Compulsory School Attendance Age Change – A Continuing Battle

2018 – Bills in other states to lower Compulsory School Attendance Age:

Indiana –

  • 3/16/2018International Compulsory Attendance Age by Alison Slatter and Bridgette Whitlow-Spurlock, Indiana Home Education Association ACTION
    • IHEA Action argues against their Superintendent of Public Instruction’s continuing push to lower the compulsory school attendance age from 7 to 5.
  • 1/4/2018 – Committee Chairman does not plan to give SB 272 a hearing! 
    • “Supporters of lowering the school age say it could decrease remediation rates for elementary school students. Taylor says he’s motivated to continue introducing legislation so all students can have more educational success.“These are the types of bills that you know, maybe not everybody agrees upon, but a lot of people understand that early childhood education means a lot,” he says.But critics say parents should decide when to send their child to school. And even if the Republican majority was more receptive to a lower school age, there are other problems to address in early childhood education.”
  • 12/28/2017The heart of the conflict – The Natural Right of the Parent to Control their Children’s Upbringing vs. State Power – Lisa Yankey, Indiana Home Educators Association (IHEA)
    • “In the history of compulsory schooling, there has long been a struggle between parents and the state. Parents have a natural right to control their children’s upbringing, but the state uses the legal doctrine of ;parens patriae’ to ‘do what is necessary to protect the child’s welfare, even if such actions diminish parental control.’
    • “When government seeks to expand its reach, an attentive population should question whether the government has the authority to do so. Thus, the important question here becomes: What is the state authority for expanding the compulsory school age?”
    • “[N]o legislator should promote the expansion of state-compelled school attendance ages unless…such an expansion of compulsory school age by the state is consistent with the state’s constitution and the spirit and history of freedom of choice in his or her state.” Ray, Brian D. (2009). Is there any solid evidence for expanding compulsory school age? Salem, OR: National Home Education Research Institute.”

October 2017 Update:  Minutes for hearing on AB 186 – 3/22/17 posted on Legislative website.

It takes some time for the LCB to get minutes of hearings posted on their website, usually long after the Legislative session has ended.  Although the fate of the bill has usually been decided by the time minutes are posted it always a good idea to re-read them to equip ourselves for next time.  In this case AB 186, that proposed to lower the compulsory school attendance age from 7 to 5, mandate enrollment in Kindergarten, and require all Nevada public schools to offer Pre-Kindergarten, died in committee.

Some comments made by the sponsor of the bill, Assemblywoman Olivia Diaz (D), should be noted for future attempts to remove parental control over “when” their child is ready to begin school.

Bullet Points = Thoughts from NHN Officers

Assemblywoman Diaz in her opening remarks: “I bring before you Assembly Bill 186 for your consideration. I am a proud educator and an even prouder mother of a five-year-old who attends a full-day kindergarten program in Clark County. I am also a proud grandmother of a nine-month-old who is currently attending a school. What I am learning as a grandmother is that I missed things with my own five-year-old in terms of opportunities and windows that sometimes you just do not get back. Now that I have Aiden as my grandchild, and looking at Javi being in kindergarten, I wish that I would have started taking him to preschool at a much younger age because that socialization key is so important. Neurological science is showing us that the younger our children interact, engage, and learn, the stronger their brains are long-term and the future success of them starting to grow as individuals is so much more promising. Not that I am saying that I have been a horrible parent, but in hindsight, there were some missed opportunities for me to get him in school early and then he would be that much more perfect than I already think he is.”

  • Hhhmmm… her 9 month old grandson is currently “attending a school.” Seriously?  Or is it because both his parents are attorney’s who place him daycare while they are at work? (she reveals this later in her testimony, see page 23 of the minutes).  We’re all for parents being able to choose this “option” for their child but not a state mandate for ALL parents to do the same.

Assemblywoman Diaz after stating her many reasons for bringing the bill forward;  “…In summary, Assembly Bill 186 seeks to expand access to prekindergarten and kindergarten programs across the state by requiring the board of trustees of each school district to establish, equip, and maintain a pre-K education program and a kindergarten in each elementary school or school attendance area in their district. Assembly Bill 186 also seeks to lower the minimum required age of enrollment and attendance at school to five years of age from the previous seven years of age, as well as allowing the children who are four years of age on or before September 30 to be admitted to a pre-K program.”

  • Lowering the required school attendance age from 7 to 5 puts the state in control of “when” a child should attend school instead of allowing parents the right to decide when the child is READY.
  • We believe parents know their child best and should be making this decision.
  • Current law ALLOWS parents to enroll their child at age 5 if they determine they are ready or delay enrollment in a school until age 6 or 7 dependent on the child’s needs not a state mandate.
  • “So lowering the compulsory attendance age strikes us as totalitarianism; the state thinks they’re smarter than the parents in making educational decisions for the children.” J. Michael Smith, HSLDA President 

Assemblywoman Diaz: “…Again, the bill does not mandate full-day kindergarten, it simply makes it so the parent has to enroll their child in school by the age of five, or make alternative arrangements as provided by existing law.”

  • Exactly, it means parents will have to either enroll their child in a school OR submit a Notification of Intent to Homeschool at age 5 even if the child is not ready for “formal academics.”  Again, this is the state, not the parent, determining what is best for the child – something the state can’t possibly know.

Assemblywoman Diaz:  “I got some numbers from the Department of Education and I want you to know that based on the 2010 census data, Nevada has approximately 36,685 five-year-olds, and of those, 34,626 have been enrolled in kindergarten programs. We are just doing what the majority of parents are already choosing to do which is to enroll their children.

  1. So 94.4% of children age 5 in Nevada are already enrolled in Kindergarten programs.  And that isn’t already a HIGH percentage without mandating age 5?  We beg to differ.
  2. So because the “majority of parents” are already “choosing” to enroll the child at age 5 we should make a law forcing the other 5.6% to do the same?  That just defies logic!

Assemblyman Elliot T. Anderson (D): “I am looking at the bill and just want to clarify something. I think I know the answer, but thought it might be good to put on the record that homeschool parents would still have the option to homeschool their children under your legislation, right? That would not change or require them to come into public school, would it?”
Assemblywoman Diaz: “That is correct. I am not, in any form, modifying the process by which a parent chooses what the best setting is for their children. I know there are many parents who opt to do the private school route and that there are many parents who choose to do the homeschooling route and I am not changing that at all with A.B. 186. They get to choose. They do have to come in just like they would at age seven and notify what choice they are making, but I am not changing how they currently have to abide by the law.

  • That’s so generous!  She’s not changing “how” parents must comply with the law… just “when” because of course “the state” knows what all children need, and when, better than their parents.  Need we say more?

Assemblyman Edwards (R): I think early education can be extremely good for some, but I also think too much of a good thing can be bad. We have to be very careful about pushing children too early simply because of the maturity level. Studies will also show that girls usually progress maturity-wise two years ahead of boys. My concern is that we do not get to the point where we are pushing kids to get into prekindergarten when they simply are not mature enough. I was glad when you said that homeschooling is still an option and that there are other ways that parents are not expected to have their children attend at four years of age.”                                                                                   Assemblywoman Diaz: “That is correct. Parents are the ones who make that decision, whether they want to enroll their children in our public school education as soon as five years of age, or they want to opt to homeschool them, or they want to take them to a private school. This bill does not infringe upon those rights to make those decisions for their students. I would also educate the Committee that in speaking with the key academics at the University of Nevada, Las Vegas (UNLV) studying early childhood education, they said that actually homeschooling parents might benefit from kindergarten being mandated because they would then have access to curriculums [sic] they could get ideas from. Not that I am saying they have to abide by them, but curriculums [sic] are then facilitated for them to reference if they wish to do so.”

  1. Again, this misses the point… the bill would still require all children to begin “school” (public, private, or home) at age 5… that removes the parent from the decision making process and puts it in the hands of the state, Assemblywoman Diaz is being disingenuous in her answer.
  2. The comment about the “key academics” at UNLV is also disingenuous and grasping at straws!  Parents already “have access” to curriculum no matter what age their children are!

And then the discussion really went south and is where NHN began to grow really concerned!  Most of the 2017 Assembly Education Committee members (Democrats and Republicans alike) KNEW NOTHING about our homeschool law and the FREEDOM parents have to direct the education of their own children.  

  • Assemblywoman Tolles (R): “…I also wanted to ask you what requirements would then suddenly be necessary for those families who want to keep their kindergarten-aged children at home instead of enrolling? We know that we ask families who homeschool to meet certain requirements. I am assuming that if we were to pass this legislation, we would be extending it to kindergarten families to say that if you want to keep your child at home, you have to go through the same requirements as a family would who decides to homeschool their student. Am I correct in that assumption?”
  • Assemblywoman Diaz: “It was my understanding that there are not really very many rigorous checks on the homeschooling community. Maybe they get screen”ed before they come to a public school to review where they are in terms of readiness or levels. I do not want to give misinformationso we will ask Ms. Oya.”
  • Patti Oya: “No, I am sorry. I know there are homeschool parents here, but I do not have the
    requirements around homeschooling. We can certainly provide that for you.”
    Chairman Thompson (D): “Since nobody has the answer, we will just get it offline.”

    • It just can’t be stressed enough how VERY concerned we should about this.  Homeschoolers need to first educate themselves on our long and tortuous history and then their Legislators!  You can read it (or watch a short video) here: A Long Road to NV Homeschool Freedom; 1947-Present.

This was the end of Assemblywoman Diaz’ official presentation of AB 186.  Chairman Thompson then went to testimony in support of the bill.  In Carson City, there was no testimony in support; in Las Vegas there was.  Then there was much testimony against the bill in both Carson City and Las Vegas.  You can read the minutes for this part of the process.  Elissa Wahl, NHN Chairwoman and Barbara Dragon, NHN Officer Emerita testified against the bill requesting that the compulsory attendance age remain at 7 which is working well for Nevada families and allows parents the right to decide if their child is ready for school at age 5 or 6 and which course to choose if they are.

Even the media “got it,”  Mandatory Kindergarten debate heats up– 3/23/2017 KOLO 8 News Now

6/13/17 – 2017 Legislative Session Wrap-up

6/8/2017 – Nevada Legislative Session has ended.

AB 186 (compulsory school attendance age change/mandatory Kindergarten/pre-Kindergarten classes) was never heard in Assembly Ways & Means so the bill “died in committee” as they say.  We’re sure that some version of the bill will resurface in 2019 (there has been legislation to lower the compulsory school attendance age every session since 2007!)… but until then, sit back, relax and enjoy the FREEDOM to make the decision WHEN your child is ready for school!

Thank you to everyone who communicated with members of the NV Legislature and/or showed up to testify against AB 186… we couldn’t have done it without you!

Excellent 8/22/2015 blog post, Why School? Why 5 years of age? Why 5 days a week? Why 6 hours a day? Certainly there is a need and place for academic instruction in every child’s life… we of course desire to train them up to become self-sustaining, productive members of society who move out of our homes!  But why is it incumbent on government to determine when, where, and how OUR children are education?  It isn’t… it is a parent’s God-given right and responsibility.  NHN will continue the battle against Nevada’s propensity to make such decisions for ALL parents.

6/7/2017 – Letter from HSLDA

2017 Victory in Nevada! Bill to Reduce Parental Control of Education is Dead
 A message from Mike Smith (HSLDA) and Barbara Dragon (NHN)
Dear HSLDA Members and Friends:
AB 186 (by Diaz), which would have lowered the compulsory school attendance age from 7 to 5, died in the Ways and Means Committee last night as the legislative session ended.
This happened only because of your actions of writing letters, emails, making visits to the legislature, and your phone calls. Over 370 of you voiced your opposition to AB 186 on the Nevada Legislature opinion page. This is monumental.
Also, the tireless efforts of those at Nevada Homeschool Network was instrumental in this defeat. A special thanks goes to those who testified at the education hearing. Because of all these efforts, working together, AB 186 was defeated.
It seems obvious that another effort will be made in 2019 to lower the compulsory school attendance age. We will need to be ready again to mount an even greater effort. And to that end, if your legislator voiced opposition to the bill, please extend a thank-you to him or her.
Thanks again to all of you. We wish we could give you all a great big congratulatory hug!
Mike Smith is president of HSLDA.
Barbara_Dragon_SIG.jpg

6/2/2017 – UPDATE on AB 186

No news is good news?  We haven’t heard anything on AB 186 in weeks.  The bill is stalled in Assembly Ways & Means, which is good news at this point considering the HUGE budget battle now taking place over funding of the Governor’s ESA bill, SB 506.  So, we’ll say a prayer and ask God to continue to protect the fundamental right of parents to decided when their child is ready for school up to age 7 as in existing law.

