What Happened Monday, March 2, and What Is Expected to Follow

What Happened Today:

SB 972, a bill that precluded homeschooling for those with a pending abuse investigation until the close of the investigation, was tabled today in the Senate by a vote of 20-11. Read
our previous analysis of this bill here.

HB 5669, a house bill that mirrored SB 972, was unexpectedly discussed in the House Education Committee today after lying dormant since its introduction. It was heavily amended and left committee with a 7-day waiting period before homeschooling can commence when there is a pending abuse or neglect investigation initiated by school personnel. During the 7-day period, there are provisions that ensure that the county superintendent is aware of the school allegations and that require that he/she confirm investigation status with CPS. Read the committee version of this bill here.

HB 5089, a house bill that had become fairly innocuous in its committee form, passed second reading today.  Delegate Fluharty offered an amendment that will remain an option on 3rd reading. The amendment essentially attaches similar provisions to this bill, requiring a 14-day waiting period before public school students can homeschool if there is a pending abuse investigation initiated by school personnel.

What Will Happen Tomorrow (Tuesday):

HB 5669 will have opportunity to pass the full House of Delegates only if a vote is taken to suspend the rules and allow two readings on a single day.  If the rules are suspended, it is expected that more amendments may be offered on the House floor.

HB 5089 will be on third reading tomorrow when the Fluharty amendment could be discussed and voted on. If it passes third reading, it will advance to the Senate for consideration.

Progress?

We argued that even anonymous, baseless abuse allegations could unnecessarily result in restrictions on homeschooling. Legislators have limited the scope of the new bills so that only allegations initiated by school personnel can precipitate waiting periods.

We argued that the county superintendent should take the current code’s option to go to the circuit court seriously if there is reason to suspect abuse. These bills require that the county superintendent be informed and verify investigation status.

Rather than precluding homeschooling during the entire investigation, the waiting period is capped at 7 days in HB 6559 and 14 days in the Fluharty amendment.

Problems Remain

Legislators have heard some of our complaints and addressed them.  But our biggest complaint is that neither of the proposed bills named “Raylee’s Law” would do anything substantial enough to help the Raylees of the world. This approach is doomed to failure.  We believe that ideally another approach should be taken to find an effective solution – like reforms to DHS. (We know that some reforms are being attempted but we’re not confident that the changes are substantive enough to actually fix what’s broken with the system.)

Both of these proposed bills still have troublesome language about “authorization” of homeschooling by the county school board and county superintendent. This wording reinforces the misconception that many people have – that homeschoolers have to be approved or authorized by the county or state. That is just not the case, and this wording is bound to cause problems for all homeschoolers down the road.

While these bills, as now drafted, are narrow in scope and minor in immediate impact on homeschoolers, we still oppose both. They don’t do anything useful, and they have potential to be harmful to homeschooling in the long run.

Another problem is that the way that 5669 came about today in its new committee form, there was little, if any, opportunity for public input. Rushing bills through is an effective way to produce bad legislation.

What should we do?

• Pray! That’s is step one. Pray that God’s will be done. Pray for wisdom for legislators. Pray for wisdom for homeschool leaders and for yourself.
• Read the bills. You can read HB 5669 here and Delegate Fluharty’s proposed amendment to HB 5089 here.
• Pray some more. Ask for wisdom and guidance in how you should respond.
• Decide your course of action.  Contact your Delegates as you feel led to do!
• Stay alert all day Tuesday, March 3. Stay informed and be ready to act quickly.

Be anxious for nothing, but in everything by prayer and supplication, with thanksgiving, let your requests be known to God.
Philippians 4:6