Federalization of Homeschooling HR 2732

Federalization of Homeschooling

2005 Events
2003 Events

2005 Events

"Harriet Meiers Day" in the Senate was also "Home School Recruitment Day"

Following Thanksgiving, an online friend of mine in Ohio, Mary, sat down at her computer and did a random check of Thomas, the federal website containing "legislative information from the Library of Congress." She was doing her routine look for any mention of 'homeschooling' in pending federal legislation. What she found was a shock.

For the third time in two years, again without notice to the national homeschooling community, proposed federal legislation affecting homeschoolers was introduced into Congress. This third time it wasn't announced after-the-fact as was the previous two times.

Buried deep in the 700+ pages of the National Defense Authorization Act for FY 2006, was a section labeled Recruiting and Enlistment of Home Schoolers. Mary forwarded her copying of this section, # 522, to me asking what I thought of it. I asked where she got it. She said she found it at Thomas. When did it get put in to the Congressional Record, I asked. On the 3rd of October. It turns out that was the same day Harriet Meiers was nominated for the Supreme Court. Oh. I guess that would overshadow most legislation.

In the time since, we've found out that the Home School Legal Defense Association claimed ownership of the legislation. It took a while for anyone from the organization to own up to it, as no mention was made in any of the Weekly Updates regularly sent out by HSLDA. It wasn't until the 13th of December that HSLDA mentioned homeschool recruitment, and still, Section 522 is conspicuous by its absence.

I've written here about what I see as the shortcomings of homeschoolers enlisting in the services without the bureaucratic exposure that seems to provide all recruits with a better chance of completing that first enlistment, and about one or two ways that might help.

I've blogged about the NonDiscrimination bill, and about Section 522.

I've collected information, and assembled it in timeline-form on this website: Military Homeschool Legislation. It's long, and like reading footnotes. Interested readers can check the links for themselves, and make their own judgments.

HR 3753/SB 1691

History
Why homeschooled grads are classified as Tier II recruits
Temporary Tier I status for homeschoolers
Why pacifists should care (answer: because they're taxpayers)
What procedure does DoD see as producing a "High School Graduate?"
How can homeschooled grads acquire Tier I status, with the intention of increasing their chances of enlistment 'success?'
Fisking Section 10

History

In September of 2005, events from July 2003 replayed themselves with Rep. Marilyn Musgrave of Colorado introducing into the House of Representatives a bill titled "Home School Non-Discrimination Act," humanizingly given the acronym of HONDA. This was an omnibus bill that was killed in committee in 2003. In its resurrected form it is much the same, but with the inclusion of a new section "Recruitment and Enlistment of Home-schooled Students in the Armed Forces." The new section is nonsense.

Why homeschooled grads are classified as Tier II recruits

Homeschooled graduates are already able to enlist in the armed forces, but they are not traditionally granted the same categorization as publicly and privately schooled graduates. Studies have shown that recruits with non-traditional diplomas do not have the same success rate as recruits with public- or private-school diplomas. It's the one area where public-schooling is superior to homeschooling.

Temporary Tier I status for homeschoolers

A study was commissioned to determine the enlistment track record of homeschooled graduates. The determining factor of 'success' was completion of the first hitch. Unfortunately, homeschool grads did not have as good a record of 'success' (in context of completing that first hitch) as do publicly-schooled grads. The Tier II label was not discriminatory, merely descriptive.

It seems that in conjunction with the study, a five-year pilot program of Tier I status for homeschooled grads was instituted. In reading about the two events they seem to have occurred at the same time, but were not the same event. The Tier I status pilot program was encouraged by HSLDA, but I don't know about the study. Given no references online as to who started what, I'll have to leave it at that.

[Note: while compiling related information, I re-read a piece at the MHLA site that states: "Since military recruiters understandably want assurance that people who claim to be homeschooling graduates actually are, a survey was sent to selected homeschool organizations to get help in defining homeschool graduates. The Survey by the Center for Naval Analyses (CNA) included a cover letter from the Home School Legal Defense Association (HSLDA). "

HSLDA not only cooperated with the CNA, but worked with Senator Paul Coverdell to write the study into legislation: Home School Court Report, March/April 2002.

