13 - HSLDA
Transcription
13 - HSLDA
HSLDA ® THE HOME SCHOOL COURT REPORT FIRST QUARTER 2016 | VOL. 32, NO. 1 Head Start to where? Research casts doubt on mandatory preschool Corporate interest behind Common Core 13 HSLDA can save me money? 32 TABLE OF CONTENTS FIRST QUARTER 2016 | VOL. 32, NO. 1 HSLDA ® n FEATURES 8 |COVER STORY | Head Start to where? Research casts doubt on federal early childhood programs Publisher HSLDA Chairman Michael P. Farris, JD, LLM President J. Michael Smith, Esq. 18 |SPECIAL FEATURE | Welcome (back) Dan Beasley! Editor Suzanne Stephens Assistant Editors Grace Matte, Peter Schellhase, Jonathan Bales, Ethan Weitz Graphic Designers Todd Metzgar, Keith Ludlow n COLUMNS & DEPARTMENTS HSLDA Attorneys Michael P. Farris, J. Michael Smith, Scott A. Woodruff, Darren A. Jones, James R. Mason III, Thomas J. Schmidt, Michael P. Donnelly, William A. Estrada, Peter K. Kamakawiwoole, Daniel T. Beasley Address P.O. Box 3000, Purcellville, VA 20134 Shipping Address One Patrick Henry Circle, Purcellville, VA 20132 Phone 540-338-5600 Fax 540-338-2733 Website hslda.org Email courtreport@hslda.org Disclaimer The articles contained in this publication have been prepared for and are intended to provide information that may be useful to members of the Home School Legal Defense Association. The Association does not necessarily warrant this information. The reader must evaluate this information in light of the unique circumstances of any particular situation and must determine independently the applicability of this information thereto. Copyright © 2016 by Home School Legal Defense Association. The Home School Court Report (ISSN 1539-3747) (USPS 020294) is published quarterly by Home School Legal Defense Association, One Patrick Henry Circle, Purcellville, VA 20132-3197. Periodical postage paid at Purcellville, VA, and additional entries. Postmaster: Send address changes to The Home School Court Report, P.O. Box 3000, Purcellville, VA 20134-9000. Scripture Version Unless otherwise noted, all Scripture quotations are from the NKJV. Columnists The views of guest columnists do not necessarily reflect the views of HSLDA. Article Submissions See Court Report guidelines at hslda.org/articleguidelines. Advertisers Call Advertising at 540338-8605, visit hslda.org/ads, or email ads@hslda.org. 4 |HSLDA STORE | High school transcript service + Student and teacher photo IDs + Debate resources + 2016 graduation gear 6 6 |FROM THE PRESIDENT | Best time to learn? When your child is ready! 13 |FEDERAL RELATIONS | When education is all about the money, not the kids 13 16 |LITIGATION | Judge: Mother should keep kids (Minnesota—In re: D Family) + Justice for homeschool mom (Pennsylvania— In re: H Family) 21 |STATE HIGHLIGHTS | Alabama [21] + California [22] + Delaware, Florida [23] + Indiana [24] + Kentucky [25] + New Jersey [26] + New York [27] + Oklahoma [28] + South Dakota [29] + Texas, Virginia [30] + Wisconsin [31] 18 32 |NOTES FOR MEMBERS | A panoply of discounts for members 34 |TODDLERS TO TWEENS | Reading, writing, and listening—building the foundation + Reading resources [35] 37 |SPECIAL NEEDS & STRUGGLING LEARNERS | Homeschooling: Our wild ride + Meet Kristi Horner [38] 37 39 |HOME SCHOOL FOUNDATION | Beloved skeptics + What is HSF? n AND THE REST ABOUT THE COVER 7 |ADVERTISERS INDEX 17 |ACTIVE CASES 21 |HSLDA MEMBERS’ LEGAL There’s been increased federal and state pressure for lower compulsory attendance ages and early education programs. INQUIRIES MAP 22 |A CONTRARIO SENSU 33 |FROM OUR MEMBERS Thoughts on this issue of the Court Report? Email courtreport @hslda.org. HOME SCHOOL LEGAL DEFENSE ASSOCIATION | HSLDA.ORG 3 HSLDA STORE See additional resources at hslda.org/store . Use your HSLDA account number to receive member pricing. TAKE THE STRESS OUT Exclusive offer for Court Report readers: FREE 30-DAY TR “I can’t say what a weight has been lifted off my shoulders.” 5off $ IAL! High school transcripts SIMPLIFIED ANNUAL SERVICE: ONE STUDENT RETAIL MEMBER 16 $ 12 $ YOUR NEXT PURCHASE! Simply use code CRQ116 by 6/30/16. A small sample from our store! Much more online! UP TO 50% HSLDA member exclusive OFF! PHOTO IDS DEBATE HELP 2016 GRAD GEAR NEW PRODUCTS ADDED EVERY MONTH. VISIT HSLDA.ORG/STORE 4 THE HOME SCHOOL COURT REPORT | 1ST QUARTER 2016 OFTEN! l, Learn all about planning for high schoo st– record keeping and transcripts, and po high school options. Confidently prepare your student to thrive in high school—and beyond! Start your FREE course today! hslda.org/Q116THRIVE hslda.org/THRIVE FROM THE PRESIDENT Best time to learn? When your child is ready! A s Will Estrada points out in this issue’s cover story, pressure is mounting at the federal, state, and local levels to provide more funding for early childhood education. Although these programs would be voluntary, the next obvious step is to mandate lower compulsory attendance to ages 4, 3, and perhaps lower. This means that taxpayers could be paying for “education” for children beginning almost at birth. Every year, HSLDA fights the efforts of states to lower their compulsory attendance ages. We don’t tell parents how to teach their children or when they should start by MIKE SMITH formal education. Experience and research tell us that HSLDA President many children are simply not ready for formal education at age 5, 6, or even higher. However, we strongly believe that parents should be able to decide when their child is ready for formal education. Our family began homeschooling because we experienced this issue of readiness firsthand. We went through the disappointment, and even failure, of our decision to pursue “the earlier the better” educational options for our children. In the midst of trying to figure out what to do about our failed choice, we heard a James Dobson radio program, Focus on the Family. The guests, Dr. Raymond Moore and his wife Dorothy, had compiled research regarding early childhood education. In their research, they focused on how children learn best and discussed the optimal age for formal learning. They also addressed the question of whether a child’s learning experience can be harmed by starting formal education too early, especially in the area of reading. Elizabeth and I look back to this program as a pivotal influence on our choice to begin homeschooling our children. Incidentally, when I’ve shared our experience with homeschoolers across the country, I’ve found that many pioneering homeschool families heard that same Dobson radio interview. These folks, some of whom are homeschool leaders today, point to that program as the beginning of their journey into homeschooling. Certainly, that interview helped to catapult the modern homeschool movement into a new phase of nationwide growth. The Moores’ work in early childhood education resulted in two books on the issue of readiness: School Can 6 THE HOME SCHOOL COURT REPORT | 1ST QUARTER 2016 Wait and Better Late than Early. When the couple started their initial research, they were not interested in homeschooling. They simply wanted to explore the impact of formal education on children in their early years. I remember clearly what the Moores said that impacted me that day. Rather than “the earlier the better,” they said that starting formal education later was better for most children. Their research demonstrated that many children are harmed by early childhood education experiences. And most children would be better off if they did not start formal education until 7 or 8 years of age. They also shared that, on average, boys tend to be two to three years behind girls in their readiness for school. Ladies, the good news is that we now know that between 45 and 50 years of age, the little boys tend to catch up. ( Just kidding!) The Moores also said that many of the families who decided to delay their children’s formal education but used informal education at home in the meantime continued to homeschool as the children grew older. Because of the excellent education and socialization they observed in these families, the Moores became advocates for homeschooling and convinced many families to teach their own children. Here are some of the other facts and conclusions published in the Moores’ books: ▶ Research-based data suggests that, Rather than “the earlier the better,” the Moores’ research demonstrated that many children are harmed by early childhood education experiences. whenever possible, parents should be their children’s only regular teachers or caregivers until the child is at least 8 to 10 years of age. ▶Until he turns at least 8 or 9, a child’s central nervous system may not be ready for the sustained high cortical effort that enables him to learn basic academic skills at a quality level. ▶Research demonstrates that normal children, frustrated by their inability to read with understanding, often turn away from reading by grades 2, 3, or 4, and become apathetic toward school. ▶ One study supports the idea that delaying learning until age 8 can greatly reduce reading disabilities. ▶A study by William Rohwer observed that the earlier children go to school, the more negative their attitudes towards schooling are. ▶Curriculum choices should be designed around and support how the child learns best. The Moores’ research is now older than the average homeschooling parent, but recent data and research continue to support their conclusions, as Will’s story in this issue shows. You have already made a smart choice to teach your children at home. However, if you are having trouble getting your youngsters interested in learning, some of this may have to do with their age and maturity. When we started homeschooling, the Moores’ books helped us understand our children’s needs, gifts, readiness, and educational options. They may be helpful to you as well. Finally, let’s continue to remember that all of our children are different and each one deserves an individualized education. What’s good for the goose may not be good for the gander. Happy homeschooling! n ADVERTISERS INDEX Advertising with us CONTACT | Call Advertising at 540-338-8605, visit hslda.org/ads or email ads@hslda.org. , DISCLAIMER | The appearance of advertisements in the Court Report does not imply recommendation or endorsement by Home School Legal Defense Association, and the opinions expressed by advertisers do not necessarily reflect the views of HSLDA. Use of any information, product, or service herein advertised is voluntary, and reliance upon it should only be undertaken after independent review. Advertisers in this issue Evangelical Christian Credit Union............................................................ 40 HSLDA’s Generation Joshua........................................................................36 HSLDA’s Homeschool Heartbeat............................................................... 14 HSLDA Online Academy..............................................................................28 HSLDA Resources................................................................................ 5, 14, 32 Liberty University School of Law.................................................................13 Patrick Henry College.................................................................................. 27 Well Planned Gal........................................................................................... 2 HOME SCHOOL LEGAL DEFENSE ASSOCIATION | HSLDA.ORG 7 COVER STORY © ISTOCKPHOTO Hea ad Start to where? Research casts doubt on federal early childhood programs I t had been a long morning of testifying before the United States House Education Committee about a home visitation bill pending before Congress. Nearly all of the witnesses had urged Congress to approve H.R. 2343, the subtly-titled “Education Begins At Home Act.” The bill proposed millions more dollars of federal spending for parent training programs, in which government workers would enter homes to offer to train parents on how to care for their kids. My testimony alone urged the committee to reject the bill. From the raised dais, California representative Lynn Woolsey, a member of the committee, looked over her reading glasses like Meryl Streep in The Devil Wears Prada and said, “Quality education, health care, [and] support services for parents are such important programs. They need to be expanded, and every child and every parent needs to have access so that we can ensure that every single one of these little kids that are born in the United States of America has an opportunity to be successful.” She paused, then—glaring directly at me—began a severe cross-examination of HSLDA’s concerns with home visitation programs that, in her opinion, were simply helping parents better raise their children. Congresswoman Woolsey’s declaration is the rallying cry for every local, state, and federal program that seeks to institutionalize children at earlier and earlier ages. Kids are too important for their education to be left up to parents, they say. They need government education, health care, and support services to succeed. Beneath this rallying cry lies a dark fact: many of those who call for government early childhood education programs simply do not trust parents. They believe that parents are unable to raise, educate, or even care for their children. And the explosion in growth of local, state, and federal early childhood education programs is directly related to this mistrust. It’s important to say up front that HSLDA is not taking a position on whether early childhood education is necessarily bad or good as such. Every child is different, and formal learning readiness might be age 4 for one child and age 7 for another. What works well for one child may not work at all for another child. We strongly believe that parents—not government bureaucrats—are best suited to decide what is best for their children, and so parents should have the ability to choose whatever options work best for each child. Furthermore, we have grave concerns about the growth