We did find a 2009 article by Dr. Brian Ray, NHERI, that delves into the push by government bureaucrats to lower compulsory attendance ages.  Keeping this article here for what is sure to be a continuing battle in future Nevada Legislative sessions: Is There Any Solid Evidence For Expanding Compulsory School Age.

4/27/2017 –  Contact your Assemblyman/woman regarding AB 186.  Bill referred to Assembly Ways & Means, not yet scheduled for a hearing.

Click here for Call to Action MESSAGE from HSLDA/NHN

Please help NHN and HSLDA stop AB 186 that lowers the compulsory attendance age from 7 to 6 (amended from age 5 in original bill).  It also mandates Kindergarten for a 6 year old child enrolling in a public school if they were not enrolled in a public/charter school at age 5 which is punitive to the child!  And lastly, AB 186 will set up a new program, funded from the State’s General Fund (over and above what is already going to public K-12 education), to fund prekindergarten in public and private schools and child care facilities.

The amended version of the bill limits the parental right to decide when their child is ready for enrollment in a school (public or private) or to begin homeschooling as compared to existing law.  No reasonable justification has been given as to why the State of Nevada should compel enrollment in a school at a younger age than 7.  The current breakdown of enrollment ages in all 50 states is; age 5 = 9 states, age 6 = 25 states, age 7 = 14 states, age 8 = 2 states.

In addition, the NV Department of Education estimates that “…of the estimated 37,000 5-year-olds in the state, about 2,000 aren’t in school.”* that’s a whopping 95% who are already enrolled in a public school… so what’s the point? Clearly children in Nevada are already attending school and lowering the compulsory attendance age serves no purpose.  So lowering the compulsory attendance age strikes us as totalitarianism; the state thinks they’re smarter than the parents in making educational decisions for the children.

We are asking that you contact your Assemblyman/woman immediately and ask them to vote NO on AB 186 if/when the Assembly Ways and Means passes the bill out of committee.  Contact info for Legislators is contained in the HSLDA memo above as well as the link to the “Share Your Opinion” page for all bills being heard this Legislative session.  All Assembly Legislators need to be made aware of this attempt to limit parental rights.

*https://thenevadaindependent.com/article/bill-proposes-sweeping-expansion-nevadas-meager-pre-kindergarten-program

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4/26/2017 – UPDATE on AB 186, 1st Reprint

Assemblywoman Diaz’ Amendment No. 468 to AB 186 now posted on NV Legislative website.

POSITION:  Opposed

For Nevada Homeschool Network, our main issue of concern is allowing ALL parents the freedom to decided “when” (up to the age of 7 as in current law) and “where” their child should attend school (public, private, or home).  As such, we review bills based on their impact on the fundamental right of parents to make decisions regarding the education of their children as FREE from government control as possible.  In this case, AB 186-1st Reprint limits existing rights by lowering the compulsory attendance age from 7 to 6, and may actually penalize children who are not enrolled in a public/charter school by their parent at age 5.  This will make NRS 392.040 MORE restrictive, not less and should therefore be opposed.

DETAILS: Although Assemblywoman Diaz amended the original version, we still have major concerns with the bill.

  1. While the amendment changes the compulsory attendance age in AB 186 from 5 to 6, the bill now “mandates” kindergarten in public school and is punitive against a child whose parents choose to enroll their 5 year old child in a private kindergarten, provide a kindergarten experience at home, or simply provide the child with an enriching home life establishing the 6 year old child’s “readiness” for first grade.
  2. Section 3, subsection 7 defines a “kindergarten” as one offered in a public or charter school, only.
  3. Section 3, subsection 3 stipulates that a 6 year old child who has not attended a “kindergarten” (as defined in Section 3, subsection 7 of the bill) MUST be placed in kindergarten if enrolling at age 6 in a public school.
  4. Section 2, subsection 1(j) seems to allow a charter school to enroll a 6 year old in first grade without prior enrollment in a public/charter kindergarten.

From our reading of the First Reprint, if a parent chooses to wait to enroll their child at age 6 in a public school and the child did not attend a public or charter kindergarten at age 5, that 6 year old child MUST be enrolled in the public school kindergarten and has no opportunity to enter first grade if that is a more appropriate placement based on the child’s abilities.  Therefore, this amended bill is clearly “more restrictive” than existing law and we question whether that wording is intentional or a mistake that can be corrected.

BACKGROUND:  School districts in this state currently offer (and are required by existing law) an “assessment” or “developmental screening” for a child enrolling in a public/charter school for the first time to determine grade placement.

Existing law: NRS 392.040

6.  A child who is 7 years of age on or before September 30 of a school year must:

(a) If the child has completed kindergarten and the first grade, be admitted to the second grade.

(b) If the child has completed kindergarten, be admitted to the first grade.

(c) If the parents, custodial parent, guardian or other person in the State of Nevada having control or charge of the child waived the child’s attendance from kindergarten pursuant to subsection 4, undergo an assessment by the district pursuant to subsection 7 to determine whether the child is prepared developmentally to be admitted to the first grade. If the district determines that the child is prepared developmentally, the child must be admitted to the first grade. If the district determines that the child is not so prepared, he or she must be admitted to kindergarten.

__The enrollment of any child pursuant to this subsection must be counted for apportionment purposes.

7.  Each school district shall prepare and administer before the beginning of each school year a developmental screening test to a child:

(a) Who is 7 years of age on or before September 30 of the next school year; and

(b) Whose parents waived the child’s attendance from kindergarten pursuant to subsection 4,

__ to determine whether the child is prepared developmentally to be admitted to the first grade. The results of the test must be made available to the parents, custodial parent, guardian or other person within the State of Nevada having control or charge of the child.

FURTHER AMENDMENT NEEDED:  AB 186, 1st Reprint does NOT included this “developmental screening” language provided in existing statute for children whose parents choose to delay school enrollment for their child and should, at the very least, be amended again to allow for a 6 year old child being enrolled in public school for the first time to receive an assessment to determine grade placement which may be kindergarten, first grade, or even second grade!  It should be up to the school and the parent, working together, to determine the most suitable grade placement of a child based on his/her academic skill level rather than their birth date.  It is “reasonable” to assess a child’s readiness for a particular grade placement rather than limiting the child’s placement in a public school simply because he/she did not attend a public/charter kindergarten in this state at age 5.

Further, under current law and the AB 186-First Reprint, children moving to Nevada from another state are allowed placement in the grade level they were working at in that state according to that state’s laws.  This could mean that if another state recognizes kindergarten and/or first grade enrollment in private schools and homeschools, those children would not be automatically placed in a Nevada kindergarten.  If this were the case, a Nevada resident child may be discriminated against under the wording in AB 186-1st Reprint if forced into kindergarten for having not been enrolled in a Nevada public/charter kindergarten at age 5.

CONCLUSION:  NHN will continue to advocate for the complete removal of the “compulsory attendance age change” language from AB 186 because doing so will maintain the liberty of parents to make decisions for the appropriate age of their child’s school enrollment (up to age 7) based on their “readiness” for formal academic training and will not impact Assemblywoman Diaz’ stated goal of offering state funded prekindergarten programs to 4 year old children in this state.

ADDITIONAL IMPACT of AB 186-1st Reprint:  Sections 5.3 and 5.8 create a NEW prekindergarten funding program for public and private schools and child care facilities.  AB 186 was also amended to remove the requirement that public schools in Nevada provide a prekindergarten class and instead requires the NV Department of Education to establish the “Prekindergarten Improvement and Expansion Program.”

From the Legislative Counsel’s Digest on AB 186, 1st Reprint –

Section 5.3 – “The Department shall (1) accept and approve applications from schools (public or private) and child care facilities (public or private) that wish to establish new prekindergarten education programs or expand existing prekindergarten education programs; and (2) identify the needs that must be met for those schools to establish or expand prekindergarten education programs.” (State control of all prekindergartens that receive state funding.)

In addition, the amended bill “prescribes the required uses of money appropriated for the program, including addressing the identified needs of schools and facilities participating in the program 7 and awarding grants of money to such schools and facilities.”

Section 5.8 – Appropriates money from the State General Fund:  (not currently included in Governor Sandoval’s proposed budget) for this program for the next two years (2017-2019) according to the bill; $9,313,000.00 (1st year: $1,542,000.oo, 2nd year:  $7,771,000.oo).

NHN is not taking a position on this portion of the bill.  However, we do stand by our original position that state funding of  prekindergarten or “preschool” is burdensome to the taxpayer because, “There are no proven studies showing preschool promotes long-term educational success. To the contrary, research indicates that early education does not improve a child’s potential for being a better student in the future, because early gains disappear in a few years.”

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4/14/2017 – Update on AB 186

Assembly Education Committee votes “Do Pass” of an amended AB 186.  Two Republican Assemblywoman, Melissa Woodbury and Jill Tolles voted “for” the amended bill but reserved the right to change their vote to “no” on the assembly floor because they still have concerns with the Age 6 compulsory attendance age change (this up from age 5 in the original bill, the current age is 7).  NHN believes that there is no compelling evidence to suggest the current age of 7 needs to be change or that anyone will be benefited by the change.  Indeed, parents will be more burdened by lowering the compulsory attendance age if their children are simply not ready for school.

If you live District 24 – Clark County (Woodbury) or District 25 – Washoe County (Tolles) please contact them and ask them to vote NO on AB 186 since you are their constituents.  Contact info for Assemblywoman Woodbury; https://www.leg.state.nv.us/App/Legislator/A/Assembly/Current/23

Assemblywoman Tolles: https://www.leg.state.nv.us/App/Legislator/A/Assembly/Current/25

Results of the Education Committee Vote on AB 186 –A message from Mike Smith
Dear HSLDA Members and Friends:

Assembly Bill 186 was voted out of the Assembly Education Committee this afternoon. The author of the bill amended it to change the compulsory education age from 5 to 6.

However, we will not change our position on the bill—at age 6 children are still too young to be forced to start formal education. There’s no justification for changing the current compulsory age of 7.

It appears that the bill will now go to the Assembly Committee on Ways and Means—the money committee. When and if this happens, we will  let you know so we can mount further opposition to AB 186.

For those of you who contacted the Education Committee, voicing your concerns, we are very grateful. We will be asking you to contact your legislators again. Do not despair; perseverance in the face of adversity is the key to maintaining our freedom.

Sincerely,

Mike Smith,

HSLDA President

4/13/2017 – Update!  Action Needed

The Assembly Education Committee has scheduled AB 186 for a Work Session and VOTE tomorrow, April 14th. We don’t know the time of the hearing, it will be held “at the call of the Chairman.”

Please EMAIL all Committee Members tonight or tomorrow morning with “Vote NO on AB186” in the subject line. This will make it easy to copy and paste into an email: Tyrone.Thompson@asm.state.nv.us, Amber.Joiner@asm.state.nv.us, Elliot.Anderson@asm.state.nv.us, Olivia.Diaz@asm.state.nv.us, Edgar.Flores@asm.state.nv.us, Ozzie.Fumo@asm.state.nv.us, William.McCurdy@asm.state.nv.us, Brittney.Miller@asm.state.nv.us, Heidi.Swank@asm.state.nv.us, Chris.Edwards@asm.state.nv.us, Lisa.Krasner@asm.state.nv.us, Keith.Pickard@asm.state.nv.us, Jill.Tolles@asm.state.nv.us, Melissa.Woodbury@asm.state.nv.us

Bill: AB 186 (by Diaz)—lowers compulsory school attendance age from 7 to 5, makes kindergarten mandatory at age 5 and requires all school districts to provide prekindergarten for 4 year-olds in every public elementary school.

This bill 

  • Denies parents the right to decide if their children are ready for school at age 5 or 6 and puts that decision in the hands of the state.  
  • Mandates that ALL children attend Kindergarten 
  • Mandates that all public school provide PreKindergarten (4 year-olds) – where does that money come from?  Raising taxes again?