HSLDA lobbied Congress to fix this situation and create an equitable enlistment route for home schooled graduates. With the help of the late Senator Paul Coverdell, an amendment containing a solution was attached to the 1998 Defense Authorization bill. The new regulations created a five-year pilot program where each branch of military would reserve 1,250 slots for home schoolers. The program stipulated that home schooled enlistees would be considered Tier 1, and their progress during military service would be tracked.

The four branches of the armed services secured the Center for Naval Analysis (CNA) to conduct a one-year, one-time study of the five-year pilot project. The CNA examined several indicators for 67,000 recruits including attrition rates, Armed Forces Qualifications Test (AFQT) scores, pre-service drug tests and interest in military service.

Given HSLDA's involvement, it is interesting that since the CNA study was released, HSLDA has not linked to it at their site.]

Why pacifists should care (ans: because they're taxpayers)

The phenomenon of public-schooling as the best predictor of success in the military was determined through studies conducted since 1959, and a tier-system was put in place to ensure that the nation's military services accept and pay to train the people with the greatest chance of making full use of that training by completing a first-term enlistment and possibly re-enlisting. By enlisting brick-and-mortar high school graduates (or higher) as the preferred category, the military services make the best use of the taxpayers' money, whether those taxpayers have any intention of supporting the military system or not. I assume that even people who do not support many military operations want those operations to be carried out as inexpensively as possible until the day that peace prevails.

What procedure does DoD see as producing a "High School Graduate?"

Homeschooled graduates are not 'second-class citizens' but only people who, if the military is their target, need the tools to realize their dreams. Unfortunately this begins early because the military's definition of 'High School Graduate' is 12 years of graded instruction. The 'grading' is doubly defined because it refers to 'taught subjects' that are graded by the instructor, and that the children progressed from First Grade on up to Twelfth Grade. For school-at-home families, this won't be as much of a problem as it will be for eclectic or unschooling families.

How can homeschooled grads acquire Tier I status, with the intention of increasing their chances of enlistment 'success?'

For families who did not use a school-at-home program for all twelve grades, the work-around for the potential recruit is either to attend high school for the 12th grade, or to acquire 15 college credit hours, the equivalent of being a full-time college student for one semester.

Fisking Section 10

Section 10 of HR 3753/S 1691 is longer than the sections from the 2003 version of the bills. Section 10 is longer because it would create a new section of public law: Title 10, Chapter 31, a portion that controls military enlistment. Because of the length, I've used up another portion of my 5MB of member-space on the freebie site of my ISP's server with a separate page for the 'fisking' (a blogger term meaning to examine a piece of writing column inch-by-column inch).

To use blogger style, the fisking is here.

2003 Events

HR 2732/SB 1562

On the 15th of July, 2003 Rep. Marilyn Musgrave of Colorado introduced into the House of Representatives HR 2732 named the "Home School Non-Discrimination Act of 2003." On the 1st of August the Senate version, S. 1562, was introduced. This legislation is controversial and stands to affect homeschoolers both in CONUS and overseas.

Before the submission of the bill in the House, a discussion with well-thought-out conclusions as to the effects of the intended changes should have taken place among the people who may be affected. This did not happen. Why was there no public discussion of the possible ramifications or a look at unintended consequences before the bill was submitted?

From the Connecticut Homeschool Network
Bulletin #14 The Federalization of Homeschooling "Did you know: There are nine pieces of federal legislation currently being considered by Congress which include the words "home school" in them, or refer to existing legislation that includes home school."
Bulletins #17 and #18 -- HR2732 wording causes problems for higher education and Homeschool Autonomy "Did you know: HR2732 and SB1562, and similar legislation lead the way for homeschoolers to lose their autonomy."
During the 'hashing-out' of the fine points of the legislation are there restrictions that might be placed on homeschoolers of the changes by legislators who may not understand homeschooling?
introducing "standard tests" and "education by parents at home" into legislation (Section 2)
the curious addition, "The United States Constitution does not allow Federal control of homeschooling." So why is legislation regarding homeschooling being introduced at the federal level? (Section 2)
the existing letter (linked below) concerning student eligibility (Section 4)
do you want the IRS to decide what is an allowable homeschooling expense under Paragraph (4) of section 530 (b) of the Internal Revenue Code of 1986? (section 6, Coverdell accounts) Before a defined expense for an activity can be allowed that activity, in this case homeschooling, probably ought to be defined. (Section 6)
"non-public education" is not defined (Section 7 concerning FERPA)
most scholarships are selective, it's one of the challenges of scholarship-searching (says this WebMissus, the mother of three college graduates and one 2nd year vet student)
(Section 8)

