The 1993 Home-Ed-Politics Debate (Part 7)

1. NH 1993: Once more into the breach
Doris Hohensee

2. UN Treaty of Children's Rights
Doris Hohensee

3. Parental Rights Amendment
Doris Hohensee

4. Four Pillars Discussion
Doris Hohensee





Message 1

Subject: NH 1993: Once more into the breach
Date: Fri, 22 Oct 1993 13:18:22 -0400
From: doris (Doris Hohensee)
Reply-To: home-ed-politics@mainstream.com



This is the fourth in a series on political activity in New Hampshire over the last three years to reverse the effects of our 1990 home education law. Our 1993 attempt was to recognize home educators as private educators.

The bill we submitted in 1993 was identical to the amendment to HB 1470 introduced during 1992 (remember the sequence of events please). It would have eliminated all substantive regulatory control over home education programs.

The bill would have removed the inequities of the current home education law and its state mandated local expense with language that treats home educators in a fashion substantially equivalent to private educators.

It modified only those portions of current statute that impose *requirements* upon private schools. These requirements are: instruction in national and state history and government, flag display, use of the English language (under certain circumstances), and the maintenance of attendance registers. See the interpolated editorial comments for details.

There are many other statutes which *suggest* certain programs and procedures to private educators. These cover such topics as transportation, health care benefit
After the '92 fiasco, we didn't bother to contact CHENH & Co. They'd gone ballistic over the identical proposal at that time anyhow. Recall that they wouldn't talk to us then: there was no reason to believe they'd talk to us now. We figured that even if we failed, we'd still be able to keep the issue before the legislature.

As it turned out, we *did* end up meeting with them under the auspices of one of the bill's sponsors. It wasn't a complete disaster, but what happened after was. The meeting featured a good deal of shouting on their side; it's tough to deal with people who keep losing it emotionally. More details in a subsequent post.

Doris Hohensee




The following are listed below:

1. Text of bill submitted to the legislature
2. Fiscal impact of the bill
3. Text of amendment to the bill



1. The text of the bill submitted to the legislature:


0763B
93-0889
04
1993 Session
HOUSE BILL NO. 657
INTRODUCED BY: Finlay Rothhaus Hills. Dist 18
Co-Sponsors: Richard Kennedy Merr. Dist 7
Senator David Wheeler Hills. Dist 11
REFERRED TO: Education
AN ACT
repealing the home education laws allowing the
state board to adopt rules relative to home
education, and making certain other changes
relative to education.



ANALYSIS


This bill repeals the home education statutes, and authorizes the state board to adopt rules relating to home education programs, curriculum, and compulsory attendance. It also includes home education in those statutes which impose requirements on private schools.

[Ed.: Sounds *awful*, doesn't it? Legislative Services wrote the title and analysis so as to incite a riot. Lots of people read the analysis *only* and didn't bother with the rest.]




EXPLANATION:
Matter added appears in bold italics
Matter removed appears in [brackets]
Matter which is repealed and ereenacted or all
new appears in regular type.


HB 657

STATE OF NEW HAMPSHIRE

In the year of our Lord one thousand
nine hundred and ninety-three


AN ACT

repealing the home education laws allowing the state
board to adopt rules relative to home education, and making certain
other changes relative to education.

Be it Enacted by the Senate and House of Representatives
in General Court convened:

l New Paragraph; Rulemaking, State Board of Education. Amend 186:11
by inserting after paragraph XXXIV the following new paragraph:

XXXV. Home Education. Adopt rules, pursuant to RSA 541-A, relative to reasonable criteria for approving home education programs for the purpose of compulsory attendance requirements. The state board of education may, upon the request of a home educator, approve or disapprove such person's education program and curriculum.


[Ed.: Patterned after a similar section for non-public schools. Note that the State Board of Education may adopt rules for compulsory *attendance* only. It may *not* approve or disapprove an education program or curriculum, except upon request. *Such approval or disapproval does not grant any right of probation or termination of the program to the state board*.]

2 Home Educators Included. Amend RSA 189:11 to read as follows:

RSA 189:11 Instruction of National and State History and Government. In all public, private and home schools in the state there shall be given regular courses of instruction in the history, government and constitutions of the United States and New Hampshire, including the organization of New Hampshire municipal, county and state government and of the Federal government. Such instruction shall begin not later than the opening of the eighth grade and shall continue in high school as an identifiable component of a years course in the history and government of the United States and New Hampshire.