Position: Strongly oppose

Assembly Education Committee Members office phone numbers:

DEMOCRATS: Tyrone Thompson – Chair Office Phone: 775-684-8569, Amber Joiner – Vice Chair Office Phone: 775-684-8559, Elliot T. Anderson Office Phone: 775-684-8835, Olivia Diaz Office Phone: 775-684-8553,  Edgar Flores Office Phone: 775-684-8583, Ozzie Fumo Office Phone: 775-684-8839, William McCurdy II Office Phone: 775-684-8545, Brittney Miller Office Phone: 775-684-8833, Heidi Swank Office Phone: 775-684-8595

REPUBLICANS: Chris Edwards Office Phone: 775-684-8857, Lisa Krasner Office Phone: 775-684-8848,
Keith Pickard Office Phone: 775-684-8823, Jill Tolles Office Phone: 775-684-8837, Melissa Woodbury Office Phone: 775-684-8503

Assembly Fax number for all: 1-775-684-8533

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4/4/2017 – In the Media

Commentary on AB 186 (Diaz) and AB 348 (Joiner) from Victor Joecks, Las Vegas Review Journal

“Diaz has proposed Assembly Bill 186, which would reduce the compulsory school age from 7 to 5. She testified that Nevada has about 37,300 5-year-olds, but just 34,626 of them are enrolled in public kindergarten. You might think having 92 percent of 5-year-olds enrolled in public kindergarten shows that the status quo is working — starting at 5 fits most kids, and parents hold off when a child isn’t ready — but you’re obviously not thinking like a liberal.

Liberal politicians are running a factory that produces widgets — you commoners call these widgets “children.” No factory supervisor could accept an 8 percent error rate. Politicians’ track record of, ahem, “success” with Nevada’s public school system proves that we can blindly trust them.”

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3/22/2017 – UPDATE

BEST video news report on the hearing on AB 186 from KOLO-News Now;
“But with such high voluntary kindergarten enrollment numbers, opponents of AB 186 say parents should be able to choose whether to let their children start school early.”Our kids have access to kindergarten all day by age 5,” Maggie England, a parent who opposes the bill, said to the committee. “There’s no need to mandate it at five. They all have access already. This is only restricting parental rights over their child, and I don’t think that’s the place of the government.”

Other parents also saw this bill as government overreach.

“I did not give birth so the state could have children,” one mother again AB186 told the committee.

Others argued that one size doesn’t fit all, that some children may not be developmentally ready to start school at five.

“Kids are all different,” Karen England, executive director of the Nevada Family Alliance, said. “Their social needs, their emotional needs, their educational needs, their medical needs. We’re all different. My three grandchildren could not be more different.”

Assemblywoman Diaz says the bill does not take away a parent’s right to choose private or homeschooling education as an alternative to public school. They would just be required to file the same notices and paperwork they would if they were making the decision for their 7-year-old. But it was unclear what parents would do if they want their child educated in a private school, but not until he or she was six or seven. Opponents also expressed concerns that parents would lie and use homeschooling as a loophole to avoid enrolling their child in school.

“You are forcing that parent to do one of two things,” Karen England said. “Falsify a record and become a homeschooler for their child at the age of 5, and provide lesson plans and all the documentation. Or if they’re not falsifying the record, force them to do what they genuinely believe is wrong for their child.”

And from the Las Vegas Review-Journal:  

Lowering the compulsory age drew the most criticism, including from the Nevada Homeschool Network.

“Our basic premise is that parents need to be the one who decides when their children enter school,” said Elissa Wahl, the organization’s chairwoman. “The biggest sticking point is that this is not voluntary.” 

Click here to read NHN’s Letter to the NV Assembly Education Committee – 03.21.17 OPPOSING AB 186 as written.

Click hear to read Home School Legal Defense Association’s positon on AB 186.

Video of the actual hearing:  http://nvleg.granicus.com/MediaPlayer.php?clip_id=7292  AB 186 was the last bill to be heard and starts at the 1 hour, 26 minute marker.

THANK YOU to all the parents and concerned citizens who came out today in both Carson City and Las Vegas to convey opposition to AB 186 as written! And to those of you who called, emailed, faxed; LEGISLATORS HEARD you! Several made comments on all the people who had contacted them!!!

We are hopeful (though not necessarily optimistic) that members of the Assembly Education Committee heard our plea and will work to amend the bill and leave the compulsory attendance age at 7. The next step will be for the Chairman to move this bill to a “Work Session”… NHN will keep you posted.

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3/20/2017 

Click here for joint Home School Legal Defense Association and NHN Call to Action – Make your opinion known!

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3/19/2017 – Neveda AB 186 Opposition.NHN.HSLDA Hearing CTA.1

AB 186 – Reduces Parental Control over Education; Hearing Scheduled 3/22/17

Call to Action Request – NEW message from NHN Officers and Mike Smith (HSLDA)

Bill: AB 186 (by Diaz)—lowers compulsory school attendance age from 7 to 5, makes kindergarten mandatory at age 5 and requires all school districts to provide prekindergarten for 4 year-olds in every public elementary school.

Position: Strongly oppose

Status: As introduced

Hearing:  Wednesday, March 22, 2017 at 3:15 p.m.  in Assembly Education Committee. Agenda: https://www.leg.state.nv.us/Session/79th2017/Agendas/Assembly/ED/Final/588.pdf

Action Requested

Thank you to all who have already contacted your own Assembly members and voiced your concerns regarding AB 186, but NOW more is needed!  We need ALL OF YOU to respond to this new action request to STOP this attempt by the state to get ALL children in school at five years of age.

Please call, email or fax members of the Assembly Education Committee NOW (contact info below). Include your name, address, and a short message (see Opposition Points below).  Subject:  Vote NO on AB 186.

Plan to attend the hearing on Wednesday, March 22nd at 3:15 in either Carson City or Las Vegas.

Location: Room 3142 of the Legislative Building, 401 S. Carson St., Carson City, NV.

Video-conferenced to Room 4406 of the Grant Sawyer State Office Building, 555 E. Washington Ave., Las Vegas, NV.

 

CONTACT INFORMATION for Education Committee Members:

Tyrone Thompson – Chair  Office Phone: 775-684-8569    Email: Tyrone.Thompson@asm.state.nv.us

Amber Joiner – Vice Chair  Office Phone: 775-684-8559     Email:  Amber.Joiner@asm.state.nv.us

Elliot T. Anderson                Office Phone: 775-684-8835     Email: Elliot.Anderson@asm.state.nv.us

Olivia Diaz                        Office Phone: 775-684-8553     Email: Olivia.Diaz@asm.state.nv.us

Edgar Flores                      Office Phone: 775-684-8583     Email: Edgar.Flores@asm.state.nv.us

Ozzie Fumo                       Office Phone: 775-684-8839     Email: Ozzie.Fumo@asm.state.nv.us

William McCurdy II           Office Phone: 775-684-8545     Email: William.McCurdy@asm.state.nv.us

Brittney Miller                   Office Phone: 775-684-8833     Email: Brittney.Miller@asm.state.nv.us

Heidi Swank                      Office Phone: 775-684-8595     Email: Heidi.Swank@asm.state.nv.us

Chris Edwards                   Office Phone: 775-684-8857     Email: Chris.Edwards@asm.state.nv.us

Lisa Krasner                      Office Phone: 775-684-8848     Email: Lisa.Krasner@asm.state.nv.us

Keith Pickard                     Office Phone: 775-684-8823     Email: Keith.Pickard@asm.state.nv.us

Jill Tolles                          Office Phone: 775-684-8837     Email: Jill.Tolles@asm.state.nv.us

Melissa Woodbury              Office Phone: 775-684-8503     Email: Melissa.Woodbury@asm.state.nv.us

Assembly Fax number for all:  1-775-684-8533 or Toll Free: 1-866-543-9941

Assembly Mailing Address: c/o NV Assembly; 401 S. Carson Street, Carson City, NV 89701-4747

Current Assembly Members: https://www.leg.state.nv.us/App/Legislator/A/Assembly/

Find Your Legislator: http://mapserve1.leg.state.nv.us/whoRU/

Summary of Concern

Under current law, parents can choose to have their child skip kindergarten and begin at the 1st grade at age 6 or even 7 if appropriate for the child as determined by the parent. If AB 186 were to pass, it would eliminate this current parental choice by mandating that every child attend school by age 5. This would go into effect at the beginning of the 2017-2018 school year.

Under AB 186, parents who would have chosen to delay their child’s entrance into formal education and skip kindergarten would be forced to start their children’s formal education two years earlier, before they feel it is best for their child.

The requirements of AB 186 would apply to pupils in public and private schools, as well as homeschools and rigidly compel school attendance based on age instead of readiness.

Advocates of extending government control over all children from birth will be able to use passage of AB 186 as a step toward establishing seamless, cradle-to-grave government-controlled education and development programs for all children.

Opposition Points

  1. Parents, not the state, should decide when their children are ready to attend public, private or home school, not the government.  The current compulsory attendance age of 7-18 more than satisfies the government’s goal of ensuring an educated populace while protecting a parent’s right to determine the child’s readiness for school attendance prior to age 7.  Many children are simply not ready to attend school at age 5 or even 6. However, for those parents who wish their child to attend school, the opportunity to do so already exists under current Nevada law.
  2. Lowering the compulsory attendance age from 7 to 5 will create an undue financial burden on parents who intend to enroll their child in private school but wish to choose to wait until their child turns 7. These parents will now be forced by state law to enroll their child one or two years earlier than planned or submit paperwork to homeschool their child at age 5 even if they determine their child is not ready for school. Homeschooling parents would be required to start their children’s formal education at age 5 as well.
  3. Requiring school districts to provide prekindergarten in every elementary school usurps local control of education and will create an undue financial burden for Nevada. There are no proven studies showing prekindergarten or “preschool” programs promote long-term educational success. To the contrary, research indicates that early education does not improve a child’s potential for being a better student in the future, because early gains disappear in a few years. Further, funding for other educational services vital to current public school students will be depleted.

Forward this email onto your friends and relatives as this affects all families in NV not just homeschoolers.

If you have not already done so, go to the Nevada Legislative Opinion page and vote your opposition to this bill here.  In addition, it is vitally important that you leave a COMMENT. Your comments will be viewed by lawmakers.

Thank you for your action to preserve this vital right of parental choice in Nevada.

NHN Officers:  Elissa Wahl, Matt Alder, Kelley Radow, Ray Poole, Aaron Sutherland, & Kristi Casuas       NHN Officer Emerita (active):  Barbara Dragon                                                                                                       in cooperation with Mike Smith, President HSLDA

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AB 186 has been scheduled for a hearing in the NV Assembly Education Committee on WEDNESDAY, MARCH 22 at 3:15 pm.  Please plan to attend the hearing in Las Vegas or Carson City to register your opposition to the bill as currently written.  Click HERE for date, time, location info.

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3/10/2017 – UPDATE on our meeting with Assemblywoman Diaz re: AB 186

After meeting with the sponsor of AB 186 last week, there appears to be some confusion. Assemblywoman Olivia Diaz believes that 5 and 6 year-olds who are already ENROLLED in a public school but are not attending the school on a regular basis are being “neglected” by their parent and that an age change in the compulsory attendance law is required to “fix” the problem.

But we pointed out that under existing law parents who voluntarily enroll their 5/6 year-old child ARE already contributing to truancy of the child if they are not sending the child to the school he/she is “enrolled” in and can be dealt with the same as parents of 7-18 year-olds. If that is her only motivation for the compulsory attendance age change, no change in the law is required. We also stressed that MOST parents already think the law requires them to enroll their child in Kindergarten at age 5 or 6 anyway!

There was also some discussion that she is concerned that there are 5 and 6 year-olds who are not enrolled in a public school and may not be receiving any instruction from their parents and they then arrive “delayed” at public school. We stressed that even if that were true in some cases, the law should not be changed as it would negatively impact a parent’s right to make the determination based on the child’s “readiness” for school instead of the child’s age.  Schools (both public and private) already work with the parent and child in determining proper grade placement when the child is enrolled at any age.

Lowering the compulsory attendance age would then force all children into “education” based on their age, as determined by government, instead of their “readiness” for academics as determined by the parent.  We have asked that the bill the bill NOT be moved forward as it is currently written.
_________________________________________________

3/1/2017

                                            

Oppose Bill that Reduces Parental Control over Education

 A message from Mike Smith and Barbara Dragon

Dear HSLDA Members and Friends:
From: Mike Smith, HSLDA, in partnership with Nevada Homeschool NetworkBill: AB 186 (by Diaz)—lowers compulsory school attendance age from 7 to 5, makes kindergarten mandatory at age 5, and requires all school districts to provide prekindergarten for 4-year-olds in every public elementary school.Position: Strongly opposeStatus: Your response to AB 186 has been tremendous! Some of you have contacted your Assembly member, and 150  of you (as of 3/1/17 @ 7:00 pm) have formally registered your opposition to the bill on the Nevada Legislative Opinion page. As a result, AB 186 is in the top 10 of all bills based on the number of responses.The bill is still active and will require our continued opposition. We will probably contact you next about the bill when it is set for a hearing, likely in the Assembly Education Committee. At that time we will ask you to contact committee members and, if possible, attend the hearings in both Carson City and Las Vegas.

