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Updates from TEACH (The Education Association of Christian Homeschoolers)
From the HSLDA@Capitol Hill E-lert Service... The responses of several congressional offices to our May 7 alert concerning the 1999 Religious Liberty Protection Act (RLPA) and HSLDA's proposed alternative to RLPA (the REAL Act), have raised some questions requiring further clarification.
REQUESTED ACTION:
Continue to call Rep. Charles Canady, Chairman of the onstitution Subcommittee of the House Judiciary Committee, and other Committee members to express your concerns over RLPA. Your message should be: Your message should be:
1. "We support religious liberty but we oppose linking religion and commerce under the RLPA."
2. "It is time to place the functions of religious education and ministry beyond the power of government. Support the proposed alternative language known as the REAL Act."
BACKGROUND
See the May 7 alert for a background discussion of RLPA and HSLDA's concerns over the broad use of federal commerce power. (If you need another copy of that E-lert, it can be found on our website at http://www.hslda.org/members/e-lert/docs/19990507163344.asp. Or you may contact the National Center for Home Education at cap@hslda.org or by calling 540-338-7600.)Because of the substantial conflict between conservatives and Christian organizations over RLPA, we sought to find an alternative that would protect religious freedom in a manner that respects the original intent of the Founding Fathers. In the long run, the greatest protection for religious freedom is to link religious freedom to principles of limited government, rather than linking it with the big-government theory of the commerce clause.
Our proposed alternative is called the Religious Exercise and Liberty Act (REAL Act). The REAL Act would honor the original intent of the Constitution and provide far greater protections than RLPA.
The REAL Act is not yet a bill pending in Congress--it is a legislative proposal that we have shared with Chairman Canady and other Capitol Hill insiders to seek their support. When you speak with congressional offices, do not ask them to vote for the REAL Act (since they will not know what that is). Instead, ask them to consider HSLDA's proposed alternative language that provides maximum protection for religious liberty without using expansive commerce clause power. Ask them to sponsor or co-sponsor HSLDA's proposal as a separate bill or as an amendment to RLPA.
Thank you for your prompt response on this issue. As you deal with those who support RLPA, keep in mind that their goal--protecting religious freedom--is important and praiseworthy. We think that they underestimate the danger of using the big-government Commerce Clause approach to protect that freedom, and we believe that the REAL Act presents a better alternative, but we affirm their sincere desire to respond to a significant problem.
Home School Legal Defense Association
P.O. Box 3000
Purcellville, Virginia 20134
540-338-5600
www.hslda.orgNOTE: Please do not reply or otherwise use this e-mail address; hslda@hslda.org is for broadcast purposes only and is not intended to receive incoming messages. We cannot reply to any e-mail sent to this address. If you have comments or questions, please call HSLDA instead at 540-338-5600.
To contact Senators: Senate Democrats (800) 842-1420 Senate Republicans (800) 842-1421 The Honorable (first and last name) State Senate, LOB Hartford, CT 06106-1591 To contact Representatives: House Democrats (800) 842-8267 House Republicans (800) 842-8270 The Honorable (first and last name) State House of Representatives, LOB Hartford, CT 06106-1591
What You Can Do Now: 1. Pray for our leaders and for our freedoms. 2. Get informed: A. Know who your state senator and representative are. Call your town clerk if you do not know. Try to make it a point to visit them. (Civics lesson and field trip in one!) If you are able to meet them before a problem arises, they can put a face with the name and are often more receptive to your comments. B. Make sure you are on the TEACH email alert network. C. Make sure your support group phone tree 1) exists and 2) is operating properly. D. If you have internet access, bookmark the state web page. The URLaddress is: www.cga.state.ct.us
The state web page has greatly improved in the last year and is very easy to negotiate. The quickest way to track a bill is to click on "Legislative Information," then "Search," then enter the bill number. It is also interesting to click on "Committee" and see the information available there - agendas, minutes, lists of bills that are currently in that committee.
3.TEACH is not your lobbyist!! You are your own very best lobbyist!!!! (To a legislator, YOU are the potential voter, not TEACH.) Only you can write and make phone calls to your own legislator that express your views. Also, we don't claim to be experts who have tabs on everything. If you become aware of a matter that you think we should know about, please let us know!
Pointers For Writing Legislators:
*Be polite
*Be as brief as possible
*Use the bill number
*State your position and why
*State the action you want the legislator to take
*Ask for an answer
*Sign your name and address
For state representative, write:
Representative (first and last name)
State House of Representatives, L.O.B.
