Nevada Homeschool Network

Author: Elissa Wahl

  • Urgent Action Needed on SB194

    March 17, 2021

     

    NV Homeschoolers- There is now a second bill threatening the constitutional rights of parents choosing to homeschool their children separate from public school law.   For the most current information see NHN’s SB194 information page.  

     

    SB194 Section 6 needs to be struck!  SB194, as with AB19, proposes to add content to the core academic subjects, INCLUDING TO HOMESCHOOLERS!  This is, again, with no input from homeschoolers and usurps our parental rights. They are really trying hard to conform homeschoolers to public school standards.

     

    Please do the following NOW! The bill will be heard on FRIDAY!
    Use the opinion poll https://www.leg.state.nv.us/App/Opinions/81st2021/

    Against SB194 – Section 6 seeks to  “homogenized” homeschoolers  to public school statutes. No thanks

     

    This bill will be heard on Friday at 1pm. You can call in to testify AGAINST or Watch the hearing. For more information on how to participate, please see the Help page in NELIS at: https://www.leg.state.nv.us/App/NELIS/REL/81st2021/SessionInformation/Help

     

    Please Email the Senate Ed Committee
    Moises.Denis@sen.state.nv.us,

    Marilyn.DonderoLoop@sen.state.nv.us,

    Roberta.Lange@sen.state.nv.us,

    Fabian.Donate@sen.state.nv.us,

    Joe.Hardy@sen.state.nv.us,

    Scott.Hammond@sen.state.nv.us,

    Carrie.Buck@sen.state.nv.us

     

    If you would like your letter submitted for the record, please also email it to: SenEDU@sen.state.nv.us


    With the message: Please strike section 6 of SB194. Homeschooling is not governed by the public school system and should not be “homogenized” to public school statutes.

     

    Please also email the Sponsors of the bill asking them to strike section 6, pertaining to homeschoolers

    Roberta.Lange@sen.state.nv.us, Moises.Denis@sen.state.nv.us, Fabian.Donate@sen.state.nv.us, Scott.Hammond@sen.state.nv.us, James.Ohrenschall@sen.state.nv.us, Heidi.Gansert@sen.state.nv.us

    Be aware: you need to voice your opinion by using the opinion poll and emailing the above legislators no later than this Fiday morning.

  • Letter to Senate Committee on Education in opposition of SB194

    PDF VERSION


    March 17, 2021

     

    RE: Opposition to SB194

     

    Dear Senator Denis and members of the Senate Committee on Education;

     

    By way of introduction, Nevada Homeschool Network (NHN) advocates for Nevada families who have chosen to direct the education of their children. We are Nevada’s only advocacy group pertaining to homeschooling, established in 2000 and maintaining a major online, statewide presence. In this capacity, we are writing today to oppose SB194 as introduced, specifically Section 6.

     

    Of primary purpose, SB194, Section 6,  will modify the required areas of instruction for homeschool students with the addition of civics. While this may seem innocuous, Nevada Homeschool Network contends that:

    1. The state has no obligation or responsibility to determine what is taught to children outside of the public school system, and to do so violates the due process clause of the 14th amendment.

      In 1923, the Nebraska state court, in Myer V Nebraska,  declared the Nebraska law prohibiting any language other than english being taught, as  unconstitutional. The reasoning – it violated the liberty protected by Due Process Clause of the Fourteenth Amendment. Liberty, the Court explained, means more than freedom from bodily restraint. It also includes the right of a teacher to teach German to a student, and the right of parents to control the upbringing of their child as they see fit. While the state has a legitimate interest in encouraging the growth of a population that can engage in discussions of civic matters, the means it chose to pursue this objective was excessive.

      In 1925 the US Supreme  Court ruled in Pierce v. Society of Sisters that children are not  mere creatures of the state but rather the prodigy of their parents. This ruling allowed private schools and later homeschools to operate separate from the public school system.

      In the Nevada 2007 homeschool freedom bill parents agreed to the courses that were included in the multi decade framework of a basic K-12 education. These were English language arts, math, science, social studies which is divided into history, geography, economics, and government. Senate Bill 404 was passed unanimously in both the Senate and Assembly.