Action Requested

Please forward this email to anyone interested in opposing this bill. We have provided “opposition points” below to help you formulate your message. Also, if you haven’t contacted your Assembly member, please call or write, explaining your dissatisfaction. Find your legislator here. And finally, if you haven’t registered your opposition on the Nevada Legislative Opinion page, please do so at your earliest convenience.

Summary of Concern

Under current law, parents can have their child skip kindergarten and begin at the 1st grade at age 6 or 7. If AB 186 were to pass, it would eliminate this current parental option by mandating that every child attend school by age 5. This would go into effect at the beginning of the 2017-2018 school year.

Under AB 186, parents who would have decided to delay their child’s entrance into formal education and skip kindergarten would be forced to start their children’s formal education two years earlier, before they feel it is appropriate.

The requirements of AB 186 would apply to pupils in public and private schools, as well as homeschools.

Advocates of extending government control over all children from birth will be able to use passage of AB 186 as a step toward establishing seamless, cradle-to-grave government-controlled education and development programs for all children.

Opposition Points

Parents, not the state, should decide when their children are ready to attend school. The current compulsory attendance age of 7-18 more than satisfies the government’s goal of ensuring an educated populace while protecting a parent’s right to determine the child’s readiness for school attendance prior to age 7. Many children are simply not ready to attend school at age 5 or even 6. However, for those parents who wish their child to attend school, the opportunity to do so already exists under current Nevada law. The requirements of AB 186 rigidly compels school attendance based on age instead of readiness.

Lowering the compulsory attendance age from 7 to 5 will create an undue financial burden on parents who intend to enroll their child in private school but wish to choose to wait until their child turns 7. These parents will now be forced by state law to enroll their child one or two years earlier than planned or submit paperwork to homeschool their child at age 5, even if they determine their child is not ready for school. Homeschooling parents would be required to start their children’s formal education at age 5 as well.

Requiring school districts to provide prekindergarten in every elementary school usurps local control of education and will create an undue financial burden for Nevada. There are no proven studies showing kindergarten promotes long-term educational success. To the contrary, research indicates that early education does not improve a child’s potential for being a better student, because early gains disappear in a few years. Further, funding for other educational services vital to current public school students will be depleted.

Thank you for your action to preserve this vital right of parental choice in Nevada.

Mike Smith, HSLDA President
Barbara Dragon, NHN Officer

 

2/22/2017

Click here for NEW joint message from NHN and HSLDA on AB 186!  Join the growing number of people making their voices heard on this bill to lower the Compulsory Attendance age from 7 to 5.

NEW study from Stanford University backs up what NHN has long said, parents should decide “when” their child is ready for school, not a state mandate.

We appreciate your support of the work of both organizations to protect homeschooling in Nevada and at the national level as well!  How you can help:

Parents, Join NHN first and receive a discount on your HSLDA Membership.

Grandparents and Friends, donations to Nevada Homeschool Network* and HSLDA – Homeschool Freedom Fund are welcome as well.

*Note: NHN is a 501c4 organization which benefits others through our lobbying efforts. Therefore, membership fees and donations are not tax deductible.  

 

2/15/2017 – Warning:  The NV Legislature is now in session.

AB 186  will lower the Compulsory School Attendance Age in Nevada from 7 to 5 years old! 

There has been a bill in the Nevada Legislature to lower the age every session since 2007!

The bill also mandates every School District maintain a Pre-K class in every school.We say:  “Let parents decide when their child is ready!”

February 15, 2017

Dear Concerned Citizens,

By way of introduction, Nevada Homeschool Network (NHN) advocates for Nevada families who have chosen to direct the education of their children.  In this capacity, we are writing today about AB 186. Among other things, AB 186 will lower the compulsory attendance age for entry into school from 7 to 5 years of age. This requirement will apply to all children, whether their parents plan to send them to public school or private school or homeschool.

We have several concerns with AB 186 as introduced:

  • We hold that Nevada parents should decide when their child is ready to attend school, not the government. The current age of 7 gives parents that opportunity.  Many children are simply not ready at age 5 or even 6.  However, for those parents who wish their child to attend school they may already do so under current Nevada law. “Choice in Education” should include “when” as well as “where”.
  • Requiring school districts to provide Pre-Kindergarten in every elementary school usurps local control of education and will create an undue financial burden for Nevada.  There are no proven studies showing Early Childhood Education (Pre-K) benefits the long-term educational success of the child.
  • Lowering the compulsory attendance age from 7 to 5, with no exemptions for age 5 or 6, may create an undue financial burden on parents who intend to enroll their child in private school but wish to choose to wait until their child turns 7.  These parents will now be forced by state law to enroll their child a year or two earlier than planned or submit paperwork to homeschool their child even if they determine their child is not ready for school.

Article II, Section 2 of the Nevada Constitution states, “…the legislature may pass such laws as will tend to secure a general attendance of the children in each school district upon said public schools.”  The key here is, “tend to secure” a general attendance which we believe is met under current law.

Therefore, NHN requests the help of all Nevadans to STOP this intrusive surge into what should be a parent’s right to determine when their child is ready to attend school.

What YOU can do now to help!

ACTION REQUESTED:

  1. Contact your Assemblyman/woman by mail, phone or email:

Assembly Contact info: https://www.leg.state.nv.us/App/Legislator/A/Assembly/

Who’s my Legislator?  http://mapserve1.leg.state.nv.us/whoRU/

What’s my district? http://mapserve1.leg.state.nv.us/whoRU/

  1. Please explain in your own words that this bill, sponsored by Assemblywoman Diaz is: a huge burden on the Nevada taxpayer, it is not in the Governor’s budget, it will required higher taxes that Nevadan’s can’t afford, it takes away local control of education by mandating school districts to provide Pre-Kindergarten in every school, and it undermines a parent’s right to decide when their child is ready for school.
  2. Share your opinion on AB 186 on the Legislative Opinion Page.
  3. Contact NHN and let us know that you agree with us by finding us on Facebook or emailing us . We also need people to meet with Legislators with us as well as attending hearings on this bill. For information on this and other bills affecting homeschool freedom link to our website.

Frequently Asked Questions – Updated

NHN’s Frequently Asked Questions have LOTS of great answers to questions you may have regarding homeschooling in Nevada.  We work hard to keep this information current but should you ever have more questions or your particular question is not listed here be sure to email us via our Contact Page.

October 18, 2017 – Am I legally bound to file a Notification of Intent to Homeschool?  A question was posed on our NHN Facebook page, “What makes it legal to require that I notify? They’re my kids, notifying just allows the government to keep tabs on my kids!”  We disagree.  While we’d love NOT to be required to notify, Nevada has had a homeschool law on the books since 1947; it was very intrusive.  But NHN and other homeschool parents worked diligently (some for 25+ years) to reduce regulations initiated by the original law and then in 2007 wrote and got passed the NV Homeschool Freedom Bill in 2007.  We believe that under the circumstances, passage of this new law moved Nevada homeschooling from one of the WORST law/regulations in the country to one of the best laws; removing us from regulation of the NV Dept. of Education and restoring the fundamental right of parents to direct the education of their children FREE from government control. Read our complete answer here, Question 2.C.

August 20, 2017 – Question 6.A., May a homeschool child be enrolled in a public or private school after homeschooling for a time? has been updated!  The FLOW CHART for this question has also been updated.

2017: We’re always reviewing and tweaking our FAQs to give parents the most current info regarding homeschooling in Nevada.  For the upcoming 2017-18 school year we’ve answered questions about how to get started homeschooling; submitting the NOI; enrolling a child in a public school after homeschooling (we have a great “flow chart” on this topic); participating in public school classes, activities, and sports; and standardized testing for homeschoolers to name a few.  After answering these questions we go back and update the FAQs and our other pages to make sure homeschool families always have the most current information and internet links available.

2016:  Recently a question on Facebook was asked as to whether Nevada homeschoolers are eligible to receive the Millennium Scholarship… the answer is YES, they are.  However, when the mom contacted the Millennium Scholarship Office for more information she received conflicting information on what needs to be submitted with the application.  We have updated the information in our FAQs; see Section 4, the last question for current info as of June, 2016.

NOTE: New numbering of laws affecting NV Homeschooling went into effect June of 2016. The old homeschool laws NRS 392.700 and NRS 392.705 are now NRS 388D.010-070.  However, the wording contained in the homeschool laws has remained EXACTLY the same, only the legal reference numbers have changed.  

Federal funds for “school choice” – Thanks, but no thanks.

Okay Nevada Homeschool Parents… big FYI here.

  Meme courtesy of Bastiat Institute

Updates on FEDERAL “school choice” initiatives:

6/26/2017 – Homeschoolers Don’t Need Federal Help – American Spectator
6/19/2017 – Indiana Christian school at center of LGBT voucher debate – The Indy Star
6/5/2017 – Will Public Schools Survive if Blaine Amendments Don’t? – The Heartland Institute
5/23/2017 – HSLDA and DeVos talk Homeschool Freedom – report on their meeting.
5/18/2017 – Homeschool Advocates to Betsy DeVos: We Want to be Left Alone by the Federal Government
4/11/2017 – HR 610 Languishes in Committee, Will Estrada, Esq.; HSLDA Federal Relations
3/14/2017 – For the Love of Choice, Don’t Federalize It , Neal McCluskey; CATO Institute
3/2/2017 – Just Say No to “Fake” ESAs,  Jim Mason, Esq.;  HSLDA VP of Litigation and Development
2/14/2017 – 4 Ways HR 610 Will Threaten Your Rights, Will Estrada, Esq.; HSLDA Federal Relations

01/27/2017 -We knew the day would come when “government funded school choice” advocates would push their agenda to the national level to “give” us taxpayer money but in return the threat of state control of our homeschools would increase dramatically if the Feds get involved in giving “grants” to the states to fund private schools and homeschools.

Click here or read below HSLDA’s response to House Resolution 610 just introduced in the U.S. Congress.