of government-funded and government-controlled early childhood education programs. by WILLIAM A. ESTRADA HSLDA Staff Attorney and Director of Federal Relations n The history of government involvement in early education Local and state government involvement in K–12 education has a long history, going back in the United States all the way to the Massachusetts Bay Colony and the “Old Deluder Satan” act of 1647. However, there was no concerted push on early education until 1965. Indeed, the compulsory attendance laws that came into vogue in the early 20th century (against which parents fought back in powerful cases like Pierce v. Society of Sisters that enshrined parental rights) were just that: laws mandating that children over a certain age had to attend school. Most compulsory attendance laws did not take effect until age 8 or older. That all changed in 1965, when Project Head Start was launched as part of President Lyndon Johnson’s “Great Society” program. Head Start used federal tax dollars to fund early childhood education programs. All of a HOME SCHOOL LEGAL DEFENSE ASSOCIATION | HSLDA.ORG 9 sudden, children began to be institutionalized into early education programs at younger and younger ages. n What’s wrong with federal early education programs? Not everyone agreed that the federal government should pressure states to put children into early education. Dr. Raymond Moore wrote two books—Better Late Than Early in 1975 and School Can Wait in 1979—warning parents about institutionalized early education. But his was a lonely voice. More and more states chose to institute early childhood education programs and lower the age of compulsory attendance. Today, most states require children to begin school at age 5 or 6. It would be more difficult to oppose government involvement in early childhood education if the hard facts showed that such programs are beneficial for children. But amazingly, study after study has shown that young children who are institutionalized at too early an age suffer problems as they mature. For an overview of the latest research, news, and legislation on early childhood education, visit hslda.org/earlyed . Recently a new study was released which, in an honest world, would have spelled the beginning of the end of government involvement in early childhood education. The study was conducted by several researchers, including Jonathan Gruber, one of the so-called “architects” of the Affordable Care Act (“Obamacare”). It was published by the National Bureau of Economic Research in Cambridge, Massachusetts, and focused on the effects of a government childcare program in Quebec, Canada. The program, introduced in 1997, provides low-cost childcare for children under age 5. The study found that young children who participated in the program suffered long-term social and behavioral effects. Looking at the program’s long-term effects, the study found that for children of all ages, the program had a lasting negative impact on non-cognitive skills, but no uniform impact on cognitive skills. Additionally, children who participated in the childcare program had significantly higher levels of anxiety and aggression. These negative effects persisted into the grade school years, and in many instances worsened as children grew older. With regard to anxiety, the negative impact was more than twice as great among 5- to 9-yearolds as among 2- to 3-year-olds, and aggression was 50% greater. There was also a significant increase in hyperactivity among older children. And the study found that children who had been in the childcare program were 10 THE HOME SCHOOL COURT REPORT | 1ST QUARTER 2016 less likely to get along with their teachers. Once reaching the preteen and teen years, children who had participated in the childcare program demonstrated a worsening of self-reported satisfaction with life and health, and a sharp increase in criminal behavior, compared to their peers. Two measures of criminality were used: accusations and convictions. The researchers focused on four crimes: personal, property, drug convictions, and other criminal code convictions. Those teens who had participated in the childcare program had higher differential crime rates at every age, and showed a greater number of both accusations and convictions. The impact was largest in the “other criminal code convictions” category. The criminal effects were especially concentrated in boys. The authors of the study concluded that it would take further studies to determine whether or not the observed negative impacts apply only to the Quebec program, or to early childcare programs in general. But these results are remarkably similar to the findings of numerous studies that have been conducted on the U.S. Head Start program over the years. Such studies have indicated that although children who participate in Head Start may have a temporary advantage heading into kindergarten, that advantage evaporates by first grade, when children who did not participate in Head Start perform at the same level as Head Start participants.1 And where social development is concerned, teachers reported that children who had participated in Head Start were less socially welladjusted than children who had not participated in it.2 A study released by the U.S. Department of Health and Human Services in October 2012 said, “Looking across the full study period, from the beginning of Head Start through 3rd grade, the evidence is clear that access to Head Start . . . had few impacts on children in kindergarten through 3rd grade. . . . In summary, there were initial positive impacts from having access to Head Start, but by the end of 3rd grade there were very few impacts found for either cohort in any of the four domains of cognitive, social-emotional, health and parenting practices. The few impacts that were found did not show a clear pattern of favorable or unfavorable impacts for children.”3 n Educational experts oppose mandatory preschool Edward Zigler, Sterling Professor Emeritus of Psychology at Yale University and the first administrator of Head Start, is a strong supporter of government preschool programs. Yet he understands that preschool is an option that should be left to the discretion of parents. D START © OFFICE OF HEA 1965 Project Head Start was launched as part of President Lyndon Johnson’s “Great Society” program. “Most two-year-olds, and indeed, many threes, simply are not ready for formal schooling,” Zigler writes. “In the normal course of development, the physical, cognitive, and emotional skills necessary for school emerge at various rates and times in each child. The child who has not yet achieved one developmental activity or another will be disadvantaged by premature school entry. Children whose first exposure to school brings negative experiences may be doomed to a negative—and lasting—attitude toward education. It is best to make school for such young children a voluntary matter to be chosen when parents and educators agree that it is in a child’s best interests.” Zigler continues, “Another fact that speaks strongly for voluntary preschool is the importance of parental cooperation and participation. The literature is very clear that effective preschool programs feature a strong partnership with parents. Forcing them to put their very young children into classrooms is not the way to start a partnership. This is particularly true among parents who have low educational achievement and bad memories of their own school years. If they’re invited rather than forced rather into their child’s schooling, they are more likely to become invested in their child’s learning in preschool and later grades.”4 It is also important to consider the examples of Georgia and Oklahoma. Although Georgia has offered universal preschool since 1993 and Oklahoma since 1998, there has been no improvement in academic achievement in either state since the program began, according to the National Assessment of Education Progress. In fact, Oklahoma has seen its scores drop.5 In their book From Neurons to Neighborhoods, psychologists Jack Shonkoff and Deborah Phillip say quality of education, not how soon it begins, should be the emphasis, and it is not necessary to educate children as young as preschool age: “Assertions that the die has been cast by the time the child enters school are not supported by neuroscience evidence and can create unwarranted pessimism about the potential efficacy of interventions that are initiated after the preschool years.”6 These studies further demonstrate the potential harm posed by government-mandated preschool. Although many working parents find it necessary to put their children in preschool or daycare, no parent should be required to do so. n Parents are better than programs When taken together with the success of all models of homeschooling—from unschooling to rigidly curriculum-based homeschooling, and everything in between—all this research yields a clear conclusion: every child is different. Parents know what is best for their children, and the beauty of homeschooling is it allows them to tailor their instruction method to each child. The growth of ever more institutionalized, highly regulated education is hurting our children. They are losing the ability to play, to explore, and to learn. This should be common sense. Politicians across the political spectrum should be able to agree on these facts. But tragically, both Republicans and Democrats at the federal, state, and local levels continue instead to push for increased government involvement in early childhood education. » continue reading on page 12 FOOTNOTES HeadStart Impact Study Final Report (2010) http://www.acf.hhs.gov/ sites/default/files/opre/ hs_impact_study_final.pdf p. 3–51 1 2 Ibid, p. 5–3 Michael Puma Et Al., Office Of Planning, Research, & Evaluation, Third Grade Follow-Up To The Head Start Impact Study Final Report: Executive Summary iv-v (2012) available at http://www.acf.hhs.gov/sites/default/ files/opre/head_start_executive_summary.pdf 3 Scott Woodruff, Woodruff Letter to Councilman Chavous on Mandatory Pre-school (2002) http://www.hslda.org/ hs/state/dc/200207180.asp 4 Lindsey M. Burke, The Heritage Foundation, “Does Universal Preschool Improve Learning? Lessons from Georgia and Oklahoma 1” (2009), available at http://www.heritage.org/research/reports/2009/05/does-universalpreschool-improve-learning-lessons-from-georgia-and-oklahoma?ac=1 5 Jack Shonkoff and Deborah Phillips, ed., From Neurons to Neighborhoods: The Science of Early Childhood Development, National Academy Press, 2000, p. 216 6 HOME SCHOOL LEGAL DEFENSE ASSOCIATION | HSLDA.ORG 11 n What does the future hold? The good news, if any, is that all of these government early education programs are voluntary—at least for now. HSLDA is concerned that government officials may coerce or pressure families into being involved in home visitation programs, or other government programs, but the law is clear: these are all voluntary programs. We remain committed to defending any HSLDA member family who is ever being pressured to accept government help. Our concerns for the future are twofold. First, we are deeply worried that as these programs expand at the fed- 12 THE HOME SCHOOL COURT REPORT | 1ST QUARTER 2016 TOC K © IS HSLDA and other organizations had long been successful in stopping the federal government from getting involved in home visitation programs. That all changed when Congress passed the Affordable Care Act in 2010. Tucked into the massive bill was a provision called the Maternal, Infant, and Early Childhood Home Visiting program. This program is aimed at providing federal funds to states so that they can send social workers into homes to teach parents how to raise their babies. Forget the village— does it really take a nation to raise a child? Since 2010, there has been a radical expansion of federal involvement in early childhood education, home visiting programs, and other efforts that target families from the moment a child is born. Earlier this year, the U.S. Department of Education and the U.S. Department of Health and Human Services began finalizing a draft policy statement on “family engagement from the early years to the early grades.” Here’s how the draft policy statement described its purpose: “We refer to ‘family engagement’ as the systematic inclusion of families as partners in children’s development, learning, and wellness. Engagement is enabled by positive relationships between families and staff in the institutions where children learn. The goal of family engagement is to support family wellness and children’s learning and development.” Further on, the draft policy statement says this: “It is the position of the Departments that all early childhood programs and schools recognize families as equal partners.” How is it possible to talk about “including families as partners” in an activity which is the responsibility of parents to begin with? When families and parents are reduced to mere “equal partners” with government agencies, schools, and institutions, it threatens parental rights. And that is why we are so deeply concerned about the march toward more government involvement in early childhood education. PHO TO n Home visitation under Obamacare Parents—not government bureaucrats—are best suited to decide what is best for their children. eral, state, and local levels, there will be increased pressure to lower the age of compulsory attendance to age 4, 3, or even lower. Every year, HSLDA fights to defeat attempts in numerous states to lower the age of compulsory attendance. In 2015, we helped to persuade California Governor Jerry Brown to veto A.B. 1444, a bill which would have mandated that every child attend kindergarten, effectively lowering the compulsory attendance age from 6 to 5 in California. Your membership in HSLDA enables us to partner with state and local homeschool support groups in all U.S. states and territories to defeat attempts to lower the age of compulsory attendance