[Ed.: This is a trivial requirement. A home educator would merely have to produce one of the many available texts on these subjects to show compliance. They can be obtained from a local library if necessary. What actually gets taught is entirely up to the parent: there is no state review of the results of this instruction.

This *is*, in a restricted sense, a curriculum mandate. It is not, however, enforceable, and is in any case *far* milder than current law. We're not shooting for the moon here.]

3 Home Educators Included. Amend RSA 189:17 to read as follows:

RSA 189:17 Flags: Penalty. The school board shall supply a United States and a New Hampshire state flag; the flags shall be made not less than 5 feet in length, with a flag- staff and appliances for displaying the same, for every schoolhouse in the district in which a public school is taught, at the expense of the district. They shall prescribe rules and regulations for the proper custody, care and display of these flags; the regulations shall require that wherever possible, the United States flag and the New Hampshire state flag shall be displayed on separate staffs of equal height. When the flags are displayed on the same staff, the United States flag shall be displayed above the New Hampshire flag. The regulations shall further require that such flags shall be displayed prominently outside of the schoolhouse. When they are otherwise displayed, the flags shall be placed conspicuously in the principal room of assembly of the schoolhouse. The governing board of every private school shall supply a United States flag, such flag to be made not less than 5 feet in length, with a Flagstaff and appliances for displaying the same. They shall make provisions similar to those required in the public schools for the display of said flag. A parent providing home education for a child shall supply a United States flag. Such person shall make provisions similar to those required in the public schools for the display of said flag. Any members of a school board or the governing board who shall refuse or neglect to comply with the provisions of this section shall be guilty of a violation.

[Ed.: So display a flag, already. There are no size requirements for home display: the flag can be an inch long and meet the letter of the law. Stick it in a display of world flags. No method of checking up on a parent is provided: therefore, the whole issue is moot. The police can't get into your house without probable cause and a warrant anyhow. Where are they going to get such probable cause? They'd have a real chuckle over this one down at the station. We got a lot of grief from hysterical types on this one.]

4 Home Educators Included. Amend RSA 189:19 - 189:21 to read as follows:

RSA 189:19 English Required. In the instruction of children in all schools, including private and home schools, in reading, writing, spelling, arithmetic, grammar, geography, physiology, history, civil government, music, and drawing, the English language shall be used exclusively, both for the purposes of instruction therein and for the purposes of general administration. Educational programs in the field of bilingual education shall be permitted under the provisions of this section with the approval of the state board of education and the local school district.

[Ed.: Just part of the program, people. Completely unenforcable. Note that while a list of subjects is given, there is no *mandate* that they be taught at all, just that, if taught, they be taught in English.]

RSA 189:20 Foreign Languages: A foreign language may be taught in elementary or home schools; provided that the course of study (or its equivalent) outlined by the state board in the branches named in RSA 189:19 be not abridged, but be taught in compliance with the law of the state.

[Ed.: The key word here is "may." You aren't *required* to teach a foreign language. The rest of the paragraph refers to the previous paragraph of the statute listed above. It doesn't require a particular course of study if you do decide to teach your child a foreign language.]

RSA 189:21 Language of Devotional Exercises in Private or Home Schools. The exclusive use of English for purposes of instruction and administration shall not prohibit the conduct of devotional exercises in private or home schools in a language other than English.

[Ed.: Self-explanatory.]

5 Home Educators Included. Amend RSA 189:27-a and 189:27-b to read as follows:

RSA 189:27-a Computerization of Pupil Registers. School boards, or the governing bodies of public academies or nonpublic or home schools may choose to maintain pupil registration and enrollment information through the use of a computer, instead of using a register provided by the state board of education. The software program for any such computer application shall be capable of providing in printed form at least the information required by RSA 186:11, VI.

RSA 189:27-b Retention of Pupil Registers. Pupil Registers, whether kept manually or by means of a computer, shall be retained as s permanent record of the school district, public academy or non-public or home school. When a computer is used, the permanent record shall consist, at a minimum, of a paper printout.