HSLDA_Logo_Tagline_Horizontal_296x92.jpg

January 27, 2017

Dear Friend,
It has been said that there is no such thing as a free lunch. As homeschooling families know too well, government money will eventually lead to government control.
That’s why HSLDA is opposing a bill introduced by our friends in Congress, Rep. Steve King (IA) and Rep. Andy Harris (MD). Though well-intentioned, H.R. 610 is ultimately ill-advised. It calls for sending all federal education dollars to the states in the forms of federal grants so that the states can then give the money as vouchers to public, private, and homeschool students.
(Note: While Rep. Trent Franks (AZ) is also listed as a cosponsor of H.R. 610, we talked with him and his staff last night and they agree with our concerns about homeschooling families being included in H.R. 610. As a result, there is no need to contact his office, and we are deeply grateful to him for his commitment to protecting homeschool freedom from “help” by the federal government. Here is the statement Franks gave to us: “I understand the concerns of the homeschool community. My support for the bill only extends to vouchers for public school and private school students. If this bill moves forward, I would request that any language that would impose vouchers upon homeschools is taken out.”)
If the bill only applied to public schools and traditional brick-and-mortar private schools, HSLDA would take no official position on it. There is no question that many millions of children are stuck in public schools that fail to meet their needs, and school choice would be an incredible benefit to them.
But HSLDA has repeatedly told our friends on Capitol Hill that our members and many other homeschooling families know that government dollars will eventually result in government regulation. Although we are grateful for our friends on Capitol Hill, and although we know that representatives King and Harris are well-intentioned, they need to hear loud and clear from the homeschool community. Even though the vouchers created by H.R. 610 would be voluntary, we believe that this would be a slippery slope toward more federal involvement and control in homeschooling.
If you do not want federal government “help,” if you just want to be left alone, this is the time to speak up.
Dangers of H.R. 610 (click here to read a PDF version of the bill with page numbers cited below).
1. Elimination of language protecting homeschool freedom in U.S. Code: Page 2, paragraph (a) repeals in its entirety the Elementary and Secondary Education Act of 1965, which was most recently reauthorized as the Every Student Succeeds Act. While HSLDA applauds this repeal language, as we believe that the federal government has no constitutional authority to make education decisions which should be left to state and local authorities, this full repeal would also eliminateHSLDA’s language fully protecting homeschool freedom from all federal control.
2. Creation of a “federal right to homeschool:” Page 3, Sec. 104 requires states to make certain assurances in order to receive their portion of federal education dollars. One of the requirements (paragraph (2)(A) on page 3) is that states “make it lawful for parents of an eligible child to elect … to home-school their child.” While this sounds good, HSLDA has fought — successfully — for decades to make sure that there is no “federal right to homeschool” because what could be created by a favorable Congress could be regulated by a future, hostile Congress. It is far better (and far more constitutionally sound) for education decisions — and homeschool freedom — to be protected at the state level. We ask our friends at the federal level to simply leave homeschooling families alone. The Constitution protects the right of parents to direct the education and upbringing of their children, as the U.S. Supreme Court has ruled in its seminal cases of Meyer, Pierce, and Yoder. Federal legislation to “protect” homeschooling is unnecessary.
3. States would need to track homeschooling students:Numerous provisions in H.R. 610 require states to count the number of eligible students in their state. Page 4 says “The State shall distribute funds . . . based on the number of eligible children in the public schools . . . and . . . the number of eligible children . . . whose parents elect to send their child to a private school or to home-school their child.” Page 5 requires “on an annual basis” that school districts count the number of eligible students who attend public schools, and “whose parents elect—to send their child to a private school or to home-school their child.” There is only one way that states and school districts can do this: by requiring homeschooling families to register with them, and be tracked by the school district. This will be especially problematic in states that do not require homeschooling families to file a notice of intent with the local school district. H.R. 610 will require homeschooling families in all 50 states to register with the local school district. This would be just the first cost of “free government money.”
4. The government would now get to decide how much parents should spend on homeschooling: Paragraph (B) on page 6 requires that the federal education vouchers to parents who choose a homeschool “shall not exceed the cost of home-schooling the child.” Who will now decide how much it costs to homeschool a child? The government. Page 8 further requires that the federal education vouchers “be distributed in a manner so as to ensure that such payments will be used for appropriate educational expenses.” This is not defined, meaning that government officials and public schools will decide what qualifies as an appropriate educational expense. HSLDA has heard over the course of 33 years from numerous parents who have elected to teach their children at home through a government-funded virtual or correspondence school. In their experience, they found their curriculum options shrunk as each choice had to pass a government litmus test.
Call Congress Now

At this point, it is only necessary to contact these sponsors of this bill, Representatives King and Harris.

If one of these is your U.S. representative, please call or email him, and politely ask him to take homeschooling families out of the bill, including homeschooling families who are defined by their state’s education law as private school students.
Please remember that these congressmen are friends of homeschooling, and that this bill is well-intentioned, but ultimately dangerous. We encourage you to identify yourself as a homeschooling parent.  Your message can be as simple as:
“As a homeschooling parent, I oppose H.R. 610. I do not want to receive federal vouchers. Government money will ultimately lead to government control and regulation, which will stifle the success of homeschooling. I am grateful for your past support of homeschool freedom, and urge that you protect the future of homeschooling by rewriting H.R. 610 to ensure that homeschools, and homeschools defined by state laws as private schools, do not receive federal money.”
You can reach these congressmen by calling the Capitol Switchboard at 202-224-3121. If one of these members of Congress represents you, you can find his direct phone numbers and email addresses here.
If you live outside of these districts, we encourage you to take to social media to politely but firmly remind these congressmen that homeschooling families do not want federal vouchers. You can also send each congressman a letter via the United States Postal Service.
Conclusion
HSLDA opposes H.R. 610 for reasons of prudence and principle.
Once homeschools become publicly funded by the federal government, more scrutiny and more control are likely to follow. After all, homeschooling families will be spending government money, and the Congress has a keen interest in guarding the public fisc.
On principle, homeschooling has succeeded as a movement in part by being different. Unlike typical constituencies asking for our piece of the public-money pie, we have simply asked the federal government to leave us alone. This has fostered one of the most dynamic social movements of our lifetime.
The spirit of self-government at the heart of private homeschooling has led to a vibrant social network of small groups and statewide groups who depend on each other—not on the government. The homeschool movement has been a better idea because we built it ourselves.
Routinely taking federal tax dollars will enervate the movement, lead to more squabbles between families and the state, and will result in more scrutiny, oversight, and control.
Thank you for standing with us for liberty as together, we fight to keep homeschooling free.
            Will Estrada is director of HSLDA's Federal Relations.                      Mike Smith is president of HSLDA.

2017 Nevada Legislative Session has come and gone.

And thankfully homeschool freedom and a parent’s right to decide whether their child is ready for school at age 5 or wait until 6 or even 7, as allowed in law, remains intact. Homeschool parents will still submit the NOI to Homeschool to the superintendent of schools in the district where they child lives when he/she turns 7 years old (or within 10 days of withdrawing a child from a public school prior to age 7).

In addition, private, self-funded homeschooling was again protected from being included in the failed attempt to fund the NV-ESA program originally passed in 2015 but the funding mechanism for the program was found unconstitutional by the Nevada Supreme Court in 2016.

It is also important to note that in 2015 the Republicans controlled both the Senate and the Assembly as well as the Governorship.  However, due to the 2016 election results, in 2017 the Democrats controlled both the Senate and Assembly though not the Governorship.

  • AB 186 was introduced by Assemblywoman Diaz (D) early in the session.  Prior to the bill’s introduction, NHN Officers Kelley Radow, Matt Alder, and Barbara Dragon met with Assemblywoman Diaz to determine her reasoning behind seeking a revision to the compulsory attendance age from 7 to 5 and explain to her why doing so would limit the freedom of parents to make decisions to meet the needs of their child, AB 186.Compulsory Attend Age Change.NHN ltr.Diaz.2.27.2017. When the bill was introduced in the Assembly Education Committee on March 22nd, Nevada families showed up to voice their STRONG opposition to both the age change as well as question the bill requiring prekindergartens in every public school in the state, an unfunded mandate, AB 186.NHN ltr.Assm.Ed .03.21.17.
  • On April 14th the bill was amended by the Assembly Education committee to lower the compulsory school attendance age from 7 to 6 instead of 5 and created a program to fund existing “prekindergarten programs” in public schools, private schools, and private daycare.   The amended bill was given a “Do Pass” by Assembly Education and re-referred to the Assembly Ways and Means.  NHN continued to oppose the amended version, AB186.1st Reprint.NHN Position 4.26.17.  
  • Several media sources reported on the opposition to the bill which we believe helped stall the bill; see VICTORY: AB 186 Dies on the NHN website.  Thankfully, the bill was never given a hearing by Assembly Ways and Means and the bill died in committee at the end of the 2017 session.

As always, NHN worked with HSLDA to oppose this bill.  This session we issued joint statements and “Calls to Action” via email alerts and other social media outlets… Nevada homeschool parents and friends responded in great numbers.  Nevada parents made known their displeasure with this flagrant display of power against parental rights.  As Mike Smith, HSLDA President said in his wrap-up letter,This happened only because of your actions of writing letters, emails, making visits to the legislature, and your phone calls. Over 370 of you voiced your opposition to AB 186 on the Nevada Legislature opinion page. This is monumental.”

Click here for more information on events surrounding the defeat of AB 186.
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  • SB 506 was a bill introduced by Governor Brian Sandoval to “fix” the funding problem with SB 302, the ESA bill that was passed in 2015 on a straight party-line vote (all R’s for, all D’s against) but the “funding mechanism” of the bill was found to be unconstitutional by the Nevada Supreme Court in September, 2016.
  • Another bill this year, SB 359 (Hammond) that was very similar to the Governor’s bill never received a hearing and “died” in the Senate Education committee.  
  • Meanwhile SB 506 was not given a hearing in Senate Education (even though there were significant program changes to the bill in addition to the funding fix) and instead was re-referred directly to Senate Finance (remember this year, the Democrats controlled both houses).  That committee did not schedule a hearing for the bill until 7 days before the end of the session.  Further, the Democrat Leadership scheduled a joint meeting of both Senate Finance and Assembly Ways & Means at 3:00 pm on Memorial Day for 6:00 pm that evening… a true “surprise” to all involved.
  • I just happened to see an email from the Assembly Ways & Means Committee at 4:30 pm that day announcing the hearing and rushed up to the Legislature to listen.  Homeschooling, as we had worked to assure in 2015, was explicitly not included in the 2017 funding bill.  However, a surprise Conceptual Amendment to Sb506 proposed during the hearing by the Democrats included the word “homeschooling.”  
  • After 2 hours of debate by committee members, another 1 and a half hours testimony from the public “for” and “against” funding the ESA, I testified on behalf of NHN as “neutral” on the bill explaining that homeschoolers did not want money from the government that came with “strings” attached and that the term “homeschooling” should not be referenced since technically a parent using ESA funds to provide a “home based” education was not legally “homeschooling” but instead would be accountable to the state under the ESA program.  Simply stated, based on the Homeschool Freedom Bill passed unanimously in both the NV Senate and Assembly in 2007… homeschoolers prefer their right to educate their children free government controls.
  • According to press reports detailed here, SB 506 was doomed to failure.  The Democratic controlled Legislature did not reach agreement on funding the bill.  However, a one-time “donation” was made to the Governor’s other “school choice” program, Opportunity Scholarships for low-income children to attend Nevada private schools.  The constitutional portion of the ESA program remains in statute though no funding will go to anyone for at least two years when the legislature next convenes… stay tuned.

Click here for ongoing updates and information on events surrounding the NV-ESA and here for info on Federal involvement in the “government funded school choice” movement.

~BarbaraDragon
NHN Officer Emerita (active)

A Long Road to NV Homeschool Freedom; 1947-Present

Never forget the HARD road traveled to NV homeschool  freedom!

Here it is, 2017 and I’m sitting in a meeting of the Nevada Assembly Education Committee listening to the introduction of AB 186, a bill to lower the compulsory school attendance age from 7 to 5, mandate Kindergarten for ALL Nevada children, and force all NV Public Schools to offer PreKindergarten.  As NV homeschool parents showed up and testified against the bill because of the threat to their right to decide “when” their child is ready for school it became increasingly clear that current Legislators on both sides of the aisle have NO IDEA what is currently in NV law regarding homeschooling and the justification behind the current freedom of NV Homeschooling.

I began to wonder, perhaps even homeschool parents today really don’t know the torturous history of our homeschool law and the over-burdensome regulations Nevada homeschool parents endured.  In response to a Legislator’s question of how homeschooling in Nevada got to where it is today I wrote this timeline to explain how burdensome homeschool regulations were back in the day and how parents across the state worked together over 25 years to give parents the FREEDOM they enjoy to direct the education of their children without government controls!

~Barbara Dragon, NHN Officer Emerita

So, here goes…

1947, amended 1956 – 1st  “homeschool law” in the nation.

The 1947 Nevada compulsory attendance law  compelled all children in Nevada between the ages of 7 and 18 to attend a Nevada public school.  However, the law also allowed parents to enroll the child in private school or provide education in the home when “equivalent instruction” is approved by the State Board of Education (SBOE) or until the child turns age 14.

  • The law was amended in 1956; see page 11 of Homeschooling; The Original Option It took 60 years for homeschool parents to gain independence from the public school system.  Many thanks to Frank Schnorbus, our NV homeschool history expert for his exhaustive research on homeschooling law in Nevada in preparing for passage of SB 404 in 2007.
  • And interestingly in a 2016 Nevada Supreme Court ruling on the NV-ESA program passed during the 2015 Legislative Session the court found that delegates to Nevada State Constitutional Convention of 1864 discussed the education of Nevada children in depth, “And although the debates surrounding the enactment of Article 11 reveal that the delegates discussed the establishment of a system of public education and its funding, they also noted the importance of parental freedom over the education of their children, rejected the notion of making public school attendance compulsory, and acknowledged the need to vest the Legislature with discretion over education into the future.” (Page 19) [Emphasis added]

1982 – Two mothers “applied” to homeschool in Winnemucca, NV

One mother was approved because she was a Nevada certified teacher, the other mother was denied because she was not a certified teacher and the family lived within 50 miles of a local public school.  That mother and father filed a lawsuit and lost.

The reason?

The district court judge ruled on Nov. 11, 1982 in Wallace v. Humboldt  County School District (pages 85-94) that because the NV State Board of Education (NV-SBOE) had never written regulations for the law in existence at the time, nor did the family live outside the 50 mile radius of a public school, there was no basis on which to rule in their favor.  That same judge went further and stated in his ruling  that he objected to the concept of homeschooling and he “recommended” several requirements if it were to be allowed:

  • proof of “equivalent instruction” to the public school,
  • “where and how education materials are presented” (kind and amount), and
  • “controls” or “qualifications to teach” on the parent administering the education such as the use of diagnostic testing of the parent as determined by the local school board (teacher certification).

