under the home education method and the
previously attended education institution. Also, it will include a check or postal
money order for the amount of one hundred twenty five dollars ($125.00) per home,
payable to the President of the Council. Such payment will be deposited in a Special
Account in the name of the Council. Funds of this Special Account will be used to
cover, only and exclusively, the expenses which the Council will incur with the
implementation of this Law.
The parents, tutors, or legal guardians should deliver said notification to the Council
no later than thirty (30) days after beginning to homeschool. In the case of parents,
tutors, or legal guardians who are homeschooling at the date of the approval of this
Law, they should notify the Council within sixty (60) days of its approval.
The Council, after receiving the notification, will send back, via postal mail, a copy of
the notification document stamped with their official seal. This document will be
sufficient evidence of academic attendance for all governmental purposes. Under no
circumstances should any agency discriminate against children who are studying
under the homeschooling method.
Section 6.- Notification purpose
The notification of intent to establish and provide a program of home education has
the objective of allowing the Council to maintain information for statistical purposes;
and, as requested by the parent, tutor, or legal guardian, to offer assistance in their
educational efforts. Furthermore, such notification will be filed to protect the families
that decide to homeschool their children against accusations of educational
negligence and of unjustified school absence.
Section 7.- Notification of the intent to cease homeschooling
The parent, tutor, or legal guardian of the minor will notify the Council of their intent
to cease homeschooling. In such cases, the minor will be registered in a public or
private institution unless he will be sent to a new alternative educational program, of
which the Council should then be notified. Said notification must arrive no later than
fifteen (15) days from the date of ceasing to homeschooling.
Section 8 - Responsibilities of parents, tutors, or legal guardians
Parents, tutors, or legal guardians who are in charge of their children’s education are
responsible for the educational philosophy and mission, selection of educational
materials, textbooks, teaching methods, time and place to provide education, and the
student’s regular evaluation.
Also, they will be responsible of getting in contact with and coordinating with
organizations and support groups that can offer orientation on the following topics:
legality, learning styles, multiple intelligences, teaching approaches, academic
programs, evaluation, portfolios, college admissions, local and national resources,
special education, and gifted children. The Council will have a list of these
organizations and groups and will provide it to parents when they complete the
notification.
Section 9 - Portfolio
The parent, tutor or legal guardian will keep a portfolio that demonstrates the
minor’s progress, which will be subject to evaluation, with prior notice, every four (4)
years by the Council. The purpose of the evaluation will be to confirm the fulfillment
of the philosophy and educational mission chosen by the parent, tutor, or legal
guardian. Each homeschooled child’s record will include the following information:
educational materials; activities, samples of work, the minor’s tests or evaluations;
vaccination records, except when this contravenes the minor's religious beliefs and it
has been previously communicated to the Council; etc.
The portfolio should be kept by the parents, tutors, or legal guardians for a period of
six (6) years after completing the twelfth grade or its equivalent.
Section 10 - Extracurricular activities
The Secretary of Education can authorize the participation of homeschooled students
in extracurricular activities, such as literary or oratory contests, vocational curses,
scientific fairs, artistic showings, tournaments, sports, art, dancing, band, among
others; given that the student complies with the vaccination requirements
established under the Law Number 25 of September 25, 1983, as amended, known as
“Immunizations Law of Pre-school Children and Students.”
Section 11 - Minors with any type of learning disability or handicap
The Department of Education will have the responsibility of offering special
education programs and services to minors educated under the homeschool method,
if the minors are eligible, by applicable laws and regulations, to participate in such
programs and given that the parents, tutors, or legal guardians have requested them.
Section 12 - Entrance to the Public Education System
The Department will establish, by regulation, the necessary provisions for entrance in
the Public Education System of students who were educated by the homeschool
method. This regulation will be passed conforming to what is put forth under Law
Number 170 of August 12, 1988, as amended, also known as “Uniform
Administrative Process Law.” Until this regulation is passed, the Secretary will take
the necessary steps for this law’s implantation by a Circulated Letter.
Section 13. -Educational neglect
Any person who might have reasonable cause to think that educational neglect is
taking place can, under oath, notify the Department of the Family about it.
Nevertheless, the person's reasonable cause cannot be founded upon the parent's,
tutor's or legal guardian's denial to provide information or comply with requirements
which exceed those stipulated in this Law, without having the obligation to do so.
Section 14 - College
Minors who are homeschooled can take the college entrance exams the same as the
students in the Commonwealth of Puerto Rico’s public and private education system
do, and they will be eligible for college admission if they fulfill the admission
requirements.
Section 15. -Sub-sections (7) and (8) are added to Article 3 of Law #148, approved
July 15 of 1999, as amended, which will read as follows:
(1)...
(7) "Basic academic education" will mean the completion of elementary, secondary,
and high school levels, or their equivalent.
(8) "Homeschooling" will mean the alternative by which parents or legal guardians of
school-age minors will provide a basic academic education.
Section 16. -New Sub-sections (21) and (22) will be added to Article 7 of Law # 148
oapproved July 15 of 1999, as amended, which will read as follows:
Article 7. Duties, faculties and responsibilities ...
(1)...
(21) Shall confirm every four years compliance with the educational philosophy and
mission chosen by the parent, tutor or legal guardian who educates a minor under
the homeschooling alternative.
(22) Shall receive, process and maintain of the notice of intent to homeschool a
minor submitted by the parent, tutor or legal guardian.
Section 17. -Article 10 of Law # 148, approved July 15 of 1999, as amended, to read
as follows:
"Article 10. -Licensing and Accreditation Office
The Council will establish a Licensing and Accreditation Office and will maintain its
operation with competent personnel to carry out technical duties related to the
evaluation of schools that solicit licenses to operate in Puerto Rico, renewal of
licenses or which should be accredited according to this Law. In addition, this office
will confirm the compliance with the educational philosophy and mission selected by
the parent or legal guardian who homeschools their child under this alternative. This
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