[Ed.: All you have to do here is keep track of when your child is "present" at "school." Not very difficult, given that the kid is home all the time, and given that *every* day can be counted as a "school" day.]

6 Home Educators Included. Amend RSA 194:31 to read as follows:

RSA 194:31 Registers; Reports. All academies, private and home schools shall be furnished with copies of the school register, and shall make annual statistical report to the state board.

[Ed.: This one's *real* tough. One letter a year containing the final tally of days. What a work load! ;-)]

7 Repeal.

RSA 193-A, relative to home education, is repealed.

[Ed.: Well, we didn't think anyone would *want* the old law, given how bearable this proposal would have been. I suppose there's no accounting for taste.]

8 Effective Date.

This act shall take effect January 1, 1994.



FISCAL IMPACT:

The Department of Education would be required to maintain a file of attendance registers and to bear the cost of maintenance thereof. The cost should be limited to postage and the salary of one (1) part-time clerical worker.



2. Two Opinions of Fiscal Impact of the Bill



First, the N.H. Department of Education's FISCAL IMPACT statement. Here's where they let the cat out of the bag wrt the unfunded mandate contained in the current law. A bit myopic of them.


FISCAL NOTE for an act repealing the home education laws allowing the state board to adopt rules relative to home education, and making certain other changes relative to education.

FISCAL IMPACT:

The Department of Education has determined this bill will increase state general fund expenditures by:
$ 941,850 in FY 1994
$ 1,088,861 in FY 1995
$ 1,257,588 in FY 1996
$ 1,454,336 in FY 1997

Local Expenditures will DECREASE by:

$ 792,225 in FY 1994
$ 914,660 in FY 1995
$ 1,057,254 in FY 1996
$ 1,221,472 in FY 1997

There will be no fiscal impact on state, county and
local revenue or on county expenditures.

METHODOLOGY:

The Department assumes that this bill requires that home education programs would be established as home schools subject to the same statutes as private schools, that all home schools would therefore be subject to applicable review and on-site verification, and that all home education programs would be required to file an annual report which would be reviewed by the department. Also, home education grow by 10% each year and costs will increase by 5% each year. Currently, 1,630 students (1,372 of whom are affiliated with public schools, 250 with private schools and 8 with the Department) are being home educated. If the average family home educated 2 children, then 815 (1/2 of 1,630) families would be eligible for home school designation the first year. It currently costs $500.00 per child for acknowledgement and evaluation proceedures and $ 1000.00 per family for a home school review.

[Ed.: Bureaucrats absolutely *love* to claim that they have more power than they actually do. Gives 'em a reason for getting that paycheck. Once more with feeling: *there is no statute giving the Dept. the power of review and on-site verification.*]

For Example:

In FY 1994, the cost to school districts (reflecting only home education programs supervised by public schools would be:

1,509 students @ $ 525.00 = $ 792,225.

The cost to the state (reflecting all home education programs would be:

897 families @ $ 1,050 = $ 941,850.


Second, our rebuttal of the above:


The Department of Education would bear the cost of maintaining the annual attendance rosters for private home educators as they already do for private schools. Only part-time clerical help would be needed.

Additionally:

1) The bill provides property tax relief to residents by decreasing the local school budgets by approximately one million dollars per year.

2) The incorrect fiscal impact statement, prepared by the Department of Education, acknowledges the UNFUNDED MANDATE that RSA 193-A (Home Education Law) imposes upon local school districts. Unfunded mandates are prohibited according to the N.H. Constitution Part I, Art. 28-a (Nov. 28, 1984): "The state shall not mandate or assign any new, expanded, or modified programs or responsibilites to any political subdivision in such a way as to necessitate additional local expenditures by the political subdivision unless such programs or responsibilities are fully funded by the state or unless such programs or responsibilites are approved for funding by a vote of the local legislative body of the political subdivision." The state provides no funding to the local districts to implement RSA 193-A. By the Department's own admission, RSA 193-A is unconstitutional.

3) There are two errors in the Department's methodology statement. First, the Department is assuming that *all* parents will request a review of their program and curriculum: this is extremely improbable as the review is optional, only done upon the request of the parent. Currently *most* private schools, with this same option, do NOT request a review.