1983 – Parents seek change to allow parents to homeschool their children without government approval.

However, the Department of Education testified before the Legislature that they were writing regulations based on the judge’s ruling for approval by the NV-SBOE.  The Legislature refused to move the bill forward to allow the SBOE time to “regulate” homeschooling via the Nevada Administrative Code (NAC).  The NV-SBOE not only approved regulations following the judge’s recommendations, they added many additional conditions which turned Nevada into one of the most “over-regulated” homeschool states in the nation.*

The NV-SBOE continued to ADD to the regulations over the next 5 years.  By 1990 regulations included, in part:

  • annual notification of intent to homeschool along with education plans,
  • “approval” of the homeschool by the local school board,
  • birth certificates and photos of the child had to be submitted by the parent and a “cum folder” established for the child by the school district,
  • first-time homeschoolers had to work under the oversight of a NV certified teacher for one year,
  • children had to be tested annually AT the local public school (not in their home where they were taught),
  • remediation of the child if minimum scores not attained by the child on the annual state test,
  • minimum number of days and minutes of teaching time equal to the public school were required.

The list went on and on creating a burdensome and time-consuming process for both the parent and the local school district. But at least parents were “allowed” to homeschool.

1983 Proposed H.S.regs. ; 1984 Homeschool NACs 7.31.841988 Homeschool Regulations

1988-1996 –  Homeschool parents throughout Nevada work together to oppose the more onerous regulations.

1988 – Silver State Education Association (SSEA) – President Mark Forrest is formed by parents from Northern Nevada Home Schools, Inc – NNHS (1984) reaching out to homeschool families in Southern and Eastern Nevada to combat over-burdensome regulations approved by the NV-SBOE.  NNHS and SSEA also partnered with Home School Legal Defense Association (HSLDA), (J. Michael Smith, Esq.) a national organization dedicated to the defense of homeschool freedom.  Over the next 10 years, SSEA was successful in slowly repealing over-burdensome regulations, almost one at a time.

1991 – So many parents showed up to a NV-SBOE meeting opposing over-regulation prompting the Superintendent of Public Instruction to say, “You parents might be allowed to homeschool but we WILL control you!”  The board, at that same meeting, established the “Northern and Southern Nevada Home School Advisory Councils to the SBOE” and attempted to use the confines of these advisory committees to control parent’s attempts to modify regulations.  One example of this control was that only the Presidents of each council were allowed to speak at SBOE meetings regarding homeschool regulations, thereby limiting the rights of the people to address their grievances.  Another was that a SBOE member and a DOE Administrator were assigned to the committees, these government agents disrupted efforts to improve the regulations at every turn.  But parents kept up the fight and SLOWLY got the regulations reduced, one at at time.  1992 NAC 392.011 to 392.055

1994 – a significant event occurred at the federal level that resulted in a greater public awareness of homeschooling.  HR 6 was introduced in the US Congress and would have essentially eliminated a parent’s right to educate their own child across the country.  NV homeschool parents joined over 20 thousand homeschool parents across the country in nearly shutting down the Capitol Switchboard in Washington, D.C., over multiple days, with telephone calls opposing HR 6.  After days of lobbying, the bill was amended to protect the right of parents to educate their own child.  It was quite a victory!  Read this perspective from a homeschooled student, now a homeschool speaker, author, and dad – HR-6: A Dead Giant or a Living Lesson (1994) 

 

1996 – NV homeschool parents, unified under SSEA (President Stephen Balkenbush, Esq.) and in partnership with HSLDA (J. Michael Smith, Esq.), worked through the Advisory Councils to meet the ultimate goal of eliminating the annual state-mandated testing requirement as discrimination against homeschooled children and not authorized by NRS 392.070, the homeschool statute.  Elimination of the annual testing requirement allowed parents to devise and execute an individual education plan suitable to the academic needs of their child.  SSEA disbanded in 1998 as leaders moved on to other things.  1997 R109-97 NAC 392 Adopted-1997

1997-2002 –  Regulations are tweaked in ’99 and ’02 

However, the regulations were still “more restrictive” than allowed in law simply because the NV-SBOE believed they were authorized to “regulate” homeschooling no matter what the law actually said.  Further all 17 school districts wrote varying policies regarding homeschooling.  Local homeschool support groups stayed active by sending reps to the Northern and Southern Homeschool Advisory Councils that continued to meet quarterly addressing error-laden policies of local school districts attempting to add to the regulatory burden on homeschooling.

Through these years Frank Schnorbus (Northern Nevada Home School Advisory Council – President), Kime King-Patraw (Southern Nevada Home School Advisory Council – President), and Barbara Dragon (NNHSAC – member) worked diligently to build relationship with NV Dept. of Education personnel and members of the NV State Board of Education.  Gradually, ambassadors for the strength of homeschooling as an excellent Education Option in Nevada were able to convince government officials that parents truly can be their children’s best teachers.
1999 R038-99 NAC 392 Adopted – 11.3.992002 R018-02Adopted.effective 5.29.02

More “wins” for NV Homeschool parents:

1999 – Homeschool students may participate in public school classes/activities.

AB 348  was co-sponsored by a large bi-partisan group of Legislators to establish charter schools in Nevada.  The bill also authorized homeschool students to participate in public school classes and extra-curricular activities.  The bill passed and was signed into law by Governor Guinn (R).  Homeschooled students submit a Notification of Intent to Participate in Programs and Activities (NOIPPA) when seeking to take a class or participate in an extra-curricular activity, they are not “enrolled” in the public school.

2002 – New statewide homeschool organization formed

Nevada Homeschoool Network (NHN) is co-founded by Elissa Wahl and Frank Schnorbus and other homeschool parents  statewide to continue the battle for homeschool freedom in our state in unison with other local and regional homeschool organizations.  The first item of business was to propose and rewrite the NV homeschool regulations (NAC) to better reflect the intent of the existing statute, NRS 392.070.

2003 – Changes enacted by the State Board of Education and the NV Legislature

  • New regulations proposed and approved.  NHN and the Northern (Frank Schnorbus, President) and Southern (Kime King-Patraw, President) Nevada Home School Advisory Councils were invited by the Vice-President of the NV State Board of Education, Gary Waters, to offer the “least restrictive” regulations possible under existing law to the SBOE and those would be passed.  With the assistance of HSLDA (Scott Sommerville, Esq.) new regulations were proposed in February of 2003 and approved in October. 2003.c R009-03Adopted.effective 10.30.03
HSLDA has archived the details of this effort and subsequent events to the present.*
Details are also available from the NHN Webmaster on an older version of the NHN website.**
  • SB 503 authorized homeschool students to “participate” in NIAA sports programs in the public schools.  The bill, introduced by the Senate Committee on Finance, passed and was signed into by Governor Kenny Guinn (R).  Again, homeschool students submit a NOIPPA to the local school, they are not “enrolled” in the public school when participating in classes, activities, or sports.  The bill also established a definition of homeschooling: “Homeschooled child” means a child who receives instruction at home and who is exempt from compulsory attendance pursuant to NRS 392.070.”

2005 – Change continues – Freedom is coming

  • February, 2005 – A homeschool study was commissioned by NHN through Nevada Policy Research Institute (NPRI) impacting state and national education policies.  Homeschooling in Nevada: The Budgetary Impact says that public school educators should look at home and private school students as assets, not as liabilities. Because of these students, note authors John T. Wenders and Andrea D. Clements, Nevada school districts realize a net gain of between $25.9 and $42.7 million annually. (This research was upheld in 2017 showing that home and private school families save the nation 22 Billion dollars a year, How Much Money Each State Saves Thanks to Homeschooling.)
  • SB 367 – Revises provisions governing education of suspended and expelled pupils.  This bill changed the law that forced the parents of certain children kicked out of their public school to homeschool those children. That was a recipe for disaster; parents who had already lost control of their children having to take on the added responsibility of providing the child with an education. But NHN was able to refocus the law onto independent study programs, distance education programs, and the new charter schools that were emerging. The public school system saw homeschooling as a dumping ground, being able to rid themselves of difficult children, while saddling homeschooling with non-academic and often violent students.  NHN will continue
    to advocate against the use of homeschooling for such political and bureaucratic reasons.
  • June 17, 2005 – Governor Kenny Guinn signed a bill that among other things, requires all social workers to be trained in their duty to protect an individual’s constitutional and statutory rights during an investigation.  They must inform you of the allegations against you during an investigation.  The original bill, SB 402 passed the Senate but did not get a hearing in the Assembly committee.  However, NHN and HSLDA learned It’s Not Over Til It’s Over!
  • October 31, 2005 – Additional amendments to the NAC were requested by NHN through the Advisory Councils in April of 2004 and finally approved in 2005… that is just another example of how slowly the regulatory process works and why homeschool parents  continue to push for full autonomy from government control of the education of their children.  Among other things, the new regulations restricted the NV-SBOE from writing over-restrictive regulations and local school districts from writing more restrictive policies than allowed by the NRS that NV homeschoolers had had to live under since 1983. NAC 392 adopted October 2005

2007 –  The Homeschool Freedom Bill is introduced in the NV State Legislature 

  • SB 404,  sponsored by State Senator Maurice Washington (R), was a bill to “codify” existing regulations. Former Assemblywoman Sharron Angle (R) had requested a Bill Draft Request (BDR) for “homeschooling” in 2006 before she left office and Senator Washington agreed to be the sponsor of the bill in 2007.
  • Frank Schnorbus and Barbara Dragon co-authored the bill, with legal counsel from HSLDA (Christopher J. Klicka Esq.).  The bill came out of the NV Legislative Counsel Bureau exactly as we wrote it, a major accomplishment in and of itself, and a testament to the YEARS of experience we had in rewriting regulations and getting those approved.
  • NHN spearheaded the lobbying efforts to get the bill passed. We were able to meet with all Senate Health & Human Services committee members as well as Assembly Education committee members prior to the bill being heard in each house which was a crucial aspect of our lobbying efforts.  NHN and HSLDA also worked to communicate with Nevada homeschool parents who helped by making phone calls and sending letters and emails expressing support for SB 404.
  • One other major factor in moving the bill through the Legislature was that the Superintendent of Public Instruction Dr. Keith Rheault, was supportive of the bill.  NHN had worked with Dr. Rheault for years advocating for homeschool freedom.  In addition, then Assemblyman Mo Denis (D) was very helpful in ushering the bill through the NV Assembly.  
  • SB 404 unanimously passed both the NV Senate and Assembly and was signed into law by Governor Jim Gibbons (R) on June 14, 2007. 

  • During the Legislative bill process, NHN produced Answers to Good Questions to explain to Legislators why we had requested SB 404. Basically, the new law moved “homeschooling” out from under the oversight of NV-SBOE and gave parents the right to direct the education of their child based on the age and skill level of the child as determined by the parent.
  • By signing the Notification of Intent to Homeschool parents take FULL RESPONSIBILITY (including financial) to provide education of their child. Education neglect laws do apply to protect the interests of the child.  However, to date there has never been an accusation of education neglect against a parent in Nevada who has filed an NOI to Homeschool.
  • Nevada Administrative Codes NAC 392.011 to 392.065 are rescinded, homeschoolers are no longer under the over-sight of the NV State Board of Education.

SB 404 PASSED Highlights

L to R:  Kelley Millard-Radow (NHN), Tina Goodman, Frank Schnorbus (NHN), Barbara Dragon (NHN), Governor Gibbons,  Assemblywoman Sharron Angle, Carl Lucas (NHN), Kime King-Patraw, Irene Rushing.   Not pictured:  Elissa Wahl (NHN), Laura Seigal (NHN), Lynn Chapman, Marita Sanders

Nevada homeschool parents have worked hard to not only educate their children well but to defend their right to do so.  Many parent groups have been formed throughout the state, beginning in 1983, always advancing the cause of homeschool freedom.

NHN was founded in 2002 as a “statewide organization” by parents living in both the north and the south to work together to protect the fundamental right of parents to direct the education of their children via homeschooling.  Elissa Wahl and Frank Schnorbus were two of the original founding members of NHN who dedicated their time, effort, and resources to the success of the organization. Over the last 30 years Nevada parents have also worked hand in hand with HSLDA to advocate for parents who are doing a GOOD job educating their own children, without “help” or oversight from the government.