I wonder about the hashing-out because of the changes made concerning Combat Related Special Compensation (CRSC) a program intended to allow military retirees with combat-related disabilities to draw both their retirement pay and the VA compensation without the compensation being deducted from the retirement pay. There is a small benefit even with the deduction from the retirement pay because the compensation is untaxed. This is, of course, unrelated to homeschooling, but the example of follow-up on federal action is instructive.

The intention of CRSC was to provide full compensation to disabled retirees with combat-related injuries. After the legislation was approved, though, restrictions were placed on who is eligible. Now there are more hoops through which disabled retirees, people who fought for our country, must jump. HR 2732 is supposed to make receiving benefits easier for homeschoolers. Do you think there will be less restriction and fewer hoops for families than for disabled military retirees?

Military homeschoolers have enough challenges before them with each PCS to a new state. Will you move to Ft. Drum, NY this time? Minot AFB, ND? Carlisle Barracks, PA? Fat chance of landing NSB New London, CT unless your sponsor is a submariner. Don't let more legal hurdles, as has happened with public education, be placed in your way through federal legislation of homeschooling. Write your Representative or Senator. Email is iffy, letters are delayed, long-distance calls can be expensive. A postcard with a short list of your concerns on it may be the easiest way to communicate your concerns.

Search for bill (type HR 2732 into the search box) [note: This applies only to the 2003 legislation. For the 2005 legislation, type in HR 3753, or S 1691]

More Federal Legislation on the Docket

Dec 2003: Press release from the National Home Education Legal Defense (NHELD) opposing HR 2732/SB 1562 (HoNDA):
Please contact HSLDA on December 15, 2003, and tell them to protect YOUR interests. Tell them to withdraw this legislation and not to attempt to carve up this omnibus bill, HR2732/SB1562, by slipping this legislation into other bills as amendments. Remind them that they have been writing articles and telling members for years that federal legislation of education is dangerous and unconstitutional.

H.R. 2732 Should Be Defeated Connecticut Homeschool Network analysis of bill
HR 2732/SB 1562 (HoNDA) Information Bulletins from the Connecticut Homeschool Network
HR 2732 New Jersey Homeschool Association
The Homeschool Non-Discrimination Act Ozaukee (Wisconsin) Homeschoolers Network
Home School Non-Discrimination Act of 2003 Washington Natural Learning Association
Say No To The Federal Homeschool Legislation Larry and Susan Kaseman
The Camel's Nose in the Homeschooling Tent Ann Lahrson Fisher on section 6 of HR 2732
Homeschoolers Oppose HSLDA's Efforts ReliableAnswers.com
Defeat Federal Legislation The Greenspun Family
Don't Let the Feds Do To Homeschooling What They've Done for the Public Schools Chris O'Donnell blog
American Higher Education Report, page 14* explanation of why 'non-public schooling' will need to be defined at the federal level to reduce the 'unintended consequences'

College admission letter

A look at discussions about CRSC by disabled military retirees.

Federalization of Education since 1965
"Some see NCLB as the death knell of locally controlled public education and the emergence of a federalized "educational-industrial complex" that will standardize what children learn and how they learn it, what happens if they succeed and what happens if students fail, including the extensive privatization of schools. Others believe that this law is the driver for national school improvements, and thus, the salvation of a public education system that has failed recent generations of students, particularly those who are poor and/or of color. So, is this the end of the beginning for U.S. public education, or the beginning of the end, to paraphrase Winston Churchill."

Unintended Consequences: Privacy law hinders clergy's access to parishioners who are hospitalized

*PDF file. Requires Adobe Reader

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