CONGRESS WILL REQUIRE HOME SCHOOLERS TO BE CERTIFIED TEACHERS
--VOTE SCHEDULED FEB. 24
February 15, 1994
Analysis by:
Michael P. Farris, Esq.
President
Home School Legal Defense Association
SUMMARY
1. H.R. 6, the Elementary and Secondary Education Act will
require home school parents (and all private school teachers) to be
certified teachers.
2. H.R. 6 will come before the House of Representatives for a
vote on February 24.
3. It is imperative that all home schoolers call their
Congressman/woman immediately to urge: (1) that H.R. 6 be defeated;
or (2) that the "Home School/Private Education Freedom
Amendment" be adopted.
DISCUSSION AND BACKGROUND:
On February 24, the United States House of Representatives is
scheduled to vote on the reauthorization of the Elementary and Secondary
Education Act (ESEA). This bill, H.R. 6, is also know as the "Improving
America's Schools Act of 1994."
This bill contains the most dangerous assault on the freedom of
home schools and private schools ever seen in recent history.
Specifically H.R. 6 contains a provision which may be interpreted to
require all home school parents to be certified teachers, which is an
effective ban on home education for more than 99% of all home schoolers.
A recent, surprise amendment to H.R. 6 was added at the request
of Congressman George Miller (D-CA). This amendment is # 2124(e):
ASSURANCE.--Each State applying for funds under this title
shall provide the Secretary with assurance that after July 1, 1998,
it will require each local education agency within the State to
certify that each full time teacher in schools under the
jurisdiction of the agency is certified to teach in the subject
area to which he or she is assigned.
The definition of "school must be gleaned by referring to the
definition of "elementary school" and "secondary school."
# 9101 (11) The term `elementary school' means a nonprofit
day or residential school that provides elementary education, as
determined under State law.
# 9101 (20) The term `secondary school' means a nonprofit
day or residential school that provides secondary education,
as determined under State law, except that it does not include any
education beyond grade 12.
These definitions are identical to existing law with one crucial
exception: the word "nonprofit" has been added by H.R. 6.
Prior to this time, it was unclear whether or not private
schools were included within the definitional sections of this law. By
adding the word "nonprofit" to this definition, it is very clear that
the intent of the law is to add all forms of private education to the
federal definition of school.
If this were not enough, one must consider an amendment that
Congressman Dick Armey proposed. It read:
Nothing in this title shall be construed to authorize or
encourage Federal control over the curriculum or practices of any
private, religious, or home school.
This proposed amendment was rejected by a straight partyline
vote. (all Democrats voted against the amendment, all Republicans voted
for it). I was told by committee staff that the reason this amendment
was rejected had nothing to do with homeschooling, but was aimed at
private schooling. Encouraging federal control over private education
will both directly and indirectly harm home education. Furthermore, it
is simply unacceptable to establish federal control over any branch of
private education.
If this section passes, we will argue that this section should
be interpreted to only apply to public schools. However, we must
consider how local and state officials will interpret # 2124(e). They
will likely construe it as follows:
Home schools are "schools within the meaning of this definition
because they are nonprofit day or residential schools which provide
elementary or secondary education. Further, all schools which have any
statutory duty to interact with a public school agency (i.e. report any
information whatsoever to a public school agency), will be deemed to be
a school "under the jurisdiction" of a local education agency. This
includes the vast majority of home schools in most states. Therefore,
home schools are schools which are required to be taught by teachers who
are "certified to teach in the subject area to which he or she is
assigned."
Not only must home schoolers be certified teachers, we must be
certified in elementary education to teach elementary grades, and we
must be certified in every subject to be allowed to teach secondary
education. Even the vast majority of currently certified teachers would
be banned form home schooling their children at some point in their
education. It is likely that no parent in America would be qualified to
home school their own children in the secondary grades.
If all of this weren't enough, this bill contains provisions
which will encourage, if not mandate, Outcome-Based Education in every
state. Title I of H.R. 6 requires state standards which "specify what
children served under this title are expected to know and be able to
do." # 1111 (b)(1)(A)(i)(I). It is required that children who are
subject to this Title are to be subject to "standards [which are] as
challenging and of the same high-quality as they are for all children."
# 1111 (b)(1)(A). In other words, for some schools to get Title I funds,
there must be a singular set of standards imposed on all schools.
There is little question that this Federal encouragement of OBE
(or some other similar form of lockstep uniform standards) will be
attempted to be imposed on home schools. The National Association of
State Boards of Education recently declared:
Whether home schooling is regulated through state board actions
or state statutes, decision makers should insure that polices have
the following components:
* Specific provisions for insuring the competency of the
instructor (e.g. teacher/instructor certification or certified
teacher visits to home school site to observe instruction,
minimum education requirements).
* Assurance that policies with regard to home schooling are
aligned with the state's current outcome-based standards and
graduation requirements.