      During constitutional hearings regarding Education Savings Account (ESA) legislation in 2016, the Nevada Supreme Court concluded that “debates surrounding the adoption of Article 11, show that Section 1 was meant to apply only to public education.”  The court also referencing the constitutional convention of 1864, recognized in “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.  This freedom is the foundation of homeschool education.

      https://www.edchoice.org/wp-content/uploads/2016/09/Nevada-Supreme-Court-ESA-Ruling.pdf

      SB194 attempts to homogenize all Education options in the state of Nevada. Homeschool parents are standing on their constitutional right as acknowledged in NRS 388D.020(4(c)):

      The parent has “the legal right to direct the education of the child, and assumes full responsibility for the education of the child while the child is being homeschooled”.

    2. Inclusion of Stakeholders.

      As with AB19 in the Assembly, this portion of the bill regarding homeschooling did not include any stakeholder discussion. Instead, we are being told, after the inclusion, that this is merely conforming language. The idea of “conforming language” is not referenced or defined anywhere in statute.

    3. Historical Context and Precedent of “conforming language”:

     

    It is important to note the historical context in the argument for “conforming language” as a basis to include homeschoolers in SB194.  

    • SB25 in 2015 made what seemed like an innocuous change to subject language from “English, including reading, composition and writing” to “English language arts”.  While this included homeschool law, it did not modify subject matter but merely adjusted terminology. Homeschoolers were not included in this discussion.
    • SB249 in 2017, however, was a more direct change to subject matter and included significant change to subjects being removed and added.  Homeschoolers were not included in this legislation and were not subject to any changes in scope or inclusion of subject matter.

    Any claim that historically homeschooling has been included in subject matter changes is not accurate. Arguably, in 2015 they overreached by including homeschooling.  The changes implemented in 2017 were done correctly, regulating requirements for public/private institutions, but leaving homeschooling alone.  

    Attached please find the Legislative Counsel’s Digest for each of these bills (Addendum A) which demonstrates the actual language used in the introduction of each of these bills and the intent of each bill.  You will clearly see there is no precedent to include homeschoolers in SB194.

    Nevada Homeschool Network maintains that core subjects as currently included in the statute provide a suitable means to promote the intellectual and moral improvement of our children as outlined in the Nevada Constitution.  

     

    Nevada Homeschool Network respectfully requests that Section 6 be removed from the bill 

     

    Cordially,

     

    Elissa Wahl

    Nevada Homeschool Network, Chair

    Addendum A

    Contrast of Legislative Counsel’s Digest – intent of bill

     

    2015 SB25 – Relevant Excerpt

    Homeschool included, not consulted, no opposition from homeschool community.

     

    Sections 4, 10, 11-13, 15, 17 and 18 of this bill replace references to the terms “English” and “foreign language” with references to “English language arts” and “foreign or world language” for consistency with currently accepted terminology.

     

    2017 SB249 – Relevant Excerpt

    Homeschool NOT included, no opposition from homeschool community.

     

    Existing law requires a pupil enrolled in a public high school to enroll in a certain number of credits in certain subject areas. (NRS 389.018) Section 2 of this bill requires a pupil enrolled in a public high school to enroll in one-half unit of credit in economics and limits American government to one-half unit of credit, but allows a school district to authorize a school to offer a combined course in American government and economics for one unit of credit in certain circumstances. Section 7 of this bill makes those provisions effective on July 1, 2022. Existing law requires instruction in financial literacy for pupils enrolled in high school in each school district and in each charter school that operates as a high school. (NRS 389.074) Section 3 of this bill additionally requires instruction in financial literacy for pupils enrolled in grades 3 to 12, inclusive. Section 3 requires the Council to Establish Academic Standards for Public Schools to include the standards of content and performance for instruction in financial literacy in the standards of content and performance established by the Council. Section 3 also requires that instruction in financial literacy: (1) be age-appropriate; (2) include certain topics; and (3) be provided within a course of study for which the Council has established the relevant standards of content and performance. Section 1 of this bill creates the Account for Instruction in Financial Literacy in the State General Fund and provides that money in the Account generally may be used only for providing the instruction in financial literacy required by section 3

     

  • Homeschooling VS Educational Neglect

    In 2018, Nevada Homeschool Network received multiple calls from Clark County homeschool families who were being investigated for educational neglect. These calls were usually initiated by a school. If you are homeschooling after being in public school it is imperative to sign a withdrawl form and then within 10 days file a notice of intent to homeschool form.

    On Friday, Nov. 9th 2018 representatives of NHN and HSLDA met with Nevada Child Protective Services regarding these recent cases involving homeschool families. It was a good meeting with a lot of information shared by both sides.

    At that time CPS was working on policies for educational neglect. All parties agreed simply homeschooling is NOT equivalent to educational neglect.

