HB 2144 Threatens Parents' Right to Home School in Arkansas

The David Cook Bill, HB 2144, is a major threat to a parent's right to homeschool their children in Arkansas. The bill if passed, stands to make significant changes to the mandatory testing procedure and gives the public school system the right to determine if a student can be home schooled. This does not apply to those students attending private schools. Parents are being advised to call their state legislatures to voice their opinions about HB 2144.

Here are the details of Arkansas HB 2144, The David Cook Bill:

Testing: Parents will have to provide proof that their child has taken the state mandated standardized test when they file their yearly notice of intent and waiver forms. No provision is made for students who are exempt from testing due to learning or physical disabilities or for those students in grades K-2. Students entering grade 3 in the fall will not have testing from prior years as they are not required to test until spring of the third grade.

Current Law: This changes current law and there is no need to do so. The current law clearly states that all students in grades 3-12 take a mandatory state standardized test or its equivalent (CAT, Terra Nova, ITBS or Woodcot Johnson). For students participating in the state test, they must return forms and register for the testing site they will be using. There is no provision for a makeup state test if a student misses a test for illness. If a home school family decides on one of the alternate tests, they must send in proof that they student will be tested. This is usually a copy of the invoice and proof of payment for the testing service.

HB 2144 does not address the current issue of lack of enforcement. If the state cannot enforce current laws, why will it be able to enforce a new one? This record keeping will add a significant amount of paperwork to the current system. This adds cost. The state does not need another poorly written bill to add cost to the state's budget. In addition, there is no provision of an alternate standardized test or for make ups to the state mandated test. What if a child is exempt for LD or physical disability reasons? Will a state test be available in Braille for blind students? What about children who require specialized testing situations like Braille, allowances for more time, or for special equipment like auditory trainers?

Right to Home School: The David Cook Bill HB 2144, clearly states that if a parent wishes to pull a student out of public school, they must get permission from a 3 person panel. This panel is determined by the local school districts superintendent and it will be comprised of individuals from the child's current school. A counselor, an administrator and a child's teacher will comprise the panel. No provisions are made for a parent or student representative from outside of the child's school to sit on this panel in an advocacy position for the student.

Current Law: Arkansas allows parents to pull their child at any time during the school year to home school after a 14 day waiting period. This waiting period can be waived by the superintendent of schools if there are compelling reasons to do so. A notice of intent and waiver has to be filed. A parent can also decide to home school a child anytime at the beginning of a school semester without permission or waiting period. A notice of intent and waiver must be filed.

HB 2144 is discriminatory against home schools. Parents who pull their children to put them into private school do not have to go before a panel to get permission. The David Cook Homeschool Bill HB 2144 is poorly written and does not address the true issues. In this economy every student not attending public school results in a reduction of federal funding. Even though towns like Bentonville are reporting record turnout to kindergarten registration, the public schools claim that homeschooled students are costing them money.

One further provision of HB 2144 is that parent's qualifications to provide home schooling to their children be added to the intent to home school form. There is no indication as to what the state might consider as qualified. Is it simply a high school diploma or GED or will the state require a teaching degree? Who will make the determination as to whether or not a parent is qualified to teach their child? Current law allows for parents to use outside services such as tutors or others in the community as well as online classes. This allows for parents to offer educational opportunities to their children in subjects where the parents may not have a lot of knowledge.

This is clearly an attempt to remove a parent's right to school their children in the way that is best for the child. HB 2144 is supported by public school teachers and administrators who feel that parents choose home school so that they can avoid mandatory attendance laws and behavior issues. This bill has no provision for appeal if the 3 person panel denies a parent the right to home school. All this bill will do is promote further non-compliance of state law. The Home School Legal Defense Association urges parents to call their legislatures and urge them to vote against this bill. I urge everyone to visit the HSDL's page and call the numbers listed.

Sources:

Home School Legal Defense Association

HB 2144 (pdf file)