In hindsight, it is now interesting to compare and contrast the 1947 law and the skirmishes that ensued 1983-2007 with the following statement from a Nevada Supreme Court ruling in Schwarz v. Lopez, Pages 19-20  (2016 – regarding the NV-ESA bill, SB 302) reflecting the mindset of the writers of the NV Constitution in 1864 with regards to parental rights:

  • “And although the debates surrounding the enactment of Article 11 reveal that the delegates discussed the establishment of a system of public education and its funding, they also noted the importance of parental freedom over the education of their children, rejected the notion of making public school attendance compulsory, and acknowledged the need to vest the Legislature with discretion over education into the future. See Debates & Proceedings of the Nevada State Constitutional Convention of 1864, at 565-77 (Andrew J. Marsh off. rep., 1866); see also Thomas W. Stewart & Brittany Walker, Nevada’s Education Savings Accounts: A Constitutional Analysis (2016) (Nevada Supreme Court Summaries), http://scholars.law.unlv.eduffivscs/950, at 12-15 (discussing the history of Nevada Constitution Article 11, Section 2).”

There are SO many details I could add to this timeline… as well as the names of ALL the parents who participated in the process over the years.  But the list is long and I may forget someone!  If you were one of those parents we want to say THANK YOU for all you did to ensure that future generations would not suffer the intolerable regulations of days gone by.  And to all you parents just starting on your homeschool journey, WELCOME… you will succeed because you care!

 

________________________________________________________

The road to education liberty for NV homeschoolers was long… but we must remain vigilant to maintain our freedom. To that end NHN keeps on working:

2008 – Governor Jim Gibbons signs the first Proclamation of the Governor declaring March 30th-April 5th as “Home Education Awareness Week.”

2009 – Governor Gibbons signs the second Proclamation of Governor, again declaring March 30th-April 5th as “Home Education Awareness Week.”

2009 – Legislative Session:  After a time consuming 2007 session we were hopeful 2009 would be easier… not so much.

We’re now in “defense” of any attempted changes to the new Homeschool Freedom Law. During the session NHN tracked over 2 dozen bills pertaining to “education, the family, and/or children.   We focused on defeating SB292 – Child’s “Best Interests” Attorney bill and SB378 – Early Childhood Education creating a state approved prekindergarten curriculum.

  • SB 292 (Care – D) died in the Assembly and although SB 378 (Senate Health & Education Committee, D controlled) passed both houses, NHN lobbied Governor Jim Gibbons (R) to veto the bill which he did on 5/28/2009.  Of note in the Governor’s Veto Message of SB 378 are the following statements,
    • “Early childhood education is critical for mental and emotional development and school preparedness. However, this is an area that has traditionally been left to parents.” (emphasis added)
    • “Requiring all state-funded preschools to follow this set curriculum would also restrict parental choice. It would allow wealthy parents to make free choices about their young child’s education but force those of less means into a program dictated by the state.  This establishes unequal access to educational choices for parents of varying income levels.” 

In future sessions Nevada parents will see Legislators repeatedly attempt to thwart parental choice which Governor Gibbons astutely warned against.

NHN 2009 Legislative Wrap-up

NHN Officers: Frank Schnorbus (Minden), Chair  ·  Barbara Dragon (Gardnerville), Treasurer  ·  Elissa Wahl (Las Vegas), Secretary · Carl Lucas (Lovelock) · Laura Siegal (Las Vegas) · Kelley Millard-Radow (Reno) · Missy Pique (Fallon)

2011 – Sometimes “quiet” is nice.  

In order to introduce new and returning Legislators to homeschooling and our efforts to achieve homeschool freedom, NHN drafted a Letter of Introduction that we delivered to all legislators.  Two bills did affect homeschooling in a round about way and were easily amended to protect parents and children.

  • AB 171 (Benitez-Thompson, Smith – D; Denis, Kihuen – D) regarding charter schools but also would have changed our homeschool law to require homeschool parents to notify the local school district if they enrolled their child in an online public charter school.  But the DOE agreed to our request to have the charter school notify the school district if a formerly homeschooled child was enrolled to avoid “another step” for the parent.
  • AB 138 (Committee on Education – D controlled) was a bill “governing pupils” that deleted some “parent/child rights” language.  On HSLDA’s recommendation we requested an amendment to leave the language they were trying to delete.  Two of the three statutes we requested to leave on the books were not deleted per our request, one was.

 2011 Legislative Session Wrap-up

  • NHN Officers: Frank Schnorbus, Chair; Barbara Dragon, Treasurer; Elissa Wahl, Secretary; Laura Siegal,member; Kelley Millard-Radow

2013 – NHN joined with ParentalRights.org to introduce the “Fundamental Parental Rights” bill.  

We asked Senate Majority Leader Mo Denis (D) to sponsor SB 314 to secure fundamental parental rights for all parents in Nevada.  The bill codified court case president, acknowledging that parents have a “fundamental” right to direct the  health, education, and welfare of their children.  NHN Chairman, Frank Schnorbus wrote the information pamphlet:

The Right of Parents to Raise Their Child (and conversely the right of the child to be raised by his/her parent)

explaining the need for such in a law in Nevada.  ParentalRights.org attorneys Michael Farris, Esq. and Scott Woodruff, Esq. were instrumental during our lobbying efforts.  Mr. Woodruff’s oral and written testimony were vital to passage and explained the reason Nevada needed

Fundamental Parental Rights 

legislation.  The bill passed both the Nevada Senate and Assembly and was signed into law on 6/15/2013 by Governor Brian Sandoval (R).

Two other bills that threatened the very fundamental parental rights we were fighting for with SB 314 were successfully defeated this session.

  • AB 203 (Livermore – R) was a “grandparents visitation”  bill that would have threatened the rights of an “intact” family to determine who their children should associate with.  Existing law already allows grandparents to sue for visitation in cases where parents are divorced on one is deceased however, this bill sought allow grandparents to sue parents for visitation of their grandchildren even if the child’s parents choose not to allow visitation.  NHN argued that asking the state to usurp the parent-child relationship and decision making by granting legal recourse to the grandparents would be a violation of current court decisions uphold fundamental parental rights.  Legislators agreed and the bill “died in committee.”  Similar bills had been requested over previous sessions dating back to 2001 and all have met similar fates.
  • SB 182 (Smith – D) sought to lower the compulsory school attendance age from 7 to 5 as well as mandate that “All-Day Kindergarten” be provided in every public school and that all 5 year olds attend (or enroll in a private school or homeschool).  NHN opposed the bill and later offered an amendment request to maintain a parent’s right to decide when the child was ready to attend school up to the age of seven.  Senator Smith did amend the bill though not as we originally requested.  However, in the end due to the “unfunded mandate” on local school districts regarding all-day kindergarten, this bill also died in committee.

It should be noted and remembered, that similar bills to these two have been requested over previous sessions dating back to 2001 (grandparents visitation) and 2007 (lowering the compulsory attendance age) and more than likely will be seen again.  HSLDA (J. Michael Smith, Esq.) partnered with NHN to defeat both these bills.

  • SB 445 (Education on behalf of the Governor) was a very innovative program that would have allowed businesses,financial institutions and others who pay an excise tax to make a donation to a scholarship organization to grant scholarships to children living in low-income families to attend private schools or an “accredited program of homeschool study.”  However, NHN was concerned with language that would have negated the freedom of these families to direct the education of their children currently provided under the Nevada homeschool law and return them to being “approved” by the local school district.  NHN provided an amendment to the bill to “fix” the problem but the Governor’s office refused to accept our suggestion.  On the day of the hearing for the bill, NHN had to begrudgingly oppose the bill.  The bill died in committee.

2013 Legislative Session Wrap-up

  • NHN Officers:  Frank Schnorbus, Chair (Minden); Elissa Wahl, Vice-Chair (Las Vegas); Barbara Dragon, Treasurer (Gardnerville); Kelley Millard Radow, Officer (Reno); Laura Siegal, Officer (Las Vegas); Ray Poole, Secretary (Gardnerville)

2015 – A session like no other to date!  

As always we hope that each session brings no threat to homeschool freedom, but this was not to be one of those, there seemed to be a fire everywhere we turned.  And the threat came from those we traditionally consider “our friends.”  For the first time since 1929, the Republicans controlled the State Senate and the Assembly!  A Republican was Governor as well.

By late 2014 we began to smell trouble in River City… not Iowa, but rather Carson City, NV.  Nevada Policy Research Institute (NPRI) began touting a “government funded school choice” idea that would quietly make its way to passage in 2015 as a political tool to convince Republican lawmakers to vote for the largest tax increase in the history of Nevada (the Commerce Tax).  In fact, the Commerce Tax, written by Governor Sandoval (R), was exactly the same as the teacher’s union backed Margins Tax the voters of Nevada had rejected at the voting booth in 2014.  But I digress…

Having attended NPRI events in Reno and Las Vegas in November/December 2014, Barbara Dragon and Elissa Wahl spoke at these events against government funding of homeschooling due to the burdensome “strings” that would be attached with tax-payer funding.  In January, 2015 prior to the start of the Legislative Session NHN posted the following position statement, Alternative Education Funding Programs.  

  •  SB 302 – (Hammond – R) The Educational Savings Account (ESA) bill made a surprise appearance on Friday, April 3rd (Good Friday!). The bill was scheduled for hearing on the of the deadline for bills to be heard in their first committee (if not heard they die). It was a “surprise” because the original bill was nearly totally rewritten by the sponsor of the bill, Senator Hammond, and national “school choice” advocates, The Friedman Foundation (now Ed Choice) just prior to the meeting.
    • NHN Officers had gone on record with Senator Hammond requesting that he protect HOMESCHOOL FREEDOM. However, although NHN Officers had been in constant contact with Senator Hammond on other bills, he never informed us of the intent to use the homeschool law as a “vehicle” for students to receive tax-payer funding from the state and the “controls” that go with it. Thankfully, Elissa Wahl was in attendance the day of the hearing and “opposed” the bill as written.
    • NHN was able to work with Senator Hammond and by Monday, April 6th we submitted an amendment to protect those parents who DO NOT wish to receive money from the state. Further, the bill was amended  to clearly state that a “homeschooled child” not an “opt-in child” who receives funding through the ESA program.  Details of what happened can be found here, Homeschooling vs ESA Grant.  In the end “homeschool freedom” was protected and kept separate from “government funded school choice” but as always, that freedom came with a lot of blood, sweat, and tears.

 Click here for continuing updates on ESA program.   For more information on the impact of ESAs on homeschooling follow our blog; ESAs: Public-funded ED Choice vs. Self-funded Education Liberty

Other bills of addressed by NHN in 2015:

  • SB 25  – This bill was submitted by the Department of Education as a “house keeping” bill. However, section 2 of the bill was very concerning to NHN as it would give the Superintendent of Public Instruction (SPI) authority to “Coordinate educational programs for children from birth through prekindergarten.”  NHN testified against Section 2 of SB 25 at the hearing and submitted this letter to Senate Education.  Other parent groups also opposed this intrusion on parental rights and the DOE withdrew Section 2 of SB 25 from the bill. A win!
  • SB 228 – (Gustavson – R) Student Right to Privacy bill.  NHN supported this bill.  Since this bill would protect ALL Nevada parents and their children whether enrolled in a public, private, or home school; Barbara Dragon, Elissa Wahl, Frank Schnorbus, Kelley Radow, and Ray Poole, Legislative Liaisons for ParentalRights.org, lobbied in support of SB 228: WHY DO WE NEED SB 228?
    • Will Estrada, Federal Relations Director for HSLDA also provided testimony on SB 228.
    • However, the Senate Education Committee Chairwoman, Senator Becky Harris (R) was not willing to bring the bill for a vote and instead [at the request of Senator Gustavson (R) and Senator Mo Denis (D)] agreed to amend two protective sentences from the bill into another “student privacy bill”.  A sentence declaring that a student’s personally identifiable information and data “belongs” to the student was amended into SB 463 (letter in support of SB 463 – 5.1.15).  SB 463 (Senate Education Committee – R controlled) was passed by the full Senate. However, the protective language from SB 228 was DELETED by amendment (letter in opposition to the SB 463 amendments – 5.15.15) by the Republican controlled Assembly Education Committee as was other protective language in the bill.  A very watered down version of SB 463 was passed by the Assembly and “concurred with” by the Senate. A loss.
  • AB 221 – (Kirner – R) This bill did not affect homeschooling but was a “companion” bill to SB 463 mentioned above. The bill was intended to protect public school student information and data collected by the public school, the school district and the Department of Education but in reality was only a “sunshine bill”; meaning the DOE and local school districts must tell parents what info/data is being collected on their child and allow for “corrections” to the information/data to be made, as requested by the parent or student over the age of 18. ParentalRights.org/Nevada opposed AB 221 and submitted this letter to the Assembly Education Committee – 3.23.15 Here again, there were many amendments in both houses to this bill before it was eventually passed and signed into law by the Governor.
  •  SB 126 – (Senate Education – R controlled)  NHN opposed language calling for “regulation and evaluation” of “any early childhood education and prekindergarten programs at both private and public schools”. NHN also opposed language in the bill allowing public school officials to “conduct a survey AT THE HOME of child whose primary language is not English”. In both cases the problematic language was removed by amendment. However, the amended bill was never brought for a vote and “died” in committee. Another win!
  • SB 117 – (Health & Human Services – R controlled) A bill adding two new vaccinations required for “school enrollment” also died in committee. NHN did not take a position on this bill but did notify homeschool parents and friends of homeschooling that this bill was being considered.