    To date, NHN has not received a copy of these CPS policies. This leaves it up in the air about what parameters are being used for educational neglect, and indeed what and who can make that judgement.

    This article is not meant to scare homeschoolers, but instead to share with you that you have support should you need it! Always let us know if you’ve had interaction with CPS, be it good or bad, and especially if there was an abuse of power with a CPS caseworker.

    NHN does recommend becoming a member of HSLDA.

  • Private Schools Ban Homeschool Athletes

    Private School Ban Homeschool Athletes 2013 (NHN position paper)

    Last Monday, Sept. 9th NHN received word that homeschoolers would no longer be allowed to play sports for a specific private school in Las Vegas. While speaking with the principal, it became clear this was a decision forced upon him. After some research and many phone calls, it appears that the NIAA (Nevada Interscholastic Athletic Association) is colluding with private schools to ban homeschoolers from playing at private schools.

    History:
    In 2003, NV law was changed to allow homeschoolers to participate in extracurricular activities in the public school including sports. The law is silent, purposefully so, on the issue of homeschoolers playing for private schools. That allows each individual private school to decide if they want to allow a homeschool student to participate (public school must allow an eligible student to participate). Large private schools like Bishop Gorman have enough players to cull from their own student body but it is the small private schools that have historically been open to homeschoolers playing sports on their teams.

    In 2005, SB221 was before the Assembly to clarify that homeschoolers could participate in sports at ALL grade levels, not just the NIAA governed grades 9 – 12. The bill eventually passed and was signed into law. Then Assemblyman Joe Hardy asked for exact language to be read from the Assembly floor that states the intent of the bill.

    “The intent of SB221 is to allow, for all grade levels, any homeschooled child to try out and participate in interscholastic activities and events, including sports, in the public school he is zoned for, or to try out and participate in interscholastic activities and events, including sports, at a private school if the private school has a policy allowing participation. No league, association, or other governing authority may prevent a private school from having homeschooled children participate, or force a private school to accept homeschool participation, and the same rules that apply to children in the public or private school also apply to the homeschooled child.”

    Approximately 2 years ago, there was an issue with a different private school saying that homeschoolers could no longer play for their school. After looking into it more at the time, it was determined this was due to a “gentleman’s handshake”, an agreement amongst private schools, to not allow homeschool students to play and the school in question was being strong armed into honoring the “agreement”. NHN made some phone calls at the time and eventually the determination came back that homeschoolers were welcome. Today, homeschoolers happily play for that school.

    The Laws:
    Nevada Revised Statutes (applicable statutes included at end of this letter) clearly state that:
    1. Public schools may not restrict the eligibility or participation of homeschooled student any more than an enrolled public school student.
    2. A school or organization shall not discriminate against homeschooled child.
    3. The NIAA may not restrict the eligibility or participation of a homeschooled student any more than an enrolled public or PRIVATE school student.

    What went wrong?
    While NHN has not attended recent NIAA meetings, nor the private school meetings, we have the NIAA meeting minutes that clearly show there has been a “statewide philosophical agreement amongst all private schools to ban homeschoolers from sports”, please see the NIAA meeting Minutes for June 19th and 20th section 26 speaks about a statewide philosophical agreement.

    “Liaison Walter thanked the Board for allowing him to serve nine years as the Private School liaison and vowed to still be involved as an active athletic director (Faith Lutheran High School). Mr. Walter expressed a concern with Calvary Chapel allowing home school students to compete, something that goes against a statewide private school philosophical agreement. Mr. Walter discussed the positive changes being made to the Private School Compliance Form”

    That alone is some inflammatory news but there is more! After speaking with various coaches and athletic directors in Las Vegas, it is evident that some private schools are clearly against homeschoolers being allowed to play for ANY private school, and have bullied other private schools into agreeing with this decision. One private school even suggested they would forfeit their own games against any team where homeschoolers were being played. Imagine the pressure on the private school holding out and allowing homeschoolers to play on their team. Regrettably, the last private school holding out caved to the pressure this week and denied homeschool students the right to play on their school’s team.

    Approximately 8 homeschool students play various sports at this school. One family has been involved with the basketball team for 3 years! Their son is a senior and is will not be able to play his senior year!! One family is a coach for that school, and his kids aren’t going to be allowed to play after all the time and effort he has put into it.

    But this “statewide philosophical ban” doesn’t just affect those 8 kids. It affects any homeschooler who is now or desires in the future to play sports for a private school. This is clearly discrimination against homeschoolers.