Assuming that every parent does request a review of their curriculum and program, the Department's estimated expense is still greatly inflated. This review is only for the textbooks and curriculum, not an evaluation of the success of the program. The reviewer may make suggestions on ways to improve the program or recommend particular textbooks. This process can be done via the mail, personal review is not required. A typical review would indicate the merits of individual books or curriculums towards achieving a set goal or standard. The cost would be under $50.00 per year for each child's program. Furthermore, the Department need review only as many programs as their budget allows, as they do with private schools. They currently have a multiple year backlog of review requests from private schools.

Second, it is incorrect to assume that the "review" of private home educators will be as time-consuming as that required by the current home education law, RSA 193-A. This bill eliminates all mandatory annual evaluations, which the Department estimates to cost $500.00 per child per year.

This bill recognizes home educators as *private* educators. Thus, if they increase regulations on home educators, the same will have to be done to private educators, for equity's sake. Home educators should be protected here, as private educators will not tolerate any real curriculum control by the state. Not in this state, anyway.

4) The bill requires NO on-site inspections. Homes are not institutions. The only permit required is an occupancy permit, which is already satisfied before you moved in.



3. The text of the "agreed upon" AMENDMENT.

This is identical to the previous bill, except that we replaced 'home educator' (that's them) with 'private educator' (that's us) and left the current home education law alone.




1993 Session

HOUSE BILL NO. HB657

INTRODUCED BY: Finlay Rothhaus

REFERRED TO:

AN ACT allowing the state board to adopt rules relative
to private educators, and making certain other
changes relative to education.


ANALYSIS

This bill authorizes the state board to adopt rules relating to private educators and compulsory attendance. It also includes private educators in those statutes which impose requirements on private schools.


EXPLANATION: Matter added appears in bold italics
Matter removed appears in [brackets]
Matter which is repealed and reenacted or all
new appears in regular type.


HB657

STATE OF NEW HAMPSHIRE

In the year of our Lord one thousand
nine hundred and ninety-three


AN ACT

allowing the state board to adopt rules relative to private educators,
and making certain other changes relative to education.

Be it Enacted by the Senate and House of Representatives
in General Court convened:


l New Paragraph; Rulemaking, State Board of Education. Amend 186:11 by inserting after paragraph XXXIV the following new paragraph:


XXXV. Private Educators. Adopt rules, pursuant to RSA 541-A, relative to reasonable criteria for approving private education programs for the purpose of compulsory attendance requirements. The state board of education may, upon the request of a private educator, approve or disapprove such person's education program and curriculum.

2 Private Educators Included. Amend RSA 189:11 to read as follows:

RSA 189:11 Instruction of National and State History and Government. All private educators and in all public and private schools in the state there shall be given regular courses of instruction in the history, government and constitutions of the United States and New Hampshire, including the organization of New Hampshire municipal, county and state government and of the Federal government. Such instruction shall begin not later than the opening of the eighth grade and shall continue in high school as an identifiable component of a years course in the history and government of the United States and New Hampshire.

3 Private Educators Included. Amend RSA 189:17 to read as follows:

RSA 189:17 Flags: Penalty. The school board shall supply a United States and a New Hampshire state flag; the flags shall be made not less than 5 feet in length, with a flag- staff and appliances for displaying the same, for every schoolhouse in the district in which a public school is taught, at the expense of the district. They shall prescribe rules and regulations for the proper custody, care and display of these flags; the regulations shall require that wherever possible, the United States flag and the New Hampshire state flag shall be displayed on separate staffs of equal height. When the flags are displayed on the same staff, the United States flag shall be displayed above the New Hampshire flag. The regulations shall further require that such flags shall be displayed prominently outside of the schoolhouse. When they are otherwise displayed, the flags shall be placed conspicuously in the principal room of assembly of the schoolhouse. The governing board of every private school shall supply a United States flag, such flag to be made not less than 5 feet in length, with a Flagstaff and appliances for displaying the same. They shall make provisions similar to those required in the public schools for the display of said flag. A private educator shall supply a United States flag. Such person shall make provisions similar to those required in the public schools for the display of said flag. Any members of a school board or the governing board who shall refuse or neglect to comply with the provisions of this section shall be guilty of a violation.