Hartford, CT 06106-1591For state senator, write:
Senator (first and last name)
State Senate, L.O.B.
Hartford, CT 06106-1591
For more information on our state government, you can order TEACH'S Legislative Handbook for $5. Write to: TEACH Membership, 4 Grieb Court, Wallingford, CT 06492. It was written to help you be an active and informed citizen!By John Kinsky, TEACH Legislative Liason. To contact John, email: jfkinsky@aol.com
How Homeschoolers Can Meet Academic Eligibility Requirements for College Athletics Wednesday, 06-Jan-99
Most intercollegiate athletic programs are governed by one of two athletic associations, the National College Athletic Association (NCAA) or the National Association of Intercollegiate Athletics (NAIA). If you have a student athlete looking forward to participating in intercollegiate athletics, you will need to meet the academic standards set for incoming freshman by the association governing your child’s college athletic program.
NCAA Eligibility Requirements
The NCAA does not have a different set of standards for home-schooled and traditionally schooled students. However, the certification process for home- schooled and traditionally schooled athletes is different.
Traditionally schooled students must be certified by the NCAA's Initial Eligibility Clearinghouse as having met the initial-eligibility requirements. Homeschooled athletes must be certified as having met initial eligibility requirements through the initial eligibility waiver process administered by the NCAA national office.
A homeschooled athlete who attends an NCAA Division I or Division II institution has their eligibility status determined by having the college or university they attend submit to the national office an initial eligibility waiver application.
The waiver application must include the following items: •Home-school transcript •ACT/SAT test score •If available, evidence of outside assessment (tutors, tests graded by an outside agency, etc.) •Evidence that homeschooling was conducted in accordance with applicable state laws •Copies of the table of contents for books utilized in core courses (a sampling) •Samples of work completed (tests, papers) by the student •NCAA Initial Eligibility Clearinghouse form 48C (only if student attended some traditional schooling). The initial eligibility waiver application and the above information must be sent to the NCAA national office for processing. The member institution submitting the waiver application should receive a reply within three weeks of submission.
The following NCAA staff members can answer questions about homeschooling as it relates to NCAA legislation and academic eligibility:
Stacey Karpinski or Diane Dickman Membership Services NCAA 6201 College Blvd. Overland Park, KS 66211-2422 913/339-1906 email: skarpinski@ncaa.org e-mail: ddickman@ncaa.org Frequently Asked Questions
I attended one year of public schooling in grade 9, before I started being homeschooled in grades 10-12. Do I do anything different?
Yes. You must register with the NCAA Initial Eligibility Clearinghouse.
Also, you will need to have your grade 9 high school submit your grade 9 transcript to the NCAA Initial Eligibility Clearinghouse for review. Additionally, you need to send the Clearinghouse a copy of your ACT/SAT test score(s). The Clearinghouse will determine the number of core courses and your grade point average for grade 9 and return to you a form 48C. The NCAA member institution you attend will need a copy of this 48C to submit with your initial eligibility waiver application.
I did not keep good records from my homeschooled years, so I do not have copies of papers I wrote or exams I took. Can I still obtain a waiver?
Yes. The process is made easier if you have samples of your homeschool course work for grades 9-12. Do the best that you can to accumulate information which will assist the committee in determining the validity of your homeschool work as core courses. The committee will make it's best judgment based on the available information.
Is there any way I can get approved as a qualifier myself before I graduate from high school?
Answer: No. High school graduation is one on the NCAA's initial eligibility requirements. Therefore, no athlete is certified prior to graduation. Some coaches who are recruiting me are afraid that I won't get approved as a qualifier. What can I do to assure them I am taking all the right courses?
You will want to work with your parents or homeschool instructor to ensure that you are indeed taking the required number of core courses in the appropriate subject matters. You may want to consider providing the coach a copy of your homeschool transcript and ACT/SAT test score. Ultimately though, there is not a way for you as a homeschooled athlete to receive a preliminary certification of your high school credentials.
Some of the materials the NCAA asks for, like evidence of outside assessment, I do not have. I did not have any outside assessment during my homeschooling. Will this hurt my chances of obtaining a waiver?
No. The committee recognizes that each homeschool experience is unique, and would not expect a athlete to produce supporting documentation that was not part of your homeschool program. You should provide the materials that are applicable to your homeschool experience.
What are some of the key elements the NCAA will look at to make my certification decision?
The primary factors that will be considered in determining whether you are a qualifier are: the required number of core courses successfully completed; ACT/SAT test score results; evidence of following state laws governing homeschooling; and outside assessment results (if available).
What is your definition of a core curriculum?