and increase government control over children at ever younger ages. Our second concern is that federal, state, and local policymakers will try to make home visitation and early childhood education programs mandatory. This hasn’t happened yet. But it behooves us to continue to educate parents and policymakers about the problems with this kind of governmental intervention, and to closely watch what policies are being drafted. Some homeschooling parents may decide that their children will benefit from a home visitation program or a government-funded early childhood education program. Other parents may decide an early childhood education program is beneficial for their children, but choose to only use a private program and pay for it themselves. Still other parents may decide that they are best equipped to provide all of their children’s care. Regardless, these parents know their children best, and they, not “equal partners” in the form of government officials, should be the ones who make that decision. n FEDERAL RELATIONS When education is all about the money, not the kids W ith the release of journalist James O’Keefe’s startling undercover video in January, concerns over Common Core’s true intentions are adding fuel to the already controversial national debate on education. The video featured a prominent publishing executive claiming to “hate kids” and declaring Common Core to be a moneymaking scheme. “What, are you crazy? It’s all about the money,” Houghton-Mifflin account manager Diane Barrow exclaimed in front of hidden cameras. Then, out of the blue, she made a jab at homeschooling parents: “Homeschoolers, I’m sorry, did you go to school to be a teacher? Then don’t teach your kids.” Understandably, the video ignited a firestorm of controversy amongst parents nationwide, as they recoiled at the idea that their child’s classroom is an experimental lab for corporate interests. Corporate lobbyists have tremendous power to shape federal education policy—but what will this mean for the future of children across the country? n New books, new tests, new profits It’s no secret that educational corporations are profiting heavily from the Common Core. Originally, all but five states adopted the new standards, creating an almost nationwide demand for required “Common Core–aligned” curricula as well as assessment materials. Now, hoping to surpass their current $9 billion revenue stream, big educational publishers—such as Pearson, CTB/McGraw-Hill, and Houghton-Mifflin—are looking to partner with local and state governments to provide massive quantities of new textbooks and other materials to classrooms within their jurisdictions. by LAUREN MITCHELL HSLDA Federal Relations legislative assistant and a senior at Patrick Henry College HOME SCHOOL LEGAL DEFENSE ASSOCIATION | HSLDA.ORG 13 ▶ CHOOSE YOUR NEWS! Tell us the kind of information you want to receive from us: Homeschooling news & updates Teaching toddlers through tweens Planning for high school & beyond Helping your struggling learner flourish Hearing about new opportunities & offers And your choice of many more topics! Select your preferences at hslda.org/subscribe HSLDA presents HOMESCHOOL HEARTBEAT podcast and radio broadcast LEARN MORE AT HOMESCHOOLHEARTBEAT.ORG 14 THE HOME SCHOOL COURT REPORT | 1ST QUARTER 2016 In New York, for example, Pearson has a $32 million contract to administer “testing services” through the state education department, as well as five other Race to the Top contracts. This positions Pearson as the main provider in the Empire State of assessments to measure Common Core’s “college- and career-ready” standards. The company has bragged to investors that its partnership with PARCC (a Common Core consortium) earned Pearson a contract to help deliver Common Core tests to over 23 states, and that it expects to expand with further reforms.1 With the sole claim that their curricula are “Common Core–aligned,” these companies are making millions in new profits, even when their rebranded curriculum is virtually identical to the previous non-aligned editions. A study by William Schmidt, professor of education at Michigan State University, found that over 700 textbooks used by over 60% of children in the United States were hardly changed at all in the new Common Core alignment versions.2 In other similar For more information studies, experts found that the “Newly Common Core, pleas Aligned for Common Core” sticker simply meant a new look for the textbook, rather than new and improved content. What does this mean for children across America? For many, it means that their families are paying millions for nothing at all. The realization that new standards and assessments for students equal new profits has prompted Pearson to also create a new set of assessments for teachers. Their new edTPA tests have been adopted by seven states so far and other states are apt to follow. By spending millions of dollars in lobbying over the past several years, Pearson and other educational corporations have effectively bought policies that favor their own profits—essentially turning education policy into an investment for big publishing. n Following the money trail The Bill and Melinda Gates Foundation has long been known for its aggressive education reform agenda that focuses on collecting detailed student data. The foundation poured millions of dollars into the creation of the Common Core, beginning in 2007 when it gave $27 million to the NGA (National Governors Association), CCSSO (Council of Chief State School Officials), and Achieve (an organization founded in 1996 by a group of corporate leaders to push policy reform through the states) to help develop and advance common state standards and student data systems.3 The Gates Foundation continued its involvement in education policy by giving Big publishers and corporate interests shouldn’t profit from your hard-earned tax dollars—and lobbyists shouldn’t control what your child learns. over $12 million to CCSSO in 2009 and $2.1 million to NGA from 2009 to 2011.4 NGA and CCSSO partnered in June 2009 to begin drafting the Common Core State Standards, and Achieve evaluated and promoted the standards.5 As Common Core’s key financier, the Gates Foundation has millions of dollars at stake in Common Core testing technology and computers. Microsoft’s website urges schools to “migrate to the new Windows as soon n about how you can help stop the se visit hslda.org/commoncore . as possible,” citing statistics from Smarter Balanced, a Common Core consortium.6 n It’s time for answers FOOTNOTES Pearson PLC, For Traders, 2013, accessed April 14, 2016, www.4-traders .com/PEARSON-PLC-4000637/news/Pearson-plc-Pearson-2012-results16297110/ 1 © HS A LD /G EN NY C RI HA RD SO N The undercover video demonstrates why Common Core isn’t working: corporate interest, not the child’s interest, is driving its approach to education policy. Parents across the country are realizing this, which has made the anti-Common Core movement one of the fastest-growing grassroots efforts in the United States, with almost a quarter million students opting out of assessments in the state of California alone, and another quarter million students expected to stage protests in New York. States are dropping out of the Common Core tests left and right, halving consortia participation. With policymakers waking up to the truth, now is the time to reject Common Core and demand answers from politicians in Washington. Big publishers and corporate interests shouldn’t profit from your hardearned tax dollars—and lobbyists shouldn’t control what your child learns. n “Research Questions Common-Core Claims by Publishers,” Education Week, March 3, 2014, accessed April 4, 2016, www.edweek.org/ew/articles/2014/ 03/05/23textbooks_ep.h33.html?intc=mvs 2 Emmett McGroarty and Jane Robbins, “Controlling Education from the Top: Why Common Core Is Bad for America,” A Pioneer Institute White Paper no. 87 (May 2012): 4. 3 See Council of Chief State School Officers, Financial Statements: Years Ended June 30, 2010 and 2009 (McLean: Goodman and Company, 2010), 11, accessed June 8, 2013, www.ccsso.org/Documents/2010/financials/CCSSO_financial _statements_FY2010.pdf ; “Awarded Grants,” Bill and Melinda Gates Foundation, accessed June 8, 2013, www.gatesfoundation.org/How-WeWork/Quick-Links/Grants-Database#q/k=national%20governors%20 association 4 This paragraph is adapted from an article on HSLDA’s Common Core microsite, “What is the Common Core?” accessed April 14, 2016, www.hslda. org/commoncore/Topic1.aspx 5 Valerie Strauss, “How Microsoft will make money from Common Core (despite what Bill Gates said),” The Washington Post, July 12, 2014, accessed April 14, 2016, www.washingtonpost.com/news/answer-sheet/wp/2014/ 07/12/how-microsoft-will-make-money-from-common-core-despitewhat-bill-gates-said/ 6 HOME SCHOOL LEGAL DEFENSE ASSOCIATION | HSLDA.ORG 15 LITIGATION Judge: Mother should keep kids A Minnesota social services investigator pursued a groundless allegation of educational neglect to an extreme conclusion—petitioning a court to remove two by DARREN homeschooled children from their mother. A. JONES The ordeal began when the mother received a phone call from the investigator, who wanted to come to her house and privately interview each of her children, based only on a tip that the kids weren’t in school. The mother contacted Home School Legal Defense Association for advice. Staff Attorney Tj Schmidt contacted the social worker concerning the mother’s compliance with the law. Sure enough, her homeschool paperwork had been correctly filed and acknowledged by the local school district. There were two problems with the allegations. First, one of the children was not even required to be in school yet, and the other had just reached the compulsory attendance age. Second, initial homeschool reports aren’t due until October 1. On HSLDA’s advice, the mother consented to a meeting three days later. She spoke with the investigator outside her home, allowed the investigator to speak with her children but not interview them privately, and showed her homeschool paperwork and curriculum outline. But after leaving the meeting, the social services investigator filed a petition the same day to take the children away from their mother. © BIGSTOCK MINNESOTA When the family received the Case: In re: D Family summons to appear in court, HSLDA Filed: October 13, 2015 immediately arranged for an attorney to represent them at their court hearing in October. At that hearing, the judge ruled that the children should stay in their mother’s custody—but instead of just dismissing the case, he set another hearing for November. With HSLDA’s help, the mother met with another investigator who was willing to listen. She demonstrated again that she had met all the state requirements for education. Before the next hearing, the department asked the court to dismiss the case. Based on this request, the judge dismissed the case and canceled the November hearing. n Justice for homeschool mom W hen is a non-homeschooler still a homeschooler? According to one public school district in Pennsylvania, whether you are currently by DARREN homeschooling is not as important as whether officials A. JONES want to charge you with truancy. This odd interpretation arose recently when HSLDA successfully defended a member in court. A single mother had fought with the local public school for years, trying to get proper services for her gifted and special needs sons. In the fall of 2014, she finally decided to try homeschooling her sons, so that she could give them the individual attention they needed. HSLDA assisted 16 THE HOME SCHOOL COURT REPORT | 1ST QUARTER 2016 PENNSYLVANIA her in filing the extra paperwork that Pennsylvania law requires for homesCase: In re: H Family chooling special needs students, and Filed: October 2, 2015 she began homeschooling her sons. In February 2015, the homeschooling mother found a local charter school that would both allow her to continue teaching her sons at home and provide the services that she had begged her local public school for. Thrilled with getting what she believed to be the best of both worlds, our member enrolled her sons. She showed the charter school evidence of work they had completed in the months of homeschooling, and the boys began their new regimen. The judge asked, “Did you ever call for a school board hearing when you didn’t get an evaluation?” The district representative sheepishly admitted he had not. ACTIVE CASES ALASKA | D Family v. Social Security Administration | J Family v. Social Security Administration But the school district did not want to give up so easily. At the end of the school year, even though the boys had been in a public charter school for four months, the school district wrote a letter demanding that the mother comply with the homeschool law and submit an evaluator’s report documenting their homeschooling progress. When she chose not to do so, since the boys were now public school students, the school district filed truancy charges against her. HSLDA represented the mother in court, since the charges were based exclusively on the time that she was homeschooling. At the trial, the school district representative told the judge that even though the boys were in school now, “she can’t get away with not filing an evaluation!” Our local counsel pointed out that Pennsylvania’s homeschool law requires school districts to set a hearing before the local school board if they are unsatisfied with the evaluation, rather than jumping right to truancy charges. He handed the judge a copy of the homeschool law with the administrative procedure highlighted. Turning to the school district representative, the judge asked, “Did you ever call for a school board hearing when you didn’t get an evaluation?” The district representative sheepishly admitted he had not. “Well, the law requires it,” stated the judge. “I’m finding her not guilty!” Outside the courtroom afterwards, the school