4 Private Educators Included. Amend RSA 189:19 - 189:21 to read as follows:

RSA 189:19 English Required. In the instruction of children in all schools, including private educators and private schools, in reading, writing, spelling, arithmetic, grammar, geography, physiology, history, civil government, music, and drawing, the English language shall be used exclusively, both for the purposes of instruction therein and for the purposes of general administration. Educational programs in the field of bilingual education shall be permitted under the provisions of this section with the approval of the state board of education and the local school district.

RSA 189:20 Foreign Languages: A foreign language may be taught in elementary or by private educators; provided that the course of study (or its equivalent) outlined by the state board in the branches named in RSA 189:19 be not abridged, but be taught in compliance with the law of the state.

RSA 189:21 Language of Devotional Exercises in Private Schools and by Private educators. The exclusive use of English for purposes of instruction and administration shall not prohibit the conduct of devotional exercises in private schools and by private educators in a language other than English.

5 Private Educators Included. Amend RSA 189:27-a and 189:27-b to read as follows:

RSA 189:27-a Computerization of Pupil Registers. School boards, or the governing bodies of public academies or nonpublic schools and private educators may choose to maintain pupil registration and enrollment information through the use of a computer, instead of using a register provided by the state board of education. The software program for any such computer application shall be capable of providing in printed form at least the information required by RSA 186:11, VI.

RSA 189:27-b Retention of Pupil Registers. Pupil Registers, whether kept manually or by means of a computer, shall be retained as s permanent record of the school district, public academy or non-public school or private educator. When a computer is used, the permanent record shall consist, at a minimum, of a paper printout.

6 Private Educators Included. Amend RSA 194:31 to read as follows:

RSA 194:31 Registers; Reports. All academies, private schools and private educators shall be furnished with copies of the school register, and shall make annual statistical report to the state board.

7 Effective Date. This act shall take effect September 1, 1993.



FISCAL IMPACT:

The Department of Education would be required to maintain a file of attendance registers and to bear the cost of maintenance thereof. The cost should be limited to postage and the salary of one (1) part-time clerical worker.







Message 2

Subject: Re: UN Treaty of Children's Rights
Date: Fri, 22 Oct 1993 13:30:57 -0400
From: doris (Doris Hohensee)
Reply-To: home-ed-politics@mainstream.com



Since the N.H. legislators claimed in 1991 that they "used" the UN Convention and Rights of Children to write their proposal (HCR 7), perhaps the following will be useful to those waiting for text of the current federal bill.

Despite the vague and ambiguous language, it may seem harmless at first glance, until you realize who's the horrible enemy of those poor little children: * parents *.

Doris Hohensee




HCR 7 State of New Hampshire

In the year of Our Lord on thousand
nine hundred and ninety-one

A Resolution
adopting a bill of rights for children.

Whereas, all children are created equal; and

Whereas, all children are endowed with certain inalienable rights, among them:

I. The right to enter the world loved, nurtured, and in good health; and

II. The right to be well-nourished and sheltered from harm; and

III. The right to live free of exploitation, abuse, and neglect; and

IV. The right to grow and flourish in a safe place, among those who care; and

V. The right to cures for their ills, and comfort for their hurts; and

VI. The right to educate the mind, develop the body, and nourish the spirit; and

VII. The right to be prepared to assumed a productive role in society; and

VIII. The right to assume the responsibilities and just consequences of their actions; and

IX. The right to participate in determining their own destiny; and

X. The right to the liberty, justice, and dignity accorded all; now therefore, be it

Resolved by the House of Representaives, the Senate concurring:

That these rights of children are inviolable and fundamental to a humane world; and

That when, in the course of human events, such rights are denied or abridged, it is the duty of a just people to seek remedy; and

That this children's bill of rights is declared in the name of all children.




Message 3

Subject: Re: Parental Rights Amendment
Date: Sun, 24 Oct 1993 10:32:33 -0400
From: doris (Doris Hohensee)
Reply-To: home-ed-politics@mainstream.com



>
> Scott Somerville, at HSLDA, reporting in...
>
> HSLDA is actively working with home schoolers in Kansas who are
> trying to introduce a parental rights amendment. I will get the
> text of this ASAP, to share with you thoughtful people.
>
> PLEASE don't think this is vicious discrimination against Doris
> ("HSLDA works with Kansas, but they leave poor little me out in
> the cold!"). We FULLY support parental rights amendments, and
> will gladly work with anyone to get them passed. It is hard to
> get much done, however, after folks have burned every possible
> bridge of communication.
>
> Doris, HSLDA would be happy to do what we can to help you succeed
> in this! Contact me directly at scott+amember%HSLDA@mcimail.com.
>


An open letter to Scott Somerville from HSLDA:


It was nice of you to extend the personal invite to correspond directly via e-mail. However, at this point I'd rather keep this conversation public via this newsgroup.