The passage of SB 302 (ESA) and AB 165 (Choice Scholarship Program)  created new numbering within the Nevada Revised Statutes for “Alternative School Choices” encompassing:

  • Homeschooling (parent funded/directed education)  NRS 388D.010-070
  • ESA Opt-in child (government funded/controlled education) – NRS 388D.100-140
  • Educations services for children employed in the entertainment industry (government or employer paid tutoring services) – NRS 388D.200
  • NV Educational Choice Scholarship Program (donation based for qualified low-income children to pay private school tuition) – NRS 388D.250-280

2015 Legislative Wrap-up

  • NHN Officers:  Frank Schnorbus, Chairman; Elissa Wahl, Vice-Chair;  Barbara Dragon, Treasurer; D. Raymond Poole, Secretary; Kelley Millard Radow, Officer; Aaron Sutherland, Officer; Matt Alder, Officer

2016 – NV Supreme Court rules on lawsuits against the ESA

In late 2015 two lawsuits were filed to stop implementation of the NV ESA program established by SB 302.  The decision handed down by the NV Supreme Court on September 29, 2016 in Schwartz v. Lopez revealed some noteworthy comments with regards to the rights of parents in making decisions regarding their children’s education.  The court found that delegates to Nevada State Constitutional Convention of 1864 discussed the education of Nevada children in depth, “And although the debates surrounding the enactment of Article 11 reveal that the delegates discussed the establishment of a system of public education and its funding, they also noted the importance of parental freedom over the education of their children, rejected the notion of making public school attendance compulsory, and acknowledged the need to vest the Legislature with discretion over education into the future.” (Page 19) [Emphasis added]

In addition to referencing original documents from the 1864 Constitutional Convention, the court also references a Nevada Supreme Court Summary,  Nevada’s Education Savings Accounts – A Constitutional Analysis by Thomas W. Stewart and Brittany Walker.   Comments relative to parental choice and control of their children’s education are highlighted on pages 12-15. This discussion may be of great importance to parents choosing to homeschool their children should the Nevada Legislature attempt to infringe on the right of parents to direct the upbringing and education of their children.

 

2017 –  Government always says they know what is best for children.  FALSE.

That was the theme of at least one bill during this year’s session.

  • AB 186 – (Diaz) proposed (yet again!) to lower the compulsory attendance age from 7 to 5, mandate Kindergarten attendance, and force public schools to offer prekindergarten with no additional funding. NHN Officers met with Assemblywoman Diaz early in the session to express our concerns for taking the responsibility of parents to decide when their child is ready for school out of their hands.  But she decided to move ahead with her bill because she believes that although homeschool parents are competent to decide, other parents are not and she’s “protecting children.”  NHN and HSLDA joined forces to defeat this piece of legislation.  Thankfully, the bill languished in the Assembly Ways & Means committee for lack of funding and died in committee.
  • SB 506 (Senate Education for Governor Sandoval) – This was a “funding” bill for the ESA program that passed in 2015 but that the NV Supreme Court declared unconstitutional and placed an injunction on the program until the funding mechanism was corrected.  To correct the problem, the Governor proposed to fund the program with $60 million from the state’s general fund (not the Distributive School Account).  However, the now Democratic controlled Legislature chose to to ignore the bill and it too died in committee.  NHN watched the bill closely to ensure that “homeschooling” was not written back into the program limiting the rights of self-funding homeschool parents.

2017 Legislative Session Wrap-up

  • NHN Officers: Elissa Wahl (Las Vegas), NHN Chair; Matt Alder (Reno), NHN Vice-Chair; Kelley Millard-Radow (Reno), Treasurer; D. Raymond Poole (Gardnerville), Secretary; Aaron Sutherland (Reno), Officer; Kristi Casaus (Reno), Officer ~ Advisory:  Barbara Dragon, Officer Emerita-2016 – Legislative Liaison (active); Frank Schnorbus, NHN Chair Emeritus 2017

2018 –  Tracking Events in Other State Legislatures

This year saw the report of a single HORRIFIC case of child abuse perpetrated by “homeschool” parents in California.  As result of this one outlier case, there was an attempt in several states to increase regulations on homeschool whose Legislatures were in session.  Even in Nevada there was an “opinion” piece published in the Reno Gazette Journal calling for MORE restrictive homeschool regulations in Nevada.  But as an organization we advocate for the right of parents to educate their own children as they see fit and responded with a NHN Position Statement and tracked all the legislation in other states to their DEFEAT.

  • NHN Officers: Elissa Wahl (Las Vegas), Chair; Matt Alder (Reno), Vice-Chair/Treasurer; Kelley Millard-Radow (Reno), Secretary;  D. Raymond Poole (Gardnerville); Aaron Sutherland (Reno), Officer; Kristi Casaus (Reno), Officer; Maureen Ford (Reno), Provisional  ~  Advisory: Barbara Dragon, Officer Emerita-2016; Frank Schnorbus, NHN Chair Emeritus 2017

2019 – A nice quiet year at the Legislature for NHN and NV homeschool families!

2019 Legislative Session Wrap-up

  • NHN Officers: Elissa Wahl (Las Vegas), Chair; Matt Alder (Reno), Vice-Chair/Treasurer; Kelley Millard-Radow (Reno), Secretary;  D. Raymond Poole (Gardnerville); Aaron Sutherland (Reno), Officer; Kristi Casaus (Reno), Officer; Maureen Ford (Reno), Provisional  ~  Advisory: Barbara Dragon, Officer Emerita-2016

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In even years NHN is not idle.  During “off years” we are continually advocating for homeschool freedom and parental rights; addressing issues raised by parents, educators, school districts, politicians, public policy groups, government bureaucrats, journalists… the list goes on and on; and helping families new homeschooling to get started.

We invite any interested homeschool parent to join our team.  Potential Officers spend a year on our email loop “learning the ropes” so you’ll be well equipped before becoming a voting member. Please contact us via our email contact page if interested, we’d love to have you!

*HSLDA has an archived history of Nevada homeschool freedom events, 2002-present.

** Contact the NHN Webmaster for 2002-2008 history from an older version of the NHN website.

Info-Graphic:  The History of Home Schooling in America

 

NEW Chart shows “Who’s In Charge?”

We’ve updated our chart showing  Who’s In Charge? of the child’s education depending on how the parent chooses to meet Nevada’s compulsory attendance law, NRS 392.040 & 392.070.  This new chart includes the ESA “Opt-in Child” as well as, public school, charter school, and traditional private school enrollment.

The new “ESA Grant Program” for public school children was adopted in June, 2015.  The program is currently “on hold” while two lawsuits filed against SB 302 work their way through the NV court system.

Funding and control of the education provided turanabol are the core issues dealt with in the chart progressing from the most government control to the least.  We hope this provides a clear understanding of the differences between private homeschooling, private school enrollment, and government controlled “school choice” options.

In addition, we updated our pictorial chart Education Options in NV explaining the differences between self-funded homeschooling and government-funded home based education options (Online Charters Schools & ESA Opt-in Child).

Homeschooling vs. Home Based Education

NHN has written several Position Papers explaining the differences between self-funded, parent-directed “homeschooling” and government funded “school choice” options available to Nevada parents.

While NHN supports the right of ALL parents to choose the best educational option for their children whether that is public (including charter), private, or home school; we believe it is important for both parents and government officials (elected, appointed and/or employed) to understand the differences in the options.

NHN advocates for the LIBERTY of parents to educate their children without government oversight via homeschooling. Virtual (online) Charter Schools and now the new ESA Program allow children to be educated in the home but because both these programs are funded by the government, controls for the purpose of “accountability” to the tax-payer are a necessary part of both.  Homeschooling that is funded by the parent remains free of government controls and needs to remain so.

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Why We Don’t Want ESA’s – Video

March 22, 2018

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For a more in-depth discussion please read any or all of the following position papers:

Kleenex vs. Puffs; Homeschool vs. ESA Program by Frank Schnorbus – Homeschooling in Nevada has suffered a torturous history and this letter to homeschool parents explains why NHN endeavors to protect the legal term, “homeschooling”.

 Homeschooling vs. State ESA Programs by Barbara Dragon – This paper discusses problems that government funded “school choice” options can cause self-funded homeschooling if state laws are not written correctly.

NHN Position Statement on Alternative Education Funding Programs – January, 2015

Homeschooling_vs._PublicSchool_at_Home (PSAH) by NHN Officers – A paper written in 2007 to explain the difference between homeschooling and online charter schools.

Charts explaining different educational options available to Nevada parents and “who” controls the child’s education in each:

Nevada Parental Choice Options

Education Options in Nevada

Inaccurate Testimony in Indiana – NHN Responds

When the Indiana Association of Home Educators (IAHE) heard that damaging testimony about homeschool freedom in their state had been given during a meeting of the Indiana Advisory Committee to the US Commission on Civil Rights on February 17, 2016, they became alarmed.  The topic for the meeting was, “Indiana School to Prison Pipeline”.  Several participants discussed the “lack” of governmental control over homeschooling in Indiana because apparently public school principals have been marking expelled students as “transferred to home schooling” when in reality they are not being homeschooled and appear to be “lost”.

IAHE obtained a copy of the hearing from the US Commission on Civil Rights to read the statements made.  They are concerned by the call of some of those participating in the meeting for the Indiana Legislature to begin “regulating” homeschooling in the state.  After reading the minutes of the meeting it became clear that most in attendance do not understand that responsible parents CHOOSE to homeschool their children.  Further, it appears that some in the Indiana public school system seem to be taking advantage of the homeschool freedom that Hoosiers enjoy and simply “dump” their burdensome public school students by “transferring them to home schooling” in their records.  IAHE has responded to the issues raised on their blog and will be attending future meetings to correct the misconceptions of home schooling in Indiana.

IAHE notified NHN that testimony was given by a committee member, Ms. Leslie Hiner (Friedman Foundation), who incorrectly stated there is a “homeschool expert” in Nevada to whom the public schools refer expelled students for counseling about homeschooling.  She also said the homeschool community and the public school system are in “partnership” on the issue of advising parents of expelled students. While it may have been Ms. Hiner’s intent to be helpful, her statements were filled with assumptions and incorrect information.  Although NV school districts may refer parents of expelled students to NHN or a homeschool group in the local community, the goal of NHN (and most homeschool groups) would be to educate parents on the responsibility that comes with CHOOSING to homeschool a child and to help these parents decide if homeschooling is a suitable option for their child.

NHN submitted a letter of response (2016. NHN response to Indiana Advisory Comm. testimony) for IAHE to use to clarify how we assist these parents in finding the best educational option for their child.  We also submitted that letter directly to the committee for the record.  IAHE Action’s School to Prison Pipeline Response – Part 5 includes Ms. Hiner’s comments and NHN’s refutation of her comments.

NHN actually dealt with many of the problems, discussed in the Indiana hearing, over 10 years ago here in Nevada. Prior to 2005, the only option available to parents of expelled students was to enroll the child in a private school or to homeschool them.  But for many of those parents, neither option was practical. So NHN worked with NV charter schools and the NV-DOE during the 2005 NV Legislative Session to find more options for these families.  SB 367 (see “As Enrolled”) opened up charter schools (both brick & mortar and virtual), as well as public school independent study and distance education options to these students under certain circumstances.

Homeschooling is an education option that is appropriate for some families and the right to homeschool without government oversight is a liberty that NHN has advocated for since 2002.  NHN is grateful for an excellent network of state homeschool associations as we work together to protect homeschool freedom in all 50 states.