district representative complained angrily to his attorney about the result. Our member, though, was delighted, as she and her boys left the courtroom to continue their schoolwork at home for the rest of the day. n ARKANSAS | R Family v. Department of Veterans Affairs | S Family v. Social Security Administration | State of Arkansas v. W Family | In re: W Family CALIFORNIA | Wilson, et al. v. Russo et al. GEORGIA | C Family v. Social Security Administration | D Family v. Social Security Administration | K Family v. Social Security Administration ILLINOIS | In re: H Family MICHIGAN | D Family v. Social Security Administration | D Family v. Social Security Administration | S Family v. Social Security Administration MISSOURI | In re: M Family MONTANA | A Family v. Social Security Administration NEW YORK | Batt v. Buccilli OHIO | B Family v. Social Security Administration | State of Ohio v. B Family | State of Ohio v. B Family OREGON | W Family v. Social Security Administration PENNSYLVANIA | Ferris v. Hershey Medical Center SOUTH CAROLINA | C Family v. River Bluff High School | S Family v. Social Security Administration TENNESSEE | In re: Y Family TEXAS | W Family v. Social Security Administration VIRGINIA | B Family v. Social Security Administration | D Family v. Social Security Administration | In re: F Family | Parker v. Austin, et al. | R Family v. Social Security Administration WASHINGTON | In re: S Family WEST VIRGINIA | C Family v. Social Security Administration WISCONSIN | In re: K Family HOME SCHOOL LEGAL DEFENSE ASSOCIATION | HSLDA.ORG 17 SPECIAL FEATURE WELCOME (back) DAN BEASLEY! H an interview by Peter Schellhase for the Court Report COURTESY OF THE FAMILY SLDA welcomes our new staff attorney Dan Beasley, who joined our legal team in December 2015. Dan is a homeschool graduate, just like Darren Jones, Tj Schmidt, Will Estrada, and Peter Kamakawiwoole, and he is now HSLDA’s fifth homeschooled attorney. Coincidentally, Beasley has the same initials as the attorney he was hired to replace, Dewitt T. Black, who retired in January. Although Black is fondly missed, having the same initials was not a prerequisite for the job. We sat down with Beasley to ask a few questions about him and his family, his homeschool experience growing up, and what it feels like to be back at HSLDA. What have the first few weeks at HSLDA been like? So far so good! It’s great to be back and see a lot of familiar faces, as well as some new ones. I’m definitely excited about working here! This isn’t your first time working at HSLDA. Tell us about your first job here. I was on the other side of the hall, working as a legal assistant. It was great because I was in law school at the time, and I was able to study law and then see it in practice. I learned so much working for Mike Donnelly— seeing how he handled school officials, negotiated, and wrote and edited letters. It was incredibly helpful, and a 18 THE HOME SCHOOL COURT REPORT | 1ST QUARTER 2016 lot of that practical experience translated into my time practicing law in Milwaukee. What are some of the top lessons about being a lawyer that you learned from Mike Donnelly? A big lesson I learned is how to handle adversarial contacts. Mike is very good at being friendly and cordial yet very firm at the same time. I would get to listen to a lot of his phone calls, and a lot of what I saw I later applied in private practice, when I would negotiate with other attorneys. There’s a way to be friendly and polite and try to be on the same team with the opposing attorney even though you have very different views on the particular issue at hand. Mike is very confident. He is an incredible advocate, very zealous for our members. Tell us a bit about how you got here. As a junior and senior in high school I took college classes from a local community college, and in the fall semester after I graduated from high school, I started law school. Then, a year later, I started working for HSLDA as a legal assistant. So you were working here at HSLDA while you were studying law? I worked here for four years, from July 2008 to June 2012. I started a week before finals, actually—one of the most stressful weeks of my life! It was pretty hectic, but I made it through. What did you do after you moved on from HSLDA in 2012? When I finished law school, I moved to Milwaukee and took a job with the DeLadurantey law office as an associate attorney. The firm handles a variety of civil cases—primarily bankruptcy and foreclosure—as well as miscellaneous civil practice. When I got there I was working almost exclusively in bankruptcy. Later I started to work on more foreclosure cases, and eventually I had a caseload of about 250–300 cases, most of them transactional bankruptcy cases. A couple years later I was put in charge of managing the business operations of the firm (a fairly small firm—about four attorneys and several office staff), as well as all the bankruptcy, foreclosure, and mediation cases. I also assisted with some of the litigation in a limited role. I loved being homeschooled. I’m grateful to my parents for the sacrifice and investment they made in my education. I was the third of nine, so I have two older brothers, two younger sisters, and four younger brothers. We were all homeschooled. My oldest brother is an engineer. He’s very good at math—sometimes he would tutor me! My next-oldest brother is a big reader—more into history, so I had helpful conversations with him, too. My whole family is very diverse with lots of different interests, but I just loved growing up with them, and being homeschooled allowed me to spend a lot more time with my siblings. I’d say they’re still my best friends today, aside from my wife, Bethany. My brothers and I would engage in all sorts of competition—almost any sport you can think of—basketball, football, baseball, Ping-Pong, Foosball. We also love board games. Settlers of Catan is probably my favorite, but my family also played a lot of Monopoly growing up. In general, when it comes to hobbies, for me it’s not so much about what I’m doing as it is about who I’m doing it with. Do you still play any sports? Yes, I try to keep a good balance, but I play basketball primarily—I used to play competitively in junior high and high school, and now I play recreationally. I also Homeschool graduates themselves, Dan and Bethany Beasley plan to homeschool their children Arianna (4) and Caden (2). enjoy ultimate Frisbee, football, racquetball, softball—almost anything involving competition. Last year and the year before I participated in Relay Iowa, which is a 339-mile run across the state of Iowa. I didn’t run that all myself—I ran with a team of 12 including a couple of my brothers, which was a lot of fun. We would run 3–5 mile increments and rest in between while a teammate ran. COURTESY OF THE FAMILY With you joining the ranks of the attorneys here at HSLDA, we now have five lawyers who are homeschool graduates. What was your homeschool experience like? Speaking of family, do you and Bethany have any children? Yes, our daughter Arianna is 4 and our son Caden is 2. I guess at those ages you wouldn’t be “homeschooling” proper; is that something you’re looking toward in the future? Yes, we’re definitely planning on homeschooling them. We’ve begun teaching Arianna some, certainly not anything too regimented or too academic at this time, but she’s learning her letters and she knows all her colors—actually she knows the whole alphabet and is beginning to read. She’s a huge bookworm. My wife is also a homeschool graduate and a big reader and it looks like she’s passed that along to our daughter. One time we caught Ari on video “reading” the dictionary. Bethany and I spend quite a lot of time reading to her and she HOME SCHOOL LEGAL DEFENSE ASSOCIATION | HSLDA.ORG 19 remembers a lot and loves reading, so we’re certainly not going to hold her back. Our son is more hands-on. He’s fascinated with climbing and moving in general. How do you think the landscape of homeschooling has changed since you were a student, and how has it remained the same? Alabama Alaska Arkansas Delaware Georgia Mississippi Montana Nebraska North Carolina North Dakota Pennsylvania Washington, DC Wisconsin Wyoming 20 THE HOME SCHOOL COURT REPORT | 1ST QUARTER 2016 COURTESY OF THE FAMILY DAN BEASLEY IS HSLDA’S CONTACT ATTORNEY FOR: Well it’s certainly grown a lot. It’s been cool to see the growth in my own life over the last two decades. When I was young and people found out I was homeschooled, they’d have all sorts of weird questions and odd looks: “Oh, so do you do school in your pajamas? Do you have any friends?” Now, if I’m traveling somewhere and the person next to me on the plane finds out that I’m homeschooled, it’s no big deal. They always know somebody—a neighbor or friend, or a brother, or a dog— who’s being homeschooled. It’s becoming normal. When I was young, there weren’t as many of us, but now there are so many people doing it for a variety of reasons. The other thing that’s changed is the amount of resources available. As a junior and senior in high school I was able to take classes from a local community college, but my younger siblings who are still in school are taking even more courses through a homeschool co-op. The primary education is still being done at home and directed by my parents of course, but there are a lot more resources available to help supplement the education that’s taking place at home. As far as what remains the same, I think homeschooling still provides parents with the ability to create or craft an education plan for each child that meets each child’s individual needs. They can custom-tailor the program of instruction to meet the child’s interests and skill levels in different activities. I saw this with my own brothers and sisters as well. In high school I took an interest in law, so my education looked different from that of my older brother, who went on to become an engineer. He was taking calculus and very advanced math. I took a fair amount of math, but once I realized it wasn’t going to be a real focus in my career path, my parents and I were able to adjust my education plan and incorporate things that would better fit with my career choices and my interests. The other thing that hasn’t changed with homeschooling is that it is, I think, one of the best ways for Christian parents to share their faith in Jesus Christ with their children and give them a day-to-day vision for the kind of people they should become—people who express kindness, compassion, faithfulness, graciousness, and self-regulation in their interactions with their family and their world. For Bethany and me, we want our children to become the kind of people who exemplify what Jesus summarized as the two greatest commandments in all of the Bible: “Love the Lord your God with all your heart and with all your soul and with all your mind,” and “Love your neighbor as yourself.” Homeschooling gives us the freedom to talk about the amazing transformative grace of God while studying math or literature, and it gives our children the opportunity to explore and embark on a life-changing relationship with the Savior as part of their learning experience—without the limitations of school regulations on faith-based speech and curriculum. One of the things that made me so excited to come back to HSLDA was the opportunity to participate in a movement that is exciting and brings so much hope and freedom. I’m so grateful to be part of that again. It’s great to be back! n Homeschooling gives us the freedom to talk about the amazing transformative grace of God while studying math or literature. STATE HIGHLIGHTS Oct.–Dec. 2015 members’ legal inquiries to HSLDA public school contact social service contacts State refuses private school registration H ome School Legal Defense Association members are reporting that the Alabama Department of Education (ALSDE) has prevented them from complying with state law, which states that private schools must annually register with the department. Attendance at a private school, either on-site or through a home program, is one of the legal options for parents conducting home instruction. Other options include attendance at a church school, or instruction by a private tutor who is a state-certified teacher. While two years ago through Act 2014-245 the legislature removed state oversight of private and church schools in several respects, it did not repeal statutes such as § 16-1-11 of the Alabama Code. This law requires private schools to register annually by October discrimination general legal questions 10 with ALSDE, and to complete “uniform blanks” (standardized forms) furnished by the department, “giving such statistics as relate to the number of pupils, the number of instructors, enrollment, attendance, course of study, length of term, cost of tuition, funds, value of property, and the general condition of the school.” But ALSDE personnel are advising HSLDA members that a private school providing home-based education is not required by law to register, and they are refusing to furnish home educators with access to the form necessary to do so. Home educators operating as private schools might prefer this potential reduction in state contact and red tape, but the laws remain on the books requiring them to submit certain information to the state. We are concerned that our members may be charged with truancy by DEWITT T. BLACK » continue reading on page 22 KEY Government contacts Discrimination General legal questions 2015 members’ NATIONWIDE Oct.