    What Can you do?
    1. Contact NHN if your student (a homeschooler) has ever played/or is currently playing for a private school in NV. We need your stories.
    2. Contact NHN if your homeschooled student has been denied the opportunity to try-out or play for a private school in NV.
    3. Contact NHN if your homeschooled child would be interested in playing sports for a local private school in the future. We need to hear from you too in order to show that many students now and in the future will be affected by this “agreement” to disallow homeschool on private school teams.
    4. Email the NIAA Board Members (and cc your Assemblyperson and State Senator) to let them know your thoughts! If there is a concern about homeschoolers playing sports with private school teams they should:
    a) include homeschoolers in the talks; b) make decisions that are in accordance with the law, including the Open Meeting Law; c) make policies that are not blanket bans, but rather address the specific concerns, and d) Most importantly, ask them to NOT ban homeschoolers from playing on private school teams in policy, action, or endorsement.
    And lastly, if you live in the Reno area, plan to attend the next NIAA Board Meeting to be held Oct. 7th and 8th at the Peppermill. You can prepare a 2 minute speech to succinctly express your position on the discrimination by some private schools against homeschool student athletes.

    In conclusion:
    At the moment NHN is looking into our legal options. Further, Kelley Radow and I will be attending the NIAA Board Meeting, working to protect your rights! We do need your financial assistance in this matter… if you can donate to NHN it would help us meet travel and lodging expenses to the NIAA meeting (click on “Donate” button on lower right side of our home page). Our financial reserve is quite low after meeting expenses during the just concluded NV Legislative Session. Your generosity for the sake of all Nevada homeschool children would be greatly appreciated! We’ll keep you updated and please feel free to contact me or any of the NHN Officers if you have more information and/or questions.

    Thanks!
    Elissa Wahl
    NHN Vice-Chair

  • Mineral County Update

    Upon scrutinizing Mineral County’s policies a little further, some very alarming things came to light. We have been in touch with Mineral County’s Superintendent and have sent him a copy of the below points, that are in violation of NV state law. We’ll keep you updated on the district’s willingness to adhere to law!!


    Dear Dr. Kirk

    This is a recap of our phone conversation, and an itemized listing of the areas where Mineral County appears to be in non-compliance with the homeschooling laws of NV.

    1. School Board no longer has any approval process

    NRS 392.700 #3

    The purpose of the notice of intent to homeschool is to inform the school district in which the child resides that the child is exempt from the requirement of compulsory attendance.

    Dr. Rheault’s Memo to the districts makes this very clear;

    Page 1. #1 Compulsory attendance of a child in a public school must be excused if the parent chooses to provide education to the child and files a notice of intent to homeschool with the Superintendent of Schools of the school district where the child lives. SB404 no longer requires satisfactory written evidence that the child is receiving equivalent instruction be presented to the board of trustees of a local school district. Rather, requirements for information contained in the notice are now established in law and need only by acknowledged by the Superintendent of Schools where the notice is filed.

    SB404 Sec 7 (1b), Sec 5(7)

    This practice needs to stop immediately

    2. Listing the student’s names in the Agenda’s runs afoul of 392.700 #5(f)

    f) An optional statement that the parent may sign which provides:

    I expressly prohibit the release of any information contained in this document, including, without limitation, directory information as defined in 20 U.S.C. 1232g(a)(5)(A), without my prior written consent.(Memo page 2, #10)

    And certainly of

    392.700 #8 pertains to who and how the superintendent may release a homeschooler’s records or information. (Memo page 2, #9)

    And worse yet

    392.700 #10

    A school or organization shall not discriminate in any manner against a child who is or was homeschooled. (page 3, #12)

    So, unless the school board does the same thing with children who are exempt from public school to go to a private school, this “special” treatment of homeschoolers is discrimination.

    3. We understand you may have a desire to help all educators, even homeschoolers. Clark County has taken the position that helping homeschoolers is neither in the law, nor in their scope of purposes. We’d agree. That’s best left to homeschool groups.

    PLEASE give interested homeschoolers the contact information for Nevada Homeschool Network and Dr. Orval Nutting.