I do appreciate your personal re-consideration of the Parental Rights Amendment. Though I can't say that I understand why you would wish to support an amendment that *you believe* would not provide adequate legal protection for home educators. In any case, the time for support was, as I mentioned, in 1991, not now.

I do have a few remaining questions for you: Where do you personally stand on the remaining legislation that I posted over the past few weeks? Can HSLDA still defend its role in this on-going N.H. debacle? What role can I expect HSLDA to play in the future? Or has HSLDA learned to stop interfering in state politics both in person and via "urgent" legislative bulletins?

IMO N.H. home educators have not benefitted by HSLDA's continued presence in our legislative efforts over the past four years.

This is not a declaration of war or a termination of all communication. I've always been more than willing to talk politics with anyone interested, both friend or foe alike. That's the name of the game in politics: finding out where, if any, the consensus lies.

This does not mean one needs to "compromise" until this agreement is reached. That is where HSLDA and I part company. (HSLDA did the "best" they could with their limited time and limited experience with N.H. politics, to get us a quick "compromised" law. I would have preferred to wait until something worth supporting came along. But then again, HSLDA does not live in N.H. as I do.)

IMO HSLDA meddled in state legislation in order to enhance their own image, not to protect home educators. For why else would they have opposed all our legislative efforts, even when there was _no_ impact on them, or more importantly, on their client home educators.

IMO if HSLDA were truly honest, they would publically admit their mistakes and promise to do better. Or, at least, address these issues *in public,* not behind closed doors. This is what real 'leaders' must do, or risk the loss of both 'credibility' and 'the right to lead.' That's the price of genuine leadership: accepting the credit or the blame, as the situation warrants.


Doris Hohensee


RSVP: Please address the _issues_ this time.






Message 4

Subject: Re: Four Pillars Discussion
Date: Sun, 24 Oct 1993 10:43:03 -0400
From: doris (Doris Hohensee)
Reply-To: home-ed-politics@mainstream.com



Mr. Wolff writes:

> I recognise, and even sympathise and appreciate, the argument inherent
> in what Alan Fiebig (arffer@ameris.center.il.ameritech.com) wrote
> below:

Mr. Fiebig writes:

>> ... But I do not want ANY group, including HSLDA,
>> standing in Washington saying they represent ALL (or even the majority)
>> of home schoolers. I may or may not agree with their stand, but they
>> DO NOT represent ME.

> However, there are only a very few groups effectively trying to defend
> us from the fascists in Washington. If they were to follow your
> desires in your second paragraph:

>> I feel that my home school desires should be felt in Washington the
>> same way all of my other desires are felt (or not felt as the case may be).
>> ... In this manner, the overall desires of all home schoolers are felt,
>> and not the individual power of a group (HSLDA or others) lobbying
>> Washington.

> nothing would get done, there would be no defense.

> I GREATLY appreciate the work that the various groups of dedicated
> lawyers are doing to defend us. I especially applaud HSLDA.

> The fact that we have, as a people, refused to believe that we are no
> longer governed as a "nation of laws" means that it is now TOO late to
> take this approach. "The Chancellor has been elected" and we need to
> deal with that reality. If GOD be willing, then we can still turn them
> back.




Indeed, Mr. Wolff must jest when he suggests that we must rely solely upon the "dedication" and "good deeds" of HSLDA.

It is "too late" once again...for what? Any political action of our own? Or, is this simply a justification for doing nothing for oneself?

"Nothing would get done?"...only HSLDA is "effective?" Only _they_ can defend us? Let HSLDA lead us out of Egypt?

Is it that personal responsibility is too difficult and being lead is much easier?

'All is lost...please save me.' It's dangerous, indeed, when a people need to believe and must rely completely upon earthly 'saviors.'

Doris Hohensee