A core curriculum consists of at least 13 academic courses. This includes at least four years in English, two in math, one year of algebra and one year of geometry (or one year of a higher level math course for which geometry is a prerequisite), two in social science, two in natural or physical science (including at least one laboratory class, if offered by your high school); one additional course in English, math or natural or physical science; and two additional academic courses which may be taken from the already-mentioned categories, foreign language, computer science, philosophy or non-doctrinal religion. ******************************************
NAIA Eligibility Requirements
This constitutes only a partial list of the requirements published on the NAIA website.
The following criteria must be met in order for you to be eligible to represent a member institution in any manner (scrimmages, intercollegiate competitions): You must, if an entering freshman, meet two of three entry level requirements. a. Achieve a minimum of 18 on the ACT or 860 on the SAT. Tests must be taken on a national testing date (residual tests are not acceptable). Scores must be achieved on a single test. b. Achieve a minimum overall high school grade point average of 2.000 on a 4.000 scale. c. Graduate in the top half of your high school graduating class. The ACT/SAT test must be taken on a national testing date and certified to the institution prior to the beginning of the term in which the student initially participates.
Homeschooled students must meet the minimum SAT/ACT standards and either take a GED exam or supply a certificate or equivalent granted by the appropriate state verifying successful completion of homeschooling requirements.
Contact the athletic director in the school you wish to attend to determine requirements for your particular situation.
National Association of Intercollegiate Athletics 6120 S. Yale Ave., Suite 1450 Tulsa, Oklahoma 74136 Phone: (918) 494-8828 Fax: (918) 494-8841 Website: www.naia.org Information for this article was found on the following websites:
NCAA website at http://www.ncaa.org/ NAIA website at http://www.naia.org/ Houghton College Athletics http://www.houghton.edu/admission/who_is_houghton/athletics.htm ON THE HOUSE EDUCATION COMMITTEE The House Education and the Workforce Committee will have four more members than last year, according to an announcement from House leaders this week. The addition of two Republicans and two Democrats will bring the committee's party totals to 27 and 22, respectively. While these new spots have not yet been filled, several prior Republican vacancies were filled by the following members: * John Boehner (R-Ohio.; While serving as House Republican Conference Chairman for the past four years, Boehner had taken a leave of absence from the committee.) * Jim DeMint (R-S.C.) * Ernie Fletcher (R-Ky.) * Matt Salmon (R-Ariz.) * Tom Tancredo (R-Colo.) No subcommittee chairman for the Early Childhood, Youth, and Families Subcommittee has been appointed yet to replace outgoing chairman Frank Riggs (R-Calif.). This subcommittee will have considerable jurisdiction over the reauthorization of the Elementary and Secondary Education Act (ESEA). ON THE AGENDA: ESEA The majority of federal K-12 education programs will expire during the 106th Congress, offering a significant opportunity for reshaping the federal handling of education. The Elementary and Secondary Education Act of 1965 (ESEA) is the largest federal funding source for K-12 education at more than $12 billion. This Congress marks the first time that a Republican majority will preside over the ESEA reauthorization debate, which takes place about every five years. The debate likely will center on Title I of ESEA, which provides extra funds to high poverty districts and makes up $8 billion of the total ESEA tab. The remaining $3 billion funds some 50 programs, from teacher training in subjects from math to gender equity, to social service provision through public schools. Title I has showed little success in raising student achievement. Meanwhile, the numerous categorical programs making up the rest of ESEA waste local education professionals' time and money in applying for and implementing the individual grants. Conservative groups will urge two principles in debates over ESEA and other education issues in the coming Congress: moving dollars and decision-making to the classroom and advancing parental choice in education. Note: There will be no Ed Facts for the next two weeks. Please expect your next issue the week of Jan. 4, 1999. Merry Christmas! Date: Fri, 18 Dec 1998 16:05:42 -0500 From: "Chris Klicka"