    4. That brings us to, what IS the districts responsibility?

    Again, back to Dr. Rheault’s memo

    1)To enforce Compulsory Ed law

    2)For the superintendent to accept the Notification of intent (page 1, #1)

    3)To make only the Dept of Ed Notice of Intent Form available (page 1, #4)

    4)To NOT require or request any additional information or assurances from the parent who files. (page 1 #4)

    5)To accept that form or any other Notice of Intent form that meets the requirements of Sec 5 (5) (Today this is 392.700 #5)

    6)To provide a “written acknowledgement which clearly indicates that the parent has provided the notification required by law and that the child is being homeschooled.” (page 2, #8)

    7)To retain a physical or electronic copy of the acknowledgement for not less than 15 years (page 2, #8)

    8)To provide information on their website, in a timely manner, regarding the High School Proficiency Exam and all college entrance exams such as the S.A.T, the A.C.T. and the PSAT/NMSQT, including registration dates and examination dates. (page 2, # 13)

    9)To Conduct Child Find- identify children with special needs, as required by Federal law

    That’s it. No approval process. Not of the form, not of the educational plan. Only a court of law can offer an opinion on the contents of the educational plan, according to NRS 392.700 #12

    5. Website…Once Mineral County School District is clear on the homeschooling law, the website then needs to also offer the correct information. It appears that your district has 3 websites, so all should be correct.

     

    Gohawthornes which is seems to be under construction

    Mineralcountyschools.org No homeschooling info and bad links

    Mineral.k12.nv which is linked to Nevada Dept of Ed, has illegal homeschooling information , bad links and no testing information for homeschoolers as required by law

    From this website: in bold italics are the areas of concern

    Home Schooling

    Step 1 Review the following website http://www.doe.nv.gov/schools/homeschooling.html

    Step 2 Contact the Superintendent (Required)

    Step 3 Complete Home School Forms

    Step 2 is inaccurate. The phrase “required to contact” the supt., is very misleading. Rather the parents submit the NOI to the super, and by law it need not even be in person. No other “contact” is necessary.

    PAGE 1:

    HOME SCHOOL CHOICE

    As part of Nevada’s Education choice, there are very specific requirements for individuals who will opt for home schooling their children. Nevada law (NRS 392.070) provides for a waiver of the compulsory attendance laws and procedures for parents/guardians to follow in pursuing the waiver. For background, resources, and contacts, please see the information below.

    Mineral County Requires the following steps for the process to be complete prior to beginning the home school process:

    1.A parent and or guardian must complete the required forms to begin participation in home schooling.

    2.The parent and or guardian making the request must meet with the principal of the school of enrollment prior to board approval.

    3.The Mineral County School Board will review the request and take the appropriate action.

    4.The parent and or guardian will be notified of the board’s decision in writing within 5 days of the board meeting.

    5.The parent and or guardian, upon board approval may check the student out of school.

    Every “requirement” listed above is an egregious misrepresentation of NRS 392.070 and 392.700 and does not conform with Nevada law.

    None of the “background or resource” links provided (see below) to these documents work; rather, sends the reader to an error 404 page. If interested homeschoolers were able to read any of the documents listed they would see immediately that Mineral County’s “requirements” are not in compliance with the law.

    2007-RHEAULT Letter for Homeschooling

    2007 Homeschool Information – Table of Contents

    2007 Homeschool Information

    Notice of Intent to Homeschool

    Notice if Intent of Homeschooled Child to Participate

    If you need further information, contact: Orval K. Nutting, Ed.D.

    Nevada Department of Education

    1749 Moody St., Suite 40

    Carson City, NV 89706-2543

    ph: 775-687-9238

    fax: 775-687-9113

    email: onutting@doe.nv.gov

    2007-DR. RHEAULT Letter for Homeschooling

    6.Currently Nevada Homeschool Network has an Alert out on our statewide group and on our Nevada homeschool network website and has been in touch with Dr. Orval Nutting on this issue.

    While Nevada Homeschool Network certainly holds no “authority” over Mineral County School District, we sincerely hope you will verify all of the above information and act accordingly. We will be doing our duty and looking out for all homeschoolers by following up on Mineral’s compliance.

    Most sincerely,

    Elissa Wahl

    Nevada Homeschool Network

    cc: Dr. Orval Nutting, NV Dept of Ed

    Dr. Keith Rheault, Superintendent of Public Instruction, NV

  • Mineral County School District Not In Compliance With Homeschool Law

    The information listed on the school district’s website regarding homeschooling is incorrect.

    There is no requirement to meet with the superintendent and there is no need for the school board to “approve” your Notice of Intent.

    If you plan on pulling your child from the Mineral County School District to homeschool, PLEASE read the laws listed on our LAWS page, and be prepared to educate the office. We will be in communications with the district over this matter and hope it is solved shortly. Meanwhile, please let us know if you have any problems!