Homeschool NonDiscrimination Act of
2005
H$LDA
is Looking Out For You
From an E-mail. Please pass along as appropriate.
Yup, you'll be pleased to know that H$LDA is once again pushing
the HONDA bill AND now it includes giving the feds info on your
children so that they can be recruited.
Of course, you will be pleased to know that this is all in
the interests of business, THEIR business. Look at the last section
where it says they are one of the "official" organizations
that will certify that you are a homeschooler in good standing!
The Debate
HB 3753 and SB 1691
HR 3753 IH
109th CONGRESS
1st Session
H. R. 3753
To amend selected statutes to clarify existing Federal law
as to the treatment of students privately educated at home under
State law.
IN THE HOUSE OF REPRESENTATIVES
September 13, 2005
Mrs. MUSGRAVE (for herself, Mr. BOEHNER, Mr. ADERHOLT, Mr.
AKIN, Mr. BARTLETT of Maryland, Mrs. BLACKBURN, Mr. BRADY of
Texas, Mr. BURGESS, Mr. BURTON of Indiana, Mr. CHOCOLA, Mrs.
JO ANN DAVIS of Virginia, Mr. DOOLITTLE, Mr. FEENEY, Mr. FLAKE,
Ms. FOXX, Mr. FRANKS of Arizona, Mr. GINGREY, Mr. GOODE, Mr.
GREEN of Wisconsin, Mr. HAYES, Mr. HAYWORTH, Mr. HOEKSTRA, Mr.
HOSTETTLER, Mr. HYDE, Mr. INGLIS of South Carolina, Mr. ISTOOK,
Mr. SAM JOHNSON of Texas, Mr. JONES of North Carolina, Mr. KENNEDY
of Minnesota, Mr. KING of Iowa, Mr. LAHOOD, Mr. MCCAUL of Texas,
Mr. MCCOTTER, Mr. MILLER of Florida, Mrs. MYRICK, Mr. NORWOOD,
Mr. NUSSLE, Mr. OTTER, Mr. PAUL, Mr. PENCE, Mr. PITTS, Mr. PLATTS,
Mr. RENZI, Mr. ROGERS of Alabama, Mr. RYUN of Kansas, Mr. SHIMKUS,
Mr. SIMPSON, Mr. SOUDER, Mr. SULLIVAN, Mr. TANCREDO, Mr. TERRY,
Mr. TIAHRT, Mr. WAMP, and Mr. WOLF) introduced the following
bill; which was referred to the Committee on Education and the
Workforce, and in addition to the Committees on Ways and Means
and Armed Services, for a period to be subsequently determined
by the Speaker, in each case for consideration of such provisions
as fall within the jurisdiction of the committee concerned
A BILL
To amend selected statutes to clarify existing Federal law
as to the treatment of students privately educated at home under
State law.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Home School Non-Discrimination
Act of 2005'.
SEC. 2. FINDINGS.
Congress finds as follows:
(1) The right of parents to direct the education of their
children is an established principle and precedent under the
United States Constitution.
(2) Congress, the President, and the Supreme Court, in exercising
their legislative, executive, and judicial functions, respectively,
have repeatedly affirmed the rights of parents.
(3) Education by parents at home has proven to be an effective
means for young people to achieve success on standardized tests
and to learn valuable socialization skills.
(4) Young people who have been educated at home are proving
themselves to be competent citizens in postsecondary education
and the workplace.
(5) The rise of private home education has contributed positively
to the education of young people in the United States.
(6) Several laws, written before and during the rise of private
home education, are in need of clarification as to their treatment
of students who are privately educated at home pursuant to State
law.
(7) The United States Constitution does not allow Federal
control of homeschooling.
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) private home education, pursuant to State law, is a positive
contribution to the United States; and
(2) parents who choose this alternative education should be
encouraged within the framework provided by the United States
Constitution.
SEC. 4. CLARIFICATION OF PROVISIONS ON INSTITUTIONAL AND
STUDENT ELIGIBILITY UNDER THE HIGHER EDUCATION ACT OF 1965.
(a) Clarification of Institutional Eligibility- Section 101(a)(1)
of the Higher Education Act of 1965 (20 U.S.C. 1001(a)(1)) is
amended by inserting `meeting the requirements of section 484(d)(3)
or' after `only persons'.
(b) Clarification of Student Eligibility- Section 484(d) of
the Higher Education Act of 1965 (20 U.S.C. 1091(d)) is amended
by striking the heading and inserting `Satisfaction of Secondary
Education Standards'.
SEC. 5. CLARIFICATION OF ABSENCE OF CONSENT FOR INITIAL
EVALUATION UNDER THE INDIVIDUALS WITH DISABILITIES EDUCATION
ACT.
Section 614(a)(1)(D)(ii)(I) of the Individuals with Disabilities
Education Act (20 U.S.C. 1414(a)(1)(D)(ii)(I)) is amended to
read as follows:
`(I) FOR INITIAL EVALUATION- A local educational agency may
pursue the initial evaluation of a child by utilizing the procedures
described in section 615, except to the extent inconsistent with
State law relating to parental consent for an initial evaluation
under clause (i)(I), only if the child is enrolled in public
school or is seeking to be enrolled in public school.'.
SEC. 6. CLARIFICATION OF THE COVERDELL EDUCATION SAVINGS
ACCOUNT AS TO ITS APPLICABILITY FOR EXPENSES ASSOCIATED WITH
STUDENTS PRIVATELY EDUCATED AT HOME UNDER STATE LAW.