–Dec. legal inquiries to HSLDA public school contacts + social service contacts + discrimination + general legal questions HOME SCHOOL LEGAL DEFENSE ASSOCIATION | HSLDA.ORG 21 » continue reading from page 22 if they fail to regard these laws. The department of education has no authority to change or disregard state law. HSLDA Senior Counsel Dewitt Black has written to the state superintendent of education, notifying him of the erroneous advice being dispensed, and asking him to instruct ALSDE personnel to stop preventing administrators of private schools (including homeschool parents) from registering their schools as required by state law. In the meantime, HSLDA has developed a form letter for use by our members, whereby they can notify the state superintendent of their good faith effort to comply with the law and the department’s refusal to permit them to do so. You can find the form letter at hslda.org/Q116AL . Oct.–Dec. 2015 members’ legal inquiries to HSLDA public school contacts social service contacts Bill tightens immunization rules, leaves homeschool exemption O n January 1, 2016, S.B. 277 became the law of the land for families in the Golden State. Governor Jerry Brown wasted no time in signing this by J. MICHAEL controversial legislation into law in June of last year. SMITH This surprised some observers who thought he might veto it, based in part on his earlier veto of A.B. 1444 (the A CONTRARIO SENSU {on the other hand} Send us your story about why homeschooling is the best! We are always looking for warm anecdotes and true stories to illustrate homeschooling’s humorous or poignant moments. All material printed in the Court Report will be credited, and the contributor will receive a $10 coupon for the HSLDA Store. Submissions may be edited for space. Please be aware that we cannot return photographs. Mail submissions to: Stories, HSLDA P.O. Box 3000 Purcellville, VA 20134 Or email us (include “Stories” in the subject line) at: ComDept@hslda.org 22 THE HOME SCHOOL COURT REPORT | 1ST QUARTER 2016 discrimination general legal questions mandatory kindergarten bill), when he stated that he “would prefer to let parents determine what is best for their children.” Under S.B. 277, parents who place their children in public and private schools with classroom-based instruction must have them immunized with the listed inoculations. They may no longer decline for reasons of “personal belief.” The only recourse left to families who object to the inoculations is the medical exemption, which is exceedingly rare. The bill also gives the California Department of Public Health authority to add “any other disease deemed appropriate by the department” to the list of mandatory inoculations without going through a legislative approval process. Fortunately for home-based private school families, an amendment was added to S.B. 277 before it passed that excludes home-based private school students from the immunization requirements. This has actually made exemptions from immunization easier for these families. Before this bill was passed, home-based private school students seeking an exemption were required to secure an authorized medical practitioner’s signature. Now, home-based private school parents who do not immunize their children, or who immunize selectively, no longer need to secure an authorized medical practitioner’s signature in order to be exempt from immunizations. S.B. 277 will be fully implemented in the 2016–2017 school year. Oct.–Dec. 2015 members’ legal inquiries to HSLDA public school contacts social service contact DOE backs down F ollowing Home School Legal Defense Association’s intervention on behalf of a member family, the Delaware Department of Education (DOE) has reversed its position that homeschooling parents must first register their children in public school before the parents are permitted to file the required homeschool pupil enrollment and end-of-year homeschool attendance reports with the state. In refusing to provide the parents with the forms necessary to file the reports, a DOE official had cited Delaware’s compulsory attendance statute, which states that parents with children of compulsory attendance age must enroll them in public school. HSLDA Senior Counsel Dewitt Black sent a letter to the official, pointing out that another state statute discrimination general legal questions by DEWITT T. expressly exempts homeschool students from public BLACK school enrollment. This prompted a letter to HSLDA from the DOE stating that the family’s homeschool would be “approved” and they would be permitted to file the reports if they would provide the department with two documents establishing their residency in Delaware. In a second letter, Black responded that there was no state law requiring persons operating a homeschool to submit proof of residency to the DOE. He further stated that this new requirement was just another unlawful obstacle created by the department for parents who were simply trying to obey the law by filing the enrollment and attendance reports. Although the DOE did not reply to HSLDA’s latest letter, homeschools are now being permitted to file the required reports without meeting any of the conditions previously imposed by the department. Oct.–Dec. 2015 members’ legal inquiries to HSLDA public school contacts social service contacts HSLDA helps aspiring pilot spread his wings H aving dreamt of becoming a pilot since he was a little boy, a recent homeschool graduate sought to fulfill his childhood ambition by applying to Aviator College, a flight school located in Fort Pierce. However, the graduate’s dreams met with some turbulence this past summer when the college’s admission discrimination general legal questions department questioned the validity of his parent-issued by THOMAS J. high school transcript. The college wanted an “accredited SCHMIDT transcript,” and noted that the graduate, who was homeschooled in Illinois, had graduated from an “unaccredited” school. The graduate and his family contacted Home School Legal Defense Association about the situation. After some follow-up communication with Aviator, the college asked HSLDA to verify that the graduate had in fact HOME SCHOOL LEGAL DEFENSE ASSOCIATION | HSLDA.ORG 23 completed a legitimate high school homeschool education. Writing third-party verification letters is a service HSLDA frequently provides for our member families’ homeschool graduates. HSLDA Staff Attorney Tj Schmidt sent a letter to Aviator’s registrar. The letter explained education law in the graduate’s home state of Illinois, proved that his tran- script was acceptable under Illinois law, and insisted that he be admitted. Following the college’s receipt of HSLDA’s verification letter, the graduate was fully admitted to Aviator College in September. By the close of 2015, he had earned his pilot’s license and was well on his way to living his childhood dream. Oct.–Dec. 2015 members’ legal inquiries to HSLDA public school contacts social service contacts State snoops into immunization records T his fall, thousands of families across Indiana received copies of a letter from the state Department of by THOMAS J. Health (ISDH) informing them that their children had SCHMIDT not been vaccinated against the human papillomavirus (HPV). The letter explained that IDSH had reviewed all of the immunization records in the statewide Children and Hoosier Immunization Registry Program (CHIRP) to locate those children who had not received the HPV vaccine. The letter went on to urge parents to schedule an appointment with their doctor for their children to receive the HPV vaccine. Several Home School Legal Defense Association A CONTRARIO SENSU {on the other hand} From the top Our 5-year-old daughter Claire gave us a good laugh after piano practice one evening as she read a children’s book. When she came to a colon, she paused, and then read the sentence again. Confused, I asked her why she had repeated the sentence. “I reread the sentence, Mommy,” she said, “because there was a repeat sign.” Her lesson in piano that day had been that a repeat sign (which looks similar to a colon) meant to play that part again. Oh, the joys of learning! Jenifer M. | Northport, AL 24 THE HOME SCHOOL COURT REPORT | 1ST QUARTER 2016 discrimination general legal questions member families who received this letter contacted our legal department, concerned about the state’s use of the immunization database to target their children for the HPV vaccine. While this vaccine is currently voluntary in Indiana, there were attempts earlier this year to increase the immunization rate through legislative means. It appears that ISDH decided instead to use pressure tactics to increase the use of this vaccine. It is extremely concerning that state officials would use Indiana’s immunization database to try to coerce families into vaccinating their children—especially regarding a health issue about which many parents want to engage in personal and appropriate conversations with their doctor and children. We believe this use of the immunization database is contrary the original intent of the legislature and appears to be a violation of the medical privacy of these families. However, there is an alternative for concerned parents. A recently enacted bill—which HSLDA tracked as it made its way through the legislature—ensures that parents can opt out of having their child’s data entered into CHIRP. The final version of the bill provided a form that allows parents to prevent their doctor from entering their child’s immunization data into the registry. The form also allows parents to exempt their child from the entire immunization registry if they desire. Please contact HSLDA if you have questions about the recent letter. HSLDA has provided our members with a copy of the form on our website at hslda.org/Q116chirp . Oct.–Dec. 2015 members’ legal inquiries to HSLDA public school contacts social service contacts discrimination general legal questions Counties demand to review school records home within two weeks of the beginning of school are by THOMAS J. operating a bona fide school and are in fact teaching their SCHMIDT child at home. The Best Practice Document approach is intended to prevent public school officials from demandwo Home School Legal Defense Association meming the submission of the attendance and scholarship ber families in Paducah and Owsley counties were reports from homeschooling families unless there is recently contacted by their local directors of pupil perevidence that a bona fide homeschool program does not sonnel (DPPs), asking for personal meetings to review exist. the families’ private homeschool educational records. After being contacted by both families regarding this The family in Paducah County had recently withsituation, HSLDA Staff Attorney Tj Schmidt contacted drawn their special-needs son from public school and provided an appropriate notice of attendance to the DPP. the offices of both DPPs to clarify Kentucky law and the Best Practice Document approach with regard to these Shortly before Thanksgiving, the DPP told the family families’ private homeschooling programs. HSLDA was that his office would be contacting them soon “to verify able to resolve both situations. the establishment of [their] home school.” To read the full text of the Best Practice Document, In the beginning of December, the DPP followed up visit hslda.org/Q116KY . with the family, demanding that they “provide information to verify their home school as a bona fide home school.” The DPP wanted a copy of their school A CONTRARIO SENSU calendar, a daily schedule of their homeschool, and {on the other hand} evidence that the family’s children were receiving instruction in “core subjects.” Although, according to state Relating to math law, the only documentation that a school official may My sister visits us each year, and has always asked the school-aged request is attendance records and scholarship reports, children to tell her about their favorite school subjects. A number of years the DPP stated that his office would contact the family ago, one of my sons informed her that he did not like math. to set up a time and location to “view” all the records he “I never really enjoyed math, either,” replied my sister. had requested. At that remark, my son’s eyes grew wide. “Aunt Annette! Had math In early December, the family in Owsley County been invented when you were young?” Elijah has since grown up, but has received a letter from their local DPP, indicating that he never managed to leave that line behind him. wanted to review their homeschool records “to ensure Susan C. | Poplar, WI that the requirements of compulsory attendance [were] being met.” He requested that the family contact him to History at work set up a time to meet so that their educational records Returning from work, my husband told me that a series of events could be reviewed. caused his day to be totally unproductive. Our 2nd grade son came up to Many years ago, the Kentucky Directors of Pupil Perhim and said, “Daddy, your day was kind of like the War of 1812. It didn’t sonnel (KDPP) and the existing statewide homeschool accomplish anything.” organizations developed the Best Practice Document to Homeschooling definitely isn’t like the War of 1812! address several legal issues and concerns about private Heather S. | Marysville, OH homeschool programs. This approach presumes that parents who report their intent to teach their child at T HOME SCHOOL LEGAL DEFENSE ASSOCIATION | HSLDA.ORG 25 Oct.