Subject: Massachusetts Supreme Court Bans In-Home Visits Content-Disposition: inline We have been receiving good coverage as the result of the Brunelle victory (see the news release below). Thank you to those who found the stories posted on the web sites of the Boston Herald and the Boston Globe and circulated them to your friends. If you see any other coverage you would like to send to HSLDA please email me at richj@hslda.org or fax it to (540) 338-9104. Thanks, and Merry Christmas! For immediate release Contact: Rich Jefferson December 16, 1998 (540) 338-9104 Massachusetts Supreme Judicial Court Bans In-Home Visits BOSTON - In a unanimous opinion released today in Boston, the Supreme Judicial Court of Massachusetts struck down the efforts of the Lynn Public School Committee to force home schoolers to submit to home inspections. Seven years ago, home schooling families in Lynn filed suit against the local public school committee because of the committee's demand that home schoolers submit to warrantless searches of their homes, or risk prosecution for unauthorized home schooling. The families refused, and today, in Michael Brunelle, et al. v. Lynn Public Schools, all seven members of Massachusetts' highest court agreed with the home schoolers. The court reiterated that it is "the basic constitutional right of parents to direct the education of their children." The Lynn Public School District does not have the right to demand entry to homes to observe and evaluate the parents' home education program because, as the court said, "Home education proposals can be made subject only to essential and reasonable requirements. The home visits sought to be imposed on the education proposals of the plaintiffs are not essential." Steven Pustell, a plaintiff in the case since the beginning, said they were "thrilled that what we thought was right all along proved to be right in the courts, as well. It's right, because it reaffirms the independence of home schooling parents to raise their children the way they should, without unwarranted government intrusion." According to the opinion, "While the State can insist that the children's education be moved along in a way which can be objectively measured, it cannot apply institutional standards to this non-institutionalized setting. Furthermore, a requirement of home visits may call into play issues of family privacy in seeking to keep the home free of unwarranted intrusion." The Home School Legal Defense Association (HSLDA) brought this suit on behalf of Michael and Virginia Brunelle and Stephen and Lois J. Pustell. HSLDA has more than 1,200 member families in Massachusetts. All of them will be affected to some degree by this ruling, which limits the power of local school officials. "This is a great victory for parents' rights, for home schoolers across the country, and for the sanctity of our homes," said Michael P. Farris, the lead attorney for the plaintiffs. "The Supreme Judicial Court of Massachusetts understood what was at stake and ruled in favor of freedom." # # www.HSLDA.org # # HOUSE MAJORITY LEADER: Rep. Dick Armey was first elected to represent the 26th district of Texas in 1984. Mr. Armey was born in Cando (pronounced "can-do"), North Dakota, and is a graduate of Jamestown College. He has a Masters from the University of North Dakota and a Ph.D. in economics from the University of Oklahoma. He began teaching at the University of North Texas in 1972 and served there until he went to Congress. Mr. Armey began his work in House Republican leadership in 1992 when he was elected as Chairman of the Republican Conference. He was elected as the House Majority Leader first in 1994. Mr. Armey led the charge for home schoolers in 1994 to defeat H.R.6. As majority leader, he has faithfully supported our issues and has made his staff accessible to us. He will begin his third term in January of 1999. He and his wife Susan have five children. HOUSE MAJORITY WHIP: Rep. Tom DeLay was re-elected to another term as House Majority Whip. He was first elected to represent the 22nd district in Texas in 1984 after serving six years in the Texas State House. Before his first term as Majority Whip he had also served as Republican Conference Secretary, Deputy Whip and Chairman of the Republican Study Committee. Mr. Delay is a reliable friend to home schoolers and has worked closely with us on many issues. He is a graduate of the University of Houston and currently serves on the >Advisory Board of Child Advocates of Fort Bend County. He and his wife Christine have one daughter, Danielle.
CHAIRMAN OF THE HOUSE REPUBLICAN CONFERENCE: Rep. J.C. Watts has been chosen to serve as Chairman of the House Republican Conference. His duties will basically be comprised of developing and disseminating the Republican message. Mr. Watts is the most junior of the House leadership, being first elected from the 4th district of Oklahoma in 1994. He graduated in 1981 with a B.A. in journalism. He currently serves on the board of representatives of the Fellowship of Christian Athletes in Oklahoma and as Associate Pastor of Sunnylane Southern Baptist Church in Del City, Oklahoma. He and his wife Frankie have five children and reside in Norman, Oklahoma.
VICE CHAIRMAN OF THE HOUSE REPUBLICAN CONFERENCE: Rep. Tillie Fowler was first elected to represent the 4th district of Florida in 1992. Born in Georgia, she is a graduate of Emory University with both a B.A. and a J.D. Though she served in the Office of Consumer Affairs for the Nixon Administration beginning in 1970, she did not change her party affiliation to Republican until the following year. She served as Deputy Whip during the 104th Congress. She and her husband Buck have two daughters. They reside in Jacksonville, Florida. There were no changes in Senate leadership, but you should know who these leaders are as well.