(a) In General- Paragraph (4) of section 530(b) of the Internal
Revenue Code of 1986 (relating to qualified elementary and secondary
education expenses) is amended by adding at the end the following
new subparagraph:
`(C) SPECIAL RULE FOR HOME SCHOOLS- For purposes of clauses
(i) and (iii) of subparagraph (A), the terms `public, private,
or religious school' and `school' shall include any home school
which provides elementary or secondary education if such school
is treated as a home school or private school under State law.'.
(b) Effective Date- The amendment made by subsection (a) shall
apply to taxable years beginning after the date of the enactment
of this Act.
SEC. 7. CLARIFICATION OF SECTION 444 OF THE GENERAL EDUCATION
PROVISIONS ACT AS TO PUBLICLY HELD RECORDS OF STUDENTS PRIVATELY
EDUCATED AT HOME UNDER STATE LAW.
Section 444 of the General Education Provisions Act (20 U.S.C.
1232g; also referred to as the Family Educational Rights and
Privacy Act of 1974) is amended--
(1) in subsection (a)(5), by adding at the end the following:
`(C) For students in non-public education (including any student
educated at home or in a private school in accordance with State
law), directory information may not be released without the written
consent of the parents of such student.';
(2) in subsection (a)(6), by striking `, but does not include
a person who has not been in attendance at such agency or institution.'
and inserting `, including any non-public school student (including
any student educated at home or in a private school as provided
under State law). This paragraph shall not be construed as requiring
an educational agency or institution to maintain education records
or personally identifiable information for any non-public school
student.'; and
(3) in subsection (b)(1), by striking subparagraph (F) and
inserting the following:
`(F) organizations conducting studies for, or on behalf of,
educational agencies or institutions for the purpose of developing,
validating, or administering predictive tests, administering
student aid programs, and improving instruction, if--
`(i) such studies are conducted in such a manner as will not
permit the personal identification of students and their parents
by persons other than representatives of such organizations and
such information will be destroyed when no longer needed for
the purpose for which it is conducted; and
`(ii) for students in non-public education, education records
or personally identifiable information may not be released without
the written consent of the parents of such student.'.
SEC. 8. CLARIFICATION OF ELIGIBILITY FOR STUDENTS PRIVATELY
EDUCATED AT HOME UNDER STATE LAW FOR THE ROBERT C. BYRD HONORS
SCHOLARSHIP PROGRAM.
Section 419F(a) of the Higher Education Act of 1965 (20 U.S.C.
1070d-36(a)) is amended by inserting `(or a home school, whether
treated as a home school or a private school under State law)'
after `public or private secondary school'.
SEC. 9. CLARIFICATION OF THE FAIR LABOR STANDARDS ACT AS
APPLIED TO STUDENTS PRIVATELY EDUCATED AT HOME UNDER STATE LAW.
Section 3(l) of the Fair Labor Standards Act of 1938 (29 U.S.C.
203(l)) is amended by adding at the end the following: `The Secretary
shall extend the hours and periods of permissible employment
applicable to employees between the ages of 14 and 16 years of
age who are privately educated at a home school (whether the
home school is treated as a home school or a private school under
State law) beyond such hours and periods applicable to employees
between the ages of 14 and 16 years of age who are educated in
traditional public schools.'.
SEC. 10. RECRUITMENT AND ENLISTMENT OF HOME -SCHOOLED STUDENTS
IN THE ARMED FORCES.
(a) Home -Schooled Students- Chapter 31 of title 10, United
States Code, is amended by inserting after section 503 the following
new section:
`Sec. 503a. Recruitment and enlistment of home -schooled students
`(a) Policy on Recruitment and Enlistment- The Secretary concerned
shall prescribe a policy for the recruitment and enlistment of
home -schooled students. The Secretary of Defense shall ensure
that the polices prescribed under this section apply, to the
extent practicable, uniformly across the armed forces
`(b) Elements- The policy prescribed by the Secretary concerned
under subsection (a) shall include the following:
`(1) Identification of qualified graduates of home schooling
for purposes of recruitment and enlistment in the armed forces
that is in accordance with the requirements described in subsection
(c).
`(2) Provision for the treatment, within the Department of
Defense classification system of educational credentials for
recruitment purposes, of graduates of home schooling within the
same tier status as regular high school graduates, with no practical
limit with regard to enlistment.
`(3) Exemption of graduates of home schooling from any requirement
for a secondary school diploma or a General Education Development
(GED) certificate of high school equivalency as a precondition
for enlistment in the armed forces.
`(c) Qualified Home -School Graduates- In identifying a graduate
of home schooling for purposes of subsection (b), the Secretary
concerned shall ensure that the graduate meets each of the following
requirements:
`(1) The graduate has taken the Armed Forces Qualification
Test and scored at the 50th percentile or above.
`(2) The graduate has provided the Secretary concerned with--
`(A) a signed home -school notice of intent form that conforms
with the State law of the State where the graduate resided when
the graduate was in home school; or
`(B) a home -school certificate or diploma from the parent
or guardian of the graduate or a national curriculum provider.
`(3) The graduate has provided the Secretary concerned with
a copy of the graduate's transcript for all secondary school
grades completed which--
`(A) includes the enrollment date, graduation date, and type
of curriculum; and
`(B) reflects successful completion of the last full academic
year of schooling from the home -school national curriculum provider,
parent, or guardian issuing the home -school certificate or diploma
or home -school notice of intent form.
`(4) The home -school curriculum used by the graduate involved
parental instruction and supervision and closely patterned the
normal credit hours per subject as used in a traditional secondary
school.
`(5) The graduate has provided the Secretary concerned with
a third-party verification letter of the graduate's home -school
status by the Home School Legal Defense Association or a State
or county home -school association or organization.'.
(b) Clerical Amendment- The table of sections at the beginning
of such chapter is amended by inserting after the item relating
to section 503 the following new item:
`503a. Recruitment and enlistment of home -schooled students.'.
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