–Dec. 2015 members’ legal inquiries to HSLDA public school contacts social service contacts HSLDA torches discrimination at welding school W hen a homeschool graduate went to sign up for a welding program at Morris County Vocational School, the school representative questioned his by SCOTT A. WOODRUFF diploma and contacted the New Jersey Department of Education. A department spokesman told the school representative that the diploma was not “state recognized.” The school representative then told the graduate he would need a GED. A CONTRARIO SENSU {on the other hand} When in Rome? Although our four children haven’t formally studied Latin, they have learned lots of Latin root words using flashcards. Our youngest, age 7, has a good memory and enjoys flash cards, and now knows about 100 of them. The other day he said, “Mom, I don’t think I would ever be a missionary.” I had been a missionary in France for a few years, but I started to explain to him that nobody’s required to be a missionary overseas. Before I could elaborate, however, he continued, “But if I did ever decide to be a missionary, I’d need to go to a country where they speak Latin because that’s the only other language I know a little.” Karen K. | Auburn, WA Lessons from the coop Our favorite and most intelligent chicken disappeared the other day. My 15-year-old daughter Hannah and I were talking about her. I said, “She was always too independent for her own good, wandering off all alone. I’m sure there’s a lesson in that.” Hannah, our resident chicken expert, quipped, “Don’t be too independent, if you’re a chicken?” Sarah A. | La Grange, KY 26 THE HOME SCHOOL COURT REPORT | 1ST QUARTER 2016 discrimination general legal questions After the family contacted Home School Legal Defense Association for help, our legal department wrote a letter to the school, explaining that the student’s high school diploma was valid under New Jersey law. The school representative sent our letter to the New Jersey Department of Education (NJ DOE) for feedback. After reading our letter, the department spokesman did not repeat his assertion that the diploma was not “state recognized.” Instead, he said that “the NJ DOE doesn’t support home schooling. It is allowed, but I can’t verify anything about a home schooled student.” So the school rebuffed the homeschool graduate once again. HSLDA Senior Counsel Scott A. Woodruff then wrote a letter to the school explaining that under well-established federal law, a homeschool graduate who has finished his program of secondary education can qualify for federal financial aid—with or without a diploma. Woodruff confirmed that the school could accept the student without jeopardizing the school’s eligibility to participate in federal college financial aid programs. Shortly thereafter, Morris County Vocational School fully admitted the young man into their welding program, saying, “After receiving a lengthy letter from HSLDA it was decided a high school diploma was not necessary for the class.” The graduate, who is now at the top of his welding class, sent a note of thanks to HSLDA: “You have restored my sanity . . . the diploma I worked so hard for was worth it.” “You have restored my sanity . . . the diploma I worked so hard for was worth it.” Oct.–Dec. 2015 members’ legal inquiries to HSLDA public school contacts social service contacts District: Unit study insufficient A member family recently received a letter concerning their children’s homeschool paperwork from the Pearl River School District deputy superintendent, who stated that the family’s paperwork did not show “differentiation by grade level” and was therefore insufficient. However, the family’s individualized home instruction plans and quarterly reports had clearly indicated that the children were in different grade levels and that that they were using a unit study approach for science and social discrimination general legal questions studies. While studying the same general material, they were completing assignments and activities appropriate to their respective grade levels. Home School Legal Defense Association Staff Attorney Tj Schmidt contacted the deputy superintendent on our member’s behalf, explaining that unit studies were permissible under New York law, and that the family’s paperwork had fulfilled the New York State homeschool regulations. Based on this conversation, Schmidt expects that Pearl River will be more accepting of homeschooling families using a unit study approach in the future. by THOMAS J. SCHMIDT HOME SCHOOL LEGAL DEFENSE ASSOCIATION | HSLDA.ORG 27 Oct.–Dec. 2015 members’ legal inquiries to HSLDA public school contacts social service contacts Homeschool family sets the record straight L ast November, a local Oklahoma National Public Radio station wrote an extremely disappointing article attacking homeschool freedom. The article by THOMAS J. SCHMIDT used one homeschool student as an example to support their argument. The student’s family objected to false claims made in the article—and due to their diligent efforts, the article was significantly edited and the station apologized for the uncorroborated claims. discrimination general legal questions Home School Legal Defense Association applauds this family’s courage in confronting misinformation. Their example is an encouragement to all homeschooling families that they can make a difference if they speak up. No matter the situation—from opposing legislative bills harmful to homeschool freedom to combatting inaccurate media reports—taking a stand for the truth will always have an impact. Taking a stand for the truth will always have an impact. Quality CHRISTIAN Teaching YOU CAN TRUST 28 540-338-8290 Teacher-led, live interactive courses academy.hslda.org E N G L I S H · M AT H · F O R E I G N L A N G U A G E S · S O C I A L S T U D I E S THE HOME SCHOOL COURT REPORT | 1ST QUARTER 2016 Oct.–Dec. 2015 members’ legal inquiries to HSLDA public school contact social service contact Attorney General agrees with HSLDA A homeschool family in northeast South Dakota called Home School Legal Defense Association on August 20 after the local superintendent somewhat brusquely refused their request to allow their child to take a public school class. Senior Counsel Scott A. Woodruff called the superintendent that same day and told him that South Dakota Statute 13-28-51 required him to allow the student to take the requested class. The superintendent said his attorney advised him that he had the right to refuse the student. Woodruff followed up with the school board attorney on August 21. Since the statute clearly seemed to give homeschoolers the right to take public school classes, Woodruff asked the attorney what legal authority he was relying on in advising the superintendent to refuse the homeschool student. The attorney explained that the Council of School Attorneys interprets the statute to give school districts the option of turning away a homeschool student. Woodruff then asked him to urge the school board to allow the student to be admitted, at least on a provisional basis. He also warned the attorney that if he did not comply, litigation on the family’s behalf might be necessary, since school would be starting on August 31. Woodruff followed up with a faxed letter the same day explaining in detail the family’s right to take the public school class. After receiving Woodruff ’s letter, the attorney advised the school board that they should provisionally accept the student and seek an attorney general opinion to bring closure to the issue. The board accepted this counsel and the student was provisionally admitted. This wise approach avoided a lawsuit, avoided causing hardship to the homeschool family, and opened the door to a long-term solution. discrimination general legal questions On November 18, South Dakota Attorney General Marty J. Jackley issued a formal opinion confirming that school boards must allow homeschool students to take classes. Any school board that prevents a homeschool student from taking a class is now defying the attorney general. by SCOTT A. WOODRUFF Mystery guidelines lead to compliance threat T he Sioux Falls School District sent a letter to homeschool families telling them that if their child was in grades 2, 4, 8, or 11, they must submit standardized test scores by August 1. If they did not, the district would list the family as noncompliant and ask the South Dakota Department of Education to investigate them. To back up this threat, the district representative cited the “State Alternative Instruction Guidelines.” Home School Legal Defense Association Senior Counsel Scott A. Woodruff wrote to the district representative and explained that South Dakota law stipulates no particular due date for testing results (other than the deadline for filing each year’s excuse paperwork) and asked her to change the district’s form letter to align with state law. He also asked her where he could find the “State Alternative Instruction Guidelines” cited in the letter. The district representative responded that they were reviewing the situation and would take Woodruff ’s comments into account when revising their letter. When the form letter was next sent out, the August 1 test submission deadline was gone. So was the threat to report “noncompliant” students to the state. We appreciate the district making these changes. However, the district representative never told Woodruff where to find the “State Alternative Instruction Guidelines.” This is not surprising, since they do not exist. HOME SCHOOL LEGAL DEFENSE ASSOCIATION | HSLDA.ORG 29 Oct.–Dec. 2015 members’ legal inquiries to HSLDA public school contacts social service contacts In-state, out-of-state, and out of their minds A Texas community college refused to offer in-state tuition rates to a Texas homeschool graduate. Why? The college disputed that she had graduated from a by DARREN A. JONES Texas school. As Canadians living in Texas for years, the graduate’s family had complied with Texas homeschool law. Like many students around the country, the graduate had taken high school courses through Seton Home Study, a distance-learning program. But problems arose for this student after she graduated and applied to the local community college. The college accepted her, but then became confused. It denied that the student—a Texas resident—had graduated discrimination general legal questions from a Texas homeschool, because Seton Home Study is headquartered in Virginia. Thus, according to the college, the graduate didn’t qualify for in-state tuition. And because she was Canadian, the college wanted to charge not just out-of-state tuition rates, but international tuition rates! The family called HSLDA. Staff Attorney Darren Jones responded to the college, explaining that the student had graduated from a Texas school—a Texas homeschool established in her parents’ house in compliance with Texas homeschool law. After receiving our letter, the college relented and offered the proper in-state tuition rate to the graduate. “As a Canadian-born homeschool graduate myself, I was delighted HSLDA could help this student get into the college of her choice,” Jones said. Oct.–Dec. 2015 members’ legal inquiries to HSLDA public school contacts social service contacts Hampton no longer questioning children’s faith F amilies in Hampton seeking to homeschool under Virginia’s religious exemption statute (see sidebar) got an unpleasant surprise, when the Hampton school by SCOTT A. WOODRUFF board began requiring children age 10 and older to explain their religious beliefs. This requirement would have shocked the Virginia leg- 30 THE HOME SCHOOL COURT REPORT | 1ST QUARTER 2016 discrimination general legal questions islature, who wrote the law so that, given that the parents themselves qualify, a child can be exempt from compulsory school attendance laws based on the religious training he is receiving, rather than on his own belief. Home School Legal Defense Association Senior Counsel Scott Woodruff wrote a letter to the school system attorney urging her to work to get the policy changed. When it became clear that there would be no quick solution, Woodruff drafted forms that families could use when applying for religious exemption. These forms did not require children to explain their beliefs. HSLDA followed up with an email to our members offering further guidance. We are grateful to report that Hampton has now revised its form to harmonize with the religious exemption statute. In Hampton’s revised form, a question asks: “Is the pupil’s religious training complete to the extent that you, the parent, consider the pupil to be self-governing on matters related to religious faith and practice?” If the parent answers “no,” the form seeks no further information about the child’s faith. If the parent answers “yes,” the child will need to answer for himself, as is appropriate in that situation. We appreciate the board’s willingness to revisit this issue. Since it is no longer necessary to avoid the Hampton religious exemption form, HSLDA will no longer make its own form available to families. Oct.