SENATE MAJORITY LEADER: Senate Majority Leader Trent Lott (R-MS) was re-elected to his leadership post without opposition. He has served as Majority Leader since June of 1996 when Senator Bob Dole resigned. Prior to his election to the Senate in 1988, Mr. Lott served for sixteen years in the House including four terms as the House Majority Whip. Senator Lott has consistently stood with home schooling on the issues and has made his staff accessible to us. Born and raised in Grenada County, Mississippi, he has both a B.S. and a J.D. from the University of Mississippi in Oxford. He and his wife Tricia have two sons.>P> SENATE MAJORITY WHIP: Senator Don Nickles (R-OK) was re-elected to his second term as the Senate Majority Whip. Mr. Nickles was first elected to the Senate in 1980 following one term in the Oklahoma State Senate. A graduate of Oklahoma State University, he and his wife Linda have four children. They reside in Ponca City, Oklahoma.
CHAIRMAN OF THE SENATE REPUBLICAN CONFERENCE: Senator Connie Mack (R- FL) is the Chairman of the Senate Republican Conference. He has represented Florida in the Senate since 1988 following six years in the Florida State House of Representatives. A graduate of the University of Florida with a degree in marketing, Mr. Mack serves on the Senate Finance Committee where he chairs the Subcommittee on Long Term Growth, Debt and Deficit Reduction. He and his wife Priscilla have two children and three grandchildren. They reside in Fort Meyers, Florida.
The 106th Congress has a big job ahead of it. There are issues which had to be carried over from the 105th Congress. Below are some of the priorities conservatives share for the 106th. 1. Elimination of the Income Tax Marriage Penalty and other family tax relief. 2. Reform of the Elementary and Secondary Education Act. 3. Elimination of Goals 2000. 4. Elimination of the School-to-Work Opportunities Act. 5. Preventing implementation of a national ID card. While we are thankful for the victories we have enjoyed during this Congress, we will maintain our vigilence through the next Congress to protect home school freedoms. The outlook for 1999 is not as bleak as some might think; we believe that the newly elected congressional leadership will at least make themselves accessible. However, your involvement is the most important ingredient to the protection of home schooling on Capitol Hill: your phone calls; your visits; your letters; and most importantly, your prayers. Yours for Freedom, Michael Farris
Home School Legal Defense Association P.O. Box 3000 Purcellville, Virginia 20134 540-338-5600 www.hslda.org
Subject: FDIC regulations Date: Wed, 09 Dec 1998 16:59:58 -0500 From: "Chris Klicka"
FDIC Regulations Many home school leaders have contacted us about the recent concern surrounding the Federal Deposit Insurance Corporation (FDIC) draft regulations. The proposed regulations include the *know your customer* rule (Section 326.9) which give another way for big brother government the authority to track its citizens. These new FDIC regulations (along with the regulations from the other three agencies listed below) would require all banks, including non-FDIC members, to implement the *know your customer* program. This means every bank must: 1) determine the identity of the bank*s new customers; 2) determine the source of funds for transactions; 3) determine the customer*s normal and expected transactions; 4) monitor the customer*s transactions and identify the transactions that are inconsistent with normal and expected transactions; and 5) determine if a transaction should be reported in accordance with the FDIC*s Suspicious Activity Reporting Regulations. The four regulatory agencies over banks are the FDIC, the Federal Reserve, the Office of the Comptroller of the Currency, and the Office of Thrift Supervision. Each agency drafted and published four separate, but similar, regulations in the Federal Register on December 7, 1998. The National Center is planning to submit comments opposing the mandatory "know your customer rule" during the 90-day comment period which expires March 8, 1999. If the proposed regulations are enacted in their present form, they would not be enforced until April 1, 2000. In the meantime, Congress, particularly the Committees on Banking, has the right to intervene and prevent the rule from taking effect. On the bright side, we have some particularly close friends on the House Banking Committee: Jim Ryun (KS), a home school father; Dave Weldon (FL), also a home school father; Bob Barr (GA); and Ron Paul (TX). We will keep you informed of further developments.
