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From the HSLDA E-lert Service...
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February 14, 2008

Nebraska--More Action Needed to Oppose L.B. 1141

Dear HSLDA Members and Friends:

Despite Governor Dave Heineman's promise to veto L.B. 1141 if it reaches his desk, Nebraska homeschoolers still have work to do to defeat this bill. Because the Senate can override a governor's veto, it is essential that you to communicate to your legislators your opposition to L.B. 1141.

At this time, it appears that L.B. 1141 will be voted out of the Education Committee and debated in the full Senate. HSLDA is working with NCHEA (Nebraska Christian Home Educator's Association) to defeat this bill, and we need your help!

ACTION REQUESTED

Contact the Education Committee members who have not committed to vote against L.B. 1141. Respectfully ask the senator to oppose L.B. 1141. In your own words, you can tell the senator or his staff that:

"Homeschooling in Nebraska is working fine and no new laws or regulations are needed. Contrary to what some public officials have said, the state already has all the tools needed to ensure that children in Nebraska are being educated. Nebraska is one of 22 states that have low regulation. The current approach has worked well for 24 years and there is no credible evidence that would suggest further regulation is needed."

Request the senator's response in writing. If a senator writes or tells you that he will vote against L.B. 1141, please send a copy of that letter or email to NCHEA at nchea@nchea.net.

Contact your senator (find your senator using HSLDA's Legislative Toolbox at http://www.hslda.org/toolbox ) and do the same as above. The following senators have indicated that they will vote against L.B. 1141: Carroll Burling, Tom Carlson, Mark Christensen, Phil Erdman, Mike Friend, Tony Fulton, Tim Gay, Lavon Heidemann, Gail Kopplin, Scott Lautenbaugh, Rich Pahls, and Dwite Petersen. Please send them a note of thanks.

Plan to attend the Education Committee's hearing on L.B. 1141 on Tuesday, February 26, 2008. (HSLDA Attorney Mike Donnelly will be there to testify.) There will be a limited amount of time for each side to present its position on the bill. Each individual testifying may be limited to 3-5 minutes, and not everyone who attends will be able to testify. However, even if you do not testify against the bill, your presence will demonstrate your opposition.

The Education Committee's contact information is as follows:

Senator Ron Raikes, Chair
Phone: (402) 471-2731
Email: rraikes@leg.ne.gov

Senator Gail Kopplin, Vice Chair (opposes the bill)
Phone: (402) 471-2627
Email: gkopplin@leg.ne.gov

Senator Greg L. Adams
Phone: (402) 471-2756
Email: gadams@leg.ne.gov

Senator Brad Ashford
Phone: (402) 471-2622
Email: bashford@leg.ne.gov

Senator Bill Avery
Phone: (402) 471-2633
Email: bavery@leg.ne.gov

Senator Carroll Burling (opposes the bill)
Phone: (402) 471-2712
Email: cburling@leg.ne.gov

Senator Gwen Howard
Phone: (402) 471-2723
Email: ghoward@leg.ne.gov

Senator Joel T. Johnson
Phone: (402) 471-2726
Email: jjohnson@leg.ne.gov

For more information about this bill visit HSLDA's Nebraska page at http://www.hslda.org/hs/state/NE/default.asp. You can also visit NCHEA's website at www.nchea.org.

BACKGROUND

Consider the following messages in speaking with your Senator:

The state's interest in the education of children has been satisfied by homeschooling under Rules 12 and 13 for the last 24 years. The current law does not need to be fixed. Annual assessments are not needed, but even if they were, the proposed approach in L.B. 1141 would be overly burdensome, unfair and difficult to implement.

The idea that the state needs to know "what is going on" in homeschools demonstrates the wrong premise. The United States Supreme Court, in Parham v. JR, wrote that "fit parents are presumed to be doing what is in the best interests of their children." Nebraska state government should encourage homeschoolers--they not only save the state a lot of money, but they have also consistently demonstrated that they are doing a good job.

As a homeschooling parent, and I know many others like me, I take my role as instructor seriously. I work hard to ensure that my children learn the skills and knowledge necessary to become productive members of society. Furthermore, statistics back up that parent-instructors are doing their job--national studies have shown that homeschoolers perform better than public and private school students on national standardized tests.

Nebraska homeschools create productive and literate members of society who go to college, serve in the military, start companies, work, raise families and do a host of other things that add to society. While some have expressed a concern about "neglected children slipping through the cracks," there is no credible evidence suggesting that the proposed assessments are needed or would prevent this from occurring. The state already has all the tools it needs to identify and serve the needs of neglected children, even if these children somehow be in an exempt school setting.

If this bill passes, you will:

Have to submit to discretionary approval by the Commissioner of Education. > Gives the Department of Education ("NDE") approval authority over whether homeschoolers may file under Rule 12 or 13 and over their curriculum;

Have to submit to intrusive and ill-conceived annual assessments. > Requires an annual in person evaluation, at the parents' expense, but by a person of the Commissioner's choosing and at a time and place determined by the NDE. Parents may be allowed to observe as long as they are "under the supervision of the Commissioner or designated staff person."

> To avoid the NDE's required annual in person evaluation, a homeschooling parent would have to submit extensive documentation to a certified and approved teacher, including a complete written record of all the educational activities a child has been involved in and a portfolio of the student's work, and the results of any assessments conducted. And even then, the teacher's positive report would merely create a "presumption" that adequate progress was being made.

> Requires that assessments be conducted against standards created and approved by the NDE and based on age/grade levels of their peers in public schools;

Have to submit detailed attendance records every year. > Requires homeschoolers to submit attendance records annually to the Nebraska Department of Education ("NDE");

Have to test before you start. > Requires first time homeschooled students to take an NDE-approved test for "baseline educational data" (presumably this test is to be used by the NDE to determine whether or not "progress has been achieved");

Give the Commissioner authority to hold your kids hostage in public schools at his discretion. > Require homeschooled children to attend an accredited public or private school if they do not make adequate progress as defined by the NDE and would prevent the child from being homeschooled until the NDE approves.

For research in support of homeschooling go to http://www.hslda.org/research

Thank you for your work to preserve homeschooling freedom in Nebraska!

Very truly yours,

Michael P. Donnelly, Esq.
HSLDA Staff Attorney

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