–Dec. 2015 members’ legal inquiries to HSLDA public school contacts social service contacts Cosmetology school drops “registration” request A southeast Wisconsin homeschool graduate recently hit a snag when she applied to enter The Academy, a Waukesha cosmetology school connected with the Paul Mitchell cosmetology schools. The Academy accepted her parent-issued high school diploma, but then asked for her current homeschool “registration.” Her family asked Home School Legal Defense Association for help. HSLDA Senior Counsel Scott A. Woodruff contacted The Academy. He explained that Wisconsin law requires homeschool families (as well as public and private schools) to send the state the total number of children enrolled in their respective programs as of the third Friday of September, but it does not require any kind of registration. The family followed up by sending The Academy a copy of their most recent statement of enrollment (a form known as PI-1206). The Academy promptly accepted their daughter into the program. Eaton reengineers policy G lobal engineering giant Eaton told a homeschool graduate he was well qualified and offered him a position at their Waukesha facility. But when they discov- discrimination general legal questions ered that he did not have an accredited high school diploma, they canceled the job offer. The graduate’s family asked Home School Legal Defense Association for help. HSLDA Senior Counsel Scott A. Woodruff wrote a letter to Eaton’s human resources department, explaining that Wisconsin homeschool parents have authority to issue diplomas to their students. He emphasized that the young man’s parent-issued diploma was just as valid as any other diploma. Eaton took the letter seriously. They offered the young man the job again and changed their policy to make it more friendly to homeschool graduates. n VIRGINIA CODE 22.1-254: A school board shall excuse from attendance at school any pupil who, together with his parents, by reason of bona fide religious training or belief is conscientiously opposed to attendance at school. For purposes of this subdivision, “bona fide religious training or belief” does not include essentially political, sociological or philosophical views or a merely personal moral code. by SCOTT A. WOODRUFF A CONTRARIO SENSU {on the other hand} Peace, man! My children and I were discussing derivatives for our list of Latin vocabulary words. When we came to pax, pacis, I wanted them to identify “pacifist” as a derivative, so I hinted, “Someone who loves peace, and doesn’t want to fight.” Our youngest, age 8, blurted out, “A hippie!” Marianne P. | Park Hills, MO Send in your “A Contrario Sensu” for next issue! See page 22 for details. HOME SCHOOL LEGAL DEFENSE ASSOCIATION | HSLDA.ORG 31 NOTES FOR MEMBERS A panoply of discounts for members Y ou know HSLDA will be there for you if you encounter legal problems while homeschooling. But do you know that your membership can save you a lot of money? More than 30 businesses offer special discounts on their products and services to HSLDA members as part of our PerX program. And we’re always on the lookout to expand your savings by adding more valuable PerX partners. Taking advantage of these discounts can more than pay for your membership! Here are five great PerX discounts you could be using to make sure you are getting by CHUCK HURST the most out of your membership: HSLDA Vice President of Administration 32 ▶Dave Ramsey is offering HSLDA members an extra 10% off his best prices on personal finance curriculum for middle and high schoolers. More than 25,000 families have used Foun- THE HOME SCHOOL COURT REPORT | 1ST QUARTER 2016 dations in Personal Finance for Homeschool to teach their Dave Ramsey’s Foundations students how to save, in Personal Finance: Homeschool is offered at an additional 10% off. spend wisely, and avoid debt. ▶Thinking about moving? Andrews Real Estate Group will locate an experienced and trustworthy realtor to help you buy or sell your home, you’ll save $500, and they’ll donate $50 to the Homeschool Freedom Fund. As home educators and HSLDA members themselves, Robert and Lynette Andrews understand the needs of homeschoolers and want to support and encourage you in your relocation journey. ▶Save on medical costs by using MDLIVE’s telemedicine service. For only $10.95 per month, HSLDA member subscribers can speak FROM OUR MEMBERS 30+ businesses offer discounts to HSLDA members with experienced physicians by secure online video, phone, or email. MDLIVE doctors are available to assist with non-emergency medical issues 24/7/365 and can diagnose, recommend treatment, or prescribe medication. ▶Going on a business trip, taking your kids on an extended field trip, or just traveling to see family? Choice Hotels offers our members a 15% discount at more than 6,100 participating locations nationwide when they make a reservation using HSLDA’s discount code. ▶PerX can even save you money at HSLDA Online Academy! As an HSLDA member, you qualify for up to $100 off the Academy’s online high school and college prep courses, featuring quality Christian instruction and personal interaction with expert teachers. Subjects include English, algebra and calculus, history, government, economics, Spanish, Latin, and more. Many of our PerX partners also donate part of their proceeds to the Homeschool Freedom Fund. So in addition to getting great deals, you will be supporting HSLDA’s litigation work. To take advantage of these great savings, simply go to hslda.org/perx , click on a PerX partner’s name, and then use your HSLDA membership number to request discount instructions. While you’re there, be sure to check out our complete list of PerX partners and see what other discounts are available to you. n I just wanted to convey my appreciation for all that you do. I am very thankful that there is such a robust organization working so hard on our behalf. I tell my sons they should endeavor to follow in your footsteps and become lawyers—you are like superheroes to our family! We have never experienced problems, but I sleep easier knowing you are there. Thank you so, so much! Karen R. Diane Kummer, you have been so helpful to us. Thanks for taking the time to offer a detailed response to each of our questions. We see HSLDA as a great resource to our family, and you are one of the reasons why! Thanks again for helping us in the “planning phase” for homeschooling through high school. Scott R. We were members of HSLDA when we homeschooled many years ago. Our children scored very high on the college entrance exams. Now, they are homeschooling our grandchildren, who are also doing very well. I think HSLDA membership is as important as textbooks, because without it, you would be constantly fighting the wolves howling at your doorstep—at the expense of your child’s education. Ben S. Thanks again for all the great information. It will help as I chart my daughter’s course towards independence. Lyn D. Thank you so much for being part of our 24-year homeschooling experience. It is hard to believe we graduated our last child this year. I remember in our early days just starting out, meeting Michael Smith at a CHEA convention when he had much darker hair than present. Being a part of HSLDA brought a sense of peace to our homeschooling effort, knowing that we had a partner that was watching over us. We pray for the future growth of HSLDA as it continues its vigilance of defending all the homeschooling families under its watch. Thank you again Michael Farris, Michael Smith, and the whole HSLDA staff! Please don’t hesitate to contact HSLDA by calling 540338-5600 or emailing info@hslda.org. Garret B. HOME SCHOOL LEGAL DEFENSE ASSOCIATION | HSLDA.ORG 33 TODDLERS TO TWEENS Reading, writing and listening— building the foundation O HSLDA Toddlers to Tweens consultant Looking at words from left to right simply needs to be taught and practiced. Sometimes we forget to verbalize and teach the most obvious lessons. While reading aloud to your young children, be sure to ‘read with your fingers’ so they can learn to follow along from left to right. Later, as they begin to phonetically sound out words, it is critical that they are taught to look at the left of the word for the initial sound. n Phonics, phonics, phonics n Early writing You just can’t underestimate the power of solid phonics. Although there are many methods of teaching phonics, vertical phonics—the method of teaching all the sounds of the phonograms at the same time—was a great fit for our family. (In another approach, horizontal phonics, the child first learns the most common sound each letter makes, then learns alternate sounds later.) Phonics for Reading and Spelling is the program I used and loved. Other materials that utilize the vertical phonics approach include TATRAS (verticalphonics.com ), The Writing Road to Reading (WRTR), All About Reading (AAR), WinterPromise, Logic of English, and Spell to Write and Read, to name just a few. If you think your child is lacking in phonics skills, it’s never too late to catch up. As a matter of fact, just as knowing math facts is critical for math success, honing phonics is essential for a life of confident and enthusiastic reading and successful self-learning. You may find that phonogram cards are all you need for a solid review. I have used the ones from Rainbow Resources, which have the phonogram on one side and all the sounds it makes on the other. If you would like to hear the sounds, there is a corresponding CD available. 5 important components for building the foundation of a lifetime of language success. n Directional guidance Most experts believe that directional guidance is essential to learn to read. Many children tend to look at words from right to left. This does not in any way indicate a problem, as it is quite natural in many cultures; many ancient languages (Arabic, Hebrew) are written this way. 34 Parents often tell me, “My child is a terrible writer.” But that is not often the case. The child just hasn’t been taught to break down the process. Writing involves so many different skills. Not only is a child expected to write engaging and interesting content, but he is also expected to remember all the paragraph, spelling, capitalization, THE HOME SCHOOL COURT REPORT | 1ST QUARTER 2016 © PHOTO ALTO / VINCENT HAZAT by STACEY WOLKING ur primary objective in the elementary years should be to build a strong foundation in reading, writing, and listening. Verbal and language skills lay the cornerstone for all future learning. I’d like to share 5 important components for building the foundation of a lifetime of language success. “There is no such thing as a child that hates to read; there are only children that haven’t found the right book.” —Frank Serafini and punctuation rules. Whew, that is a lot to think about all at the same time! So let’s break it down for him. First, have your child write down all his ideas on a topic. Outlining is an often forgotten but very useful tool for organizing thoughts. You don’t have to use the standard old Roman numerals though; there are other outlining styles. Once your child has his initial thoughts or outline, have him go back and write each idea into a complete sentence, then rearrange those sentences into paragraphs. Jeanne Mulligan’s Pencil Playground suggests cutting the paper into strips, which allows children to organize their thoughts by manually rearranging each sentence into the desired sequence. This is especially helpful for kinesthetic learners. Next, have your child go back and look at his spelling, capitalization, and punctuation—one at a time. To avoid discouragement, it is imperative that you let your child know that you expect him to go through many drafts before he has a final paper. Emphasize that each draft is not wrong, just a step in the writing process, and that all writers pro- duce many versions before their work is complete. Rest assured: as your child gains confidence and ability, he will begin to naturally start combining these steps and will get to his final draft more efficiently. But again, this will happen sooner for some than for others. Writing is often best taught through one-on-one interaction. For homeschoolers, this is an area where the “home-field advantage” really comes in handy. That said, group classes for writing feedback can also be very beneficial. Children sometimes “hear” constructive criticism from a peer better than from mom or a teacher. Remember that the parent’s attitude towards writing strongly influences the child’s attitude. Keep it light. Make it fun. Tell him that the only way to fail at writing is to stop writing. Louis L’Amour, a favorite author of several of my children, once said, “Start writing, no matter what. The water doesn’t flow till the faucet is turned on.” And if your child is familiar with Finding Nemo, you can singsong with a big smile: “Just keep writing . . . just keep writing. . . .” n Reading aloud There is nothing better than snuggling together while reading aloud. Let your children see that you treasure books by reading slowly, giving them time for their imaginative juices to flow. In addition to engaging “chapter books,” this is also a great time to introduce books about history and science. Take the time to discuss what you are reading, using the clues provided to predict what will happen next. Build enthusiasm and excitement by asking questions: “What do LEARNING STYLES Visual, auditory, kinesthetic— do you know how to identify your child’s learning style? Find out more at hslda.org/Q116 learningstyles . WRITING DIFFICULTY? If your child experiences unusual difficulty with writing, you may want to check for eye/ hand dominance issues or other obstacles to writing success. Go to hslda.org/Q116 writingstress to learn more. » continue reading on page 36 READING RESOURCES My children and teens’ favorite titles included Bruchko by Bruce Olson, Jotham’s Journey by Arnold Ytreeide, My Side of the Mountain by Jean Craig George, the Shiloh series by Phyllis Reynolds Naylor, Maniac Magee by Jerry Spinelli, and Katherine Paterson’s classic Bridge to Terabithia. Our family’s favorite book series included YWAM’s Heroes for Young Readers, Mott Media’s Sower Series, Brian Jacques’ Redwall books, Jonathan Rogers’ Wilderking trilogy, Chuck Black’s Kingdom series, and Louis L’Amour’s Sacketts. I’d also recommend Janette Oke, the Christian Heritage Series from Focus on the Family, Laura Ingalls Wilder’s Little House books, Peter Doyle’s Daring Adventures, the Boxcar Children, and Random House’s Step Into Reading nonfiction early readers. For more read-aloud suggestions, see the articles “Read Aloud to Build Skills and Relationships” at hslda.org/Q116readaloud and “Come Away with Me, My Child! Reading Books Aloud Together” at hslda.org/Q116readtogether . HOME SCHOOL LEGAL DEFENSE ASSOCIATION | HSLDA.ORG 35 you think is going to happen next?” “Why did he do that?” joy action adventures, science fiction, and stories involving “What could she have done or said instead?” competition, heroism, and conflict. Biographies and stories Even if—no, especially if—your children are begging of martyrs and missionaries often have elements of danger, for more, only read a chapter or two at a time. Waiting a suspense, honor, and even romance that both girls and boys day gives them time to ruminate on the story and wonder may find appealing. (And yes—many of these stories have what will happen next. Of course, I’m not saying you can elements that are gross or gory. Don’t be squeamish! Your never spend a whole afternoon just reading aloud and kids will be okay, and boys often find “gross stuff” especially even finishing an entire book. Those can be some of the compelling.) Have quality books available to your kids, and most memorable and best