Nov. 9, 1998 New Federal Law Opens Doors For Home Schoolers to Enter Military–
Over the years, home schoolers have had difficulty entering the military because they did not have high school diplomas from an accredited school. All branches of the military relegated potential home school recruits to Tier II status, which is reserved for high school dropouts. Tier I was reserved for high school graduates and those with some college. (For most branches of the military,Tier I candidates only have to score 31 on the military's aptitude test while Tier II candidates have to score 50). This made it very difficult for home schoolers, especially since the Air Force and Marines decided this past year they would accept only Tier I candidates. Only about 10% of all Navy and Army enlistees were Tier II candidates. HSLDA was inundated with testimonies from home schoolers who scored over the 90th percentile on the military's aptitude test, met all the military's eligibility requirements, and yet were rejected simply because they did not have an accredited diploma. By God's grace, HSLDA persuaded Senator Coverdell to introduce an amendment to H.R. 3616, the Defense Authorization bill to end this discrimination against home schoolers. The bill creates a five-year pilot project automatically placing home school recruits into the Tier I status. Each branch of the military must allow up to 1,250 home school diploma recipients to be considered under the Tier I status along with all other high school graduates. The bill passed the Senate, the conference committee, and subsequently passed both the House and Senate. The President signed the bill into law on October 17, 1998. It became effective immediately. The most important sections of the new law states: *Sec. 571. Pilot Program for Treating GED and Home School Diploma Recipients As High School Graduates for Determinations of Eligibility for Enlistment in the Armed Forces. *. . . (b) Persons Eligible Under the Pilot Program as High School Graduates.¯Under the pilot program, a person shall be treated as having graduated from high school with a high school diploma for the purpose described in subsection (a) if¯ * . . . (2) the person is a home school diploma recipient and provides a transcript demonstrating completion of high school to the military department involved under the pilot program. *(c) GED and Home School Diploma Recipients.¯For the purposes of this section¯ ". . . (2) a person is a home school diploma recipient if the person has received a diploma for completing a program of education through the high school level at a home school, without regard to whether the home school is treated as a private school under the law of the State in which located.* Under this new law, home schoolers seeking enlistment in one of the four branches of the military must provide a high school diploma , a high school transcript, pass the military aptitude test, and meet any physical and other eligibility requirements for recruitment. This means military recruiters must accept a home school diploma or transcript regardless of the teachers relationship to the student. Furthermore, a transcript or diploma prepared by the parent, as well as a high school diploma or transcript issued by a non-accredited home school correspondence course, satisfies the law's intent. Home school students seeking to enlist in the any of the four branches of the military cannot be rejected, as in the past, simply on the basis of not possessing an accredited high school diploma. (HSLDA will continue to assist any member families who have difficulty with local recruiters who may not understand the new law.) As a response to the new federal law, the Army has announced, "Young men and women who gain their high school diploma through home schooling can now receive the same Army benefits as those students who graduate from a traditional high school." Home school graduates can now receive an enlistment bonus of $12,000 for enlistment in certain military occupational specialties and up to $40,000 from the Army College Fund for college tuition. The Navy wasted no time making a new policy. "Effective immediately, a person with a home school diploma will be classified as being in a Tier I status for enlistment purposes. . . A home school applicant can score 31 or greater on the ASVB\AFQT." The other branches are also in the process of opening their doors. Brig. General Sutton, charged with leading the Air Force Recruiting Service, announced, "We want to reach out to home schoolers and let them know they have a place in our nation's Air Force." They are now recognizing home schoolers as high school graduates. The Marines are expected to issue formal recruitment policy changes soon in light of the new law. Home schoolers, by the grace of God, now have the right to compete on equal footing with other high school graduates seeking entrance into the military.
