Federal Protections for Homeschooling
By: U.S. Congress

Home educators are working for additional freedom in the 2003 Oregon legislative session. Some legislators have objected to giving homeschoolers more freedom because of the Federal legislation called No Child Left Behind Act. The Act does demand increased accountability for public schools, however, Congress made it clear that the Act does not apply to homeschools or private schools.

This is the language taken directly from HR 1, the No Child Left Behind Act (NCLBA). When you are lobbying in favor of freedom for home educators, you can share this information with your legislator if he or she has concerns about accountability requirements mandated by NCLBA.

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HR 1 SEC. 9506. PRIVATE, RELIGIOUS, AND HOME SCHOOLS.

(a) APPLICABILITY TO NONRECIPIENT PRIVATE SCHOOLS- Nothing in this Act shall be construed to affect any private school that does not receive funds or services under this Act, nor shall any student who attends a private school that does not receive funds or services under this Act be required to participate in any assessment referenced in this Act.

(b) APPLICABILITY TO HOME SCHOOLS- Nothing in this Act shall be construed to affect a home school, whether or not a home school is treated as a home school or a private school under State law, nor shall any student schooled at home be required to participate in any assessment referenced in this Act.

(c) RULE OF CONSTRUCTION ON PROHIBITION OF FEDERAL CONTROL OVER NONPUBLIC SCHOOLS- Nothing in this Act shall be construed to permit, allow, encourage, or authorize any Federal control over any aspect of any private, religious, or home school, whether or not a home school is treated as a private school or home school under State law. This section shall not be construed to bar private, religious, or home schools from participation in programs or services under this Act.

(d) RULE OF CONSTRUCTION ON STATE AND LOCAL EDUCATIONAL AGENCY MANDATES- Nothing in this Act shall be construed to require any State educational agency or local educational agency that receives funds under this Act to mandate, direct, or control the curriculum of a private or home school, regardless or whether or not a home school is treated as a private school under state law, nor shall any funds under this Act be used for this purpose.

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You can read more about this protection for home educators on Home School Legal Defense Association's web site. You can also follow links on HSLDA's web site to the actual wording of the bill. (The link to the wording is at the bottom of the summary on HR 1. Section 9506 is near the end of the bill.)


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