school days! make regular trips to the library to give them opportunities Reading multiple chapter books concurrently develops to find books that spark their interest. your child’s thinking skills as they recall a variety Did you find this article helpful? See more resources on HSLDA’s Toddlers of stories. You don’t have to read every book to Tweens website at hslda.org/toddlerstotweens . Or explore the every day, but you can get in the habit of reading archives of Homeschool Heartbeat at homeschoolheartbeat.org . You may one at lunchtime, another after quiet time, and also take advantage of your HSLDA member benefits by calling Vicki Bentley maybe another at bedtime. Your kids will begin to or Stacey Wolking for assistance with your questions about homeschooling look forward to a specific book at the designated preschoolers through 8th graders! time of day. Make sure that reading on their own is a daily habit for your children. Having a designated quiet time when readn Books are food for the mind Kids often lose interest in reading to themselves because ing is the only permitted activity can motivate an otherwise there is nothing interesting to read. Find stories that appeal reading-reluctant child. Or make after-dinner a no-screen to your kids. As a mother of both boys and girls, I found that time; if your child gets bored, he just might pick up a book. they tend to have different tastes when it comes to reading. My kids found it exciting to read in their beds by flashlight. Girls often enjoy mysteries and historical or inspirational And of course, we can always allow them to stay up past fiction with strong female protagonists. Boys particularly en- bedtime to read a good book. Happy reading! n Check out the new website & programs—generationjoshua.org 36 THE HOME SCHOOL COURT REPORT | 1ST QUARTER 2016 SPECIAL NEEDS & STRUGGLING LEARNERS T here are two types of homeschoolers—those who choose to homeschool, and those who are chosen by homeschooling. Our family is definitely the latter. You see, we don’t really fit the typical description of a homeschool family at first glance. My husband Chris and I both work full-time and each have a part-time job, and we homeschool. It might sound impossible, but it’s not. God has a way of leading you to where you need to be, if you just listen. As parents, we’d decided that our general goal was to raise God-loving, productive members of society. That didn’t seem too daunting. Both of us graduated from the local public school system and went on to college, and we feel that we contribute to society and do our best to uphold our Christian values. Despite having friends and family in our community who homeschooled, we weren’t entirely sold on the idea. Public education could have easily been the path that The Horners’ our now-8-year-old twins Gabriella educational and Griffin followed, but God had journey took a different plans for us. twist when they recognized that By age 4, we had a pretty good idea their son, Griffin, that Griffin struggled with sensory struggled with processing issues and verbal apraxsensory processia. He had already graduated from ing issues and our state’s Birth to Three program verbal apraxia. and completed countless hours of in-home speech and occupational therapy. He’d had success in a parttime Fine Arts Preschool and made huge leaps in overall development and speech. The professional laundry list of providers who had helped us provide Griffin with early intervention already included speech therapists, developmental pediatricians, pediatric neurologists, a nutritionist, half a dozen different occupational therapists, audiologists, and physical therapists. After two years of consistent therapies and behavior work, we could see immense improvement from the individualized attention Griffin had been receiving—and we realized that we were already homeschooling. We’d adjusted Griffin’s nutritional supplements, attended conferences and workshops on various topics, and joined parent support groups. We’d purchased countless tools and devices to enrich Griffin’s sensory diet. Throughout the years, we had both continued to work to feed the bank account because—as you can guess—therapies, interventions, and supplements are not cheap. We were running low on funds and energy, but not on hope. These sort of situations can very easily take over your life, so we carefully orchestrated our days with the twins to be ordinary by day—but by night I prayed by Griffin’s bedside harder than I’d ever prayed before. We needed guidance and perseverance to overcome this hurdle. Despite all the progress and hundreds of hours of research, my “mommy gut” told me there was still a piece of the puzzle missing. We consulted a Sensory Integration & Praxis Test (SIPT)–certified specialist to evaluate © HSLDA / CHARITY KLICKA Homeschooling: our crazy ride by KRISTY HORNER HSLDA special needs consultant COURTESY OF THE FAMILY Griffin. Even if it meant a label, we hoped that it would give insight to the specifics we needed in order to help him. We were his voice, his advocates, and every day that went by not knowing, we felt, was an opportunity lost. Griffin’s test results showed he had a significant struggle with sensory processing, mainly auditory discrimination. That was the piece of the puzzle we’d been missing and it explained so much. Despite his above-average IQ, Griffin struggled with open-ended questions, was extra-sensitive to tone of voice, often could not carry out oral directions, and fought to follow multistep commands. We began to HOME SCHOOL LEGAL DEFENSE ASSOCIATION | HSLDA.ORG 37 What we have discovered . . . is that the treasure is in the journey itself. seek treatment and discovered that he all expectations and it was clear that was a prime candidate for therapy using his success was directly related to the the Tomatis Method. It was a huge individualized program that he had family decision to take on such a combeen receiving. mitment, which would require over four Today we are beyond blessed to say hours a day in travel alone. It also put a that both Gabriella and Griffin love holot of stress on the entire family, as Chris and I continued meschooling as much as we do. They are completing their to work. There are no words to explain the dedication and fourth year here at our “Windy Hill Academy,” consistentstrength you gain when you realize your child’s success ly achieving beyond their grade level. They participate in depends on you. I know now that everything leading up to a large homeschool co-op, practice Soo Bahk Do karate, this point was God’s way of preparing us for the road that play soccer, swim, and play piano. The days of tantrums lay ahead. He was building our endurance for the long haul. and tears have been transformed into comprehension and Tomatis therapy (without getting too technical) is a communication for Griffin. Gabriella has always been his listening therapy that uses filtered Mozart music to retrain number one fan. It has been beautiful to watch her support the ear. By doing so, it stimulates the brain to improve sensory function which will allow HSLDA’s special needs / struggling learner consultants offer a variety of your ear and brain to operate effectively and rescources for parents of struggling learners or children with special needs. HSLDA members may contact Faith Berens, Joyce Blankenship, Carol efficiently. After three loops of therapy, which Brown, Krisa Winn, or Kristy Horner for counsel and suggestions. Call 540also integrated more occupational therapy, we 338-5600 or visit hslda.org/contactstaff . For helpful resources 24/7 or to saw immediate changes in eating habits, behavior, problem-solving, listening, and speech. sign up for our e-newsletter, visit hslda.org/strugglinglearner . This was in fact a miracle; our son had new and improved sensory processing abilities! and nurture her brother like a mother hen. It is pure joy to For the next two years, we continued to see the effects watch our kids laugh, cry, learn, and pray together, and to of the Tomatis Method and watched as the frustrations get to be a daily part of their struggles and successes. And melted away little by little and what remained was a joyif that weren’t enough, we are surrounded by the most ful, vibrant child who was eager to please. He had a strong wonderful, supportive, loving homeschool community desire and ability to communicate. Griffin had surpassed that truly enriches our lives. When we embarked on this journey in 2008, we were totally focused on the outcome we wanted. We wanted to seek, find, and fix anything obstructing the path to success. MEET KRISTY HORNER What we have discovered since then is that the treasure Kristy Horner and her husband Chris is in the journey itself. It has helped us to find a new love reside in Gerrardstown, West Virginia, of encouraging and helping others along their homeswhere they homeschool their twins chooling journey. The past eight years were God’s way of Gabriella and Griffin. Kristy holds teaching us to lean on Him as we took a long, hard road a Bachelor of Science in Business to where and who we needed to be. Now that’s a lesson in Administration and Human Resource character development! Management from Shepherd University, with a minor in Technology, and Homeschooling had wanted us all along, and now we she has studied many areas of Special want it too. We have learned to juggle the things that hold HERE Education at Fairmont State University. strong value in our lives. We both still work a lot. That FOR Kristy has over 10 years of experience in her hasn’t stopped us from homeschooling, or from keeping YOU! local public school system—in both a tradithe kids active in the community. It has taught us to prioritional and nontraditional classroom—teaching tize, organize, and execute the things that really matter. We typically developing students, struggling learners, can dive headfirst into the chaos if we do it together and and those with intellectual disabilities. Kristy joined the with God. I know, because we’ve done it. What an exhaustteam of HSLDA special needs consultants in 2015. Kristy has contagious joy and enthusiasm. Over the past eight years, her ing, amazing, uniquely Horner experience we’ve had so far—and I know this is just the beginning of our crazy ride. passion for homeschooling and bringing Christian education I can’t wait to see what the next chapter of our adventure to other families has made advocating home education a has in store. n priority for her. 38 THE HOME SCHOOL COURT REPORT | 1ST QUARTER 2016 HOME SCHOOL FOUNDATION Beloved skeptics A s a minority in the world of education, homeschooling parents are used to having to explain, or even defend, why they homeschool. The skepticism of well-meaning loved ones can be the hardest to bear. And unfortunately it seems that these doubting voices speak the loudest during tough financial times—when homeschooling families need loving support the most. Angela, a homeschooling mom, wrote us an email describing the pressures her family has faced this past year: “This year in particular, we have been met with a great deal of loving, caring, non-homeschooling friends and family who have, out of love, encouraged us to ‘take a break’ from homeschooling due to our finances. We have always believed that God led us into this adventure of home education and we have been confident that The skepticism of well-meaning loved ones can be the hardest to bear. Kids Curriculum Fund God would provide.” This fall, HSLDA’s charitable arm, the Home School Foundation (HSF), was privileged to be able to come alongside Angela’s family through its Kids Curriculum Fund. In addition to providing a grant for educational resources, we were able to give Angela something more valuable: encouragement! “Thank you,” writes Angela to HSF donors, staff, and board members. “Because of your generosity of both time and resources, we were able to keep all five of our children at home for school again this year. . . . That is an incredible gift!” A letter from another family says, “We have been under tremendous pressure from well-meaning, nonhomeschooling loved ones to abandon this path ‘even for just a year’ and this news [of our grant application being by DIANNE TAVARES Grant administrator for HSF and HSLDA contest coordinator $113,402 given through 212 Kids Curriculum Fund grants last year. approved] has come at the perfect time to renew and fortify our belief that God has chosen this path for our family and His path is exactly where we want to be, no matter what.” The courage and resilience shown by families in these situations is amazing, and we at HSF are grateful for the opportunity to help them continue homeschooling their children. n WHAT IS HSF? The Home School Foundation is HSLDA’s charitable arm, founded in 1994 as a non-profit 501(c)(3) and separately funded through private donations. HSF provides financial assistance to low income homeschooling families, widows, single parents, families who have children with special needs, and victims of natural disasters, as well as supporting the work of homeschool organizations. For more details on how you can help, please call HSF at 540-338-8688, visit homeschoolfoundation.org , or email info@homeschool foundation.org. © ISTOCKPHOTO HOME SCHOOL LEGAL DEFENSE ASSOCIATION | HSLDA.ORG 39 We partnered with Evangelical Christian Credit Union to offer our members up to TWO YEARS OF FREE HSLDA MEMBERSHIP! eccu.org/hslda It’s simple–all you have to do is open an ECCU checking account, savings account or credit card to receive a complimentary one‑year HSLDA membership. Open two accounts and get two free years of membership! The best part? ECCU offers competitive rates with convenient banking options and the peace of mind that you’re putting your money where your heart is. Visit eccu.org/hslda for full terms and conditions, or call 1-800-921-1130. It matters where you bank. 5554 3/16
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