LEGISLATIVE WINS IN THE 105TH CONGRESS FOR HOME SCHOOLING FAMILIES: From the HSLDA@Capitol Hill E-lert Service... With the closing of the 105th Congress, we pause to reflect on the gains that home schooling families made during the last two years. The Home School Legal Defense Association was also successful in helping to stop much legislation which would have been dangerous to American families. Thanks to the hard work of home schoolers everywhere, our freedoms are safe and secure. LEGISLATIVE WINS IN THE 105TH CONGRESS FOR HOME SCHOOLING FAMILIES: 1. PERMANENT BAN ON FEDERAL TESTING:After two years of home schoolers lobbying Congress, a permanent ban on national testing was finally passed declaring, "No funds . . . may be used to pilot test, field test, implement administer or distribute in any way any federally sponsored national test . . ." without explicit authority of Congress. (The language was included in the Omnibus Appropriations Act for Fiscal Year 1999.) 2. VOCATIONAL EDUCATION REAUTHORIZATION: HSLDA was successful in securing protections in the bill including: 1) a non-application of bill to home schooling, 2) a prohibition on Certificates of Mastery, 3) a prohibition on mandated career paths, 4) a prohibition on national databases, and 5) no connection to the School-to-Work Opportunities Act. 3. JOB TRAINING REAUTHORIZATION: HSLDA was successful in securing protections in this Act including: 1) non-applicability to home schools, 2) ban on using funds for School-to-Work, and 3) ban on using funds to create or implement curriculum by local workforce boards. 4. HIGHER EDUCATION REAUTHORIZATION: The bill reauthorizes certain federal higher education programs and HSLDA worked to include in the report language a condemnation of college discrimination against home schoolers in the admission process, and a repeal of the requirement that home schoolers have a GED before they can receive financial aid. 5. ELIMINATION OF HOME SCHOOLER DISCRIMINATION IN MILITARY RECRUITMENT: HSLDA secured an amendment to the Department of Defense Reauthorization Act which launches a pilot program to move home schoolers to Tier I recruitment status and track their success in the military for five years. Up to 1250 places are available to home schoolers seeking to enlist in each branch of the military. 6. NATIONAL IDENTIFICATION CARD: A one-year moratorium on implementation of the Department of Transportation regulations that would have created the national ID card was placed in the Omnibus Appropriations Act for Fiscal Year 1999. 7. CITIZEN TRACKING: HSLDA successfully opposed provisions of the Welfare Technical Corrections bill that expanded the use of the Social Security Number for identification purposes. When the same language surfaced again in the Deadbeat Dads bill, HSLDA was again able to remove the provision. 8. FEDERALISM: The President has conceded to rewriting Executive Order 13083 which repealed President Reagan's federalism EO and replaced it with nine "exceptions" to the standard of federalism found in the Tenth Amendment. HOUSE/SENATE SUCCESSES: 1. RELIGIOUS LIBERTY PROTECTION ACT: The RLPA passed the House Judiciary Subcommittee on the Constitution without the harmful Commerce Clause provision. The RLPA was stopped in the House and the Senate for this Congress. 2. EDUCATION SAVINGS ACCOUNTS: The Congress passed the A+ Education Savings Accounts which would have allowed parents to save money in interest bearing savings accounts (interest accrues tax free) to use for any education expenses. This bill was vetoed by the President. 3. DOLLARS TO THE CLASSROOM: The House passed this bill which takes funding from 31 existing federal education programs and turns them into block grants for the states to spend as they wish. Among those 31 programs is Goals 2000 and School-to-Work. The Senate did not take up the legislation. 4. MARRIAGE PENALTY ELIMINATION: The House passed a tax package that would have adjusted the standard deduction for married couples, eliminating approximately $200 of the $1300 marriage penalty. The Senate did not support tax cuts this year.
TOP 20 OTHER PRO-FAMILY VICTORIES IN THE 105TH CONGRESS: 1. Tax Cuts for Families and Economic Growth: With enactment of the Taxpayer Relief Act of 1997 (P.L. 105-34), the 105th Congress delivered the first significant tax relief in 16 years: $500-per child tax credit, Post-secondary education tax relief, tax deduction for interest expenses on student loans, IRA flexibility allowing withdrawals for post-secondary education expenses, Education Savings Accounts for post-secondary education expenses, lower taxes on capital gains, expanded IRAs, Roth IRAs, tax relief for contributions of stocks to charitable organizations, increase in mileage deduction for charitable use of a personal vehicle, inheritance tax relief, gifts to charities are now exempt from gift tax filing requirements, and a capital gains exclusion up to $500,000 for sale of a primary residence. 2. Taxpayer Protection: On August 5, 1997, the President signed H.R. 1226, the Taxpayer Browsing Protection Act (P.L. 105-35). This measure prevents the unauthorized inspection of tax returns or tax return information by IRS employees. 3. Reform of the IRS: On July 22, 1998, President Clinton signed a sweeping IRS reform bill, the result of the IRS Restructuring Commission chaired by Rep. Rob Portman and Senator Bob Kerrey. H.R. 2676, the IRS Reform and Restructuring Act (P.L. 105-206), represents the first significant reform of the IRS in decades, shifts the burden of proof in most tax disputes from the taxpayer to the IRS, and provides citizens with a score of new taxpayer rights. 4. Proper Use of American Troops: The conference report to the FY 1999 Defense Authorization Act (P.L. 105-261) incorporates the House- passed Hefley amendment, which places certain restrictions on the use of U.S. military personnel in United Nations military-related operations. 5. National Missile Defense: The FY 1999 Defense Appropriations Act (P.L. 105-262) provides $3.5 billion for the Ballistic Missile Defense Organization, which includes $951 million for the continued development of a national missile defense system to protect U.S. citizens against missile attack. The FY 1999 Omnibus Appropriations Act (P.L. 105-277) provides an additional $1 billion for ballistic missile defense programs. 6. Technology Transfers to Communist China: The conference report to the FY 1999 Defense Authorization Act (P.L. 105-261) bans the export of missile technology and equipment (the Hefley amendment) and commercial satellite components (the Hunter amendment) to China. The export of this technology by the Clinton Administration without consideration to national security concerns may have helped China develop long-range missile capability targeted at the U.S. 7. Termination of Funding for the United Nations Fund for Population Activities: The FY 1999 Omnibus Appropriations Act (P.L. 105-277) ends taxpayer funding of the UNFPA because that program supports coercive abortion and forced sterilization in China. This marks the first time since 1992 that UNFPA has been denied U.S. funding. 8. Hyde Amendment Ban on Abortion Funding: The FY 1998 Labor/HHS Appropriations Act (P.L. 105-78) continued the ban on federal funding of abortions except in cases of rape, incest, or when the life of the mother is in danger. The FY 1998 spending bill also updated the Hyde Amendment to ban abortions in managed care plans which receive federal subsidies. The FY 1999 Omnibus Appropriations Act (P.L. 105- 277) continues the Hyde Amendment restrictions and includes language prohibiting abortion coverage in Medicare trust fund programs. 9. Human Embryo Research Ban: The FY 1998 Labor/HHS Appropriations Act (P.L. 105-78) prohibited federal funding for fetal tissue research. The FY 1999 Omnibus Appropriations Act (P.L. 105-277) continues this funding ban. 10. Assisted Suicide Ban: On April 30, 1997, President Clinton signed the Assisted Suicide Funding Restriction Act of 1997 (P.L. 105-12). This bill prohibits federal funding in support of assisted suicides and euthanasia. 11. Ban on Abortion at Overseas Military Medical Facilities: P.L. 104- 106 made permanent a ban on taxpayer-financed abortions at overseas military medical facilities. 12. Ban on Abortion Coverage in Federal Health Plans: The FY 1998 Treasury/Postal Appropriations Act (P.L. 105-61) placed restrictions on the use of federal funds for abortion in connection with any health plans under the Federal Employees Health Benefits (FEHB) program except in cases of rape or incest, or when the life of the mother is in danger. The FY 1999 Omnibus Appropriations Act (P.L. 105- 277) continues the ban on abortion funding through the FEHB program. 13. Abortion Funding Ban in Child Health Care Program: The Balanced Budget Act of 1997 (P.L. 105-33) created children's health insurance block grants for the states. The bill included a ban on federal funding of abortions, as well as the provision of abortions in managed care plans which receive federal subsidies. 14. Ban on Abortion Funding in D.C.: The FY 1999 Omnibus Appropriations Act (P.L 105-277) continues a ban on using appropriated funds (federal of D.C. revenues) for abortion in the District of Columbia. 15. Ban on LSC Abortion-Related Litigation: The FY 1999 Omnibus Appropriations Act (P.L. 105-277) continues the ban on Legal Services Corporation (LSC) funds going to organizations that engage in abortion-related litigation. 16. Voluntary Family Planning: The FY 1999 Omnibus Appropriations Act (P.L. 105-277) incorporates the Tiahrt language ensuring that taxpayer funds are only used in family planning programs which are certified to be voluntary in every respect. 17. Child Online Pornography Protection: The FY 1999 Omnibus Appropriations Act (P.L. 105-277) incorporates the Child Online Protection Act (H.R. 3783). This bill protects children from hard- core pornography by requiring commercial web site operators to screen out minors when they distribute or sell material that meets the legal definition of being "harmful to minors." The bill provides civil and criminal penalties and directs the FCC to post on its web site a definition of material that is harmful to minors. 18. Needle Exchange Ban: The FY 1998 Labor/HHS Appropriations Act (P.L. 105-78)) placed a prohibition on federal funding being used for any program of distributing needles or syringes for the hypodermic injection of any illegal drug. The FY 1999 Omnibus Appropriations Act (P.L. 105-277) prohibits the use of federal and D.C. funds to finance needle exchange programs. 19. The Adoption Promotion Act: H.R. 867 reforms the nation's foster care laws which have harmed children. The law (P.L. 105-89) eliminated many bureaucratic barriers which have prevented abused children from being placed in permanent, loving families. It represents the first significant reform of federal foster care laws in almost two decades. 20. Freedom from Religious Persecution: On October 10, 1998, the House passed by voice vote the Freedom from Religious Persecution Act (H.R. 2431), which establishes procedures to independently guarantee that combating religious persecution is a top priority in U.S. foreign policy. The bill provides the president with a range of options to take action against countries that engage in violation of religious freedom. Yours for Freedom, Michael Farris The HSLDA@Capitol Hill E-lert Service is a member service of the Home School Legal Defense Association.