Home School Non-Discrimination Act of 2003 - Expresses the sense of the Congress that parents who choose private home education should be encouraged within the framework provided by the Constitution.
Amends the Higher Education Act of 1965 (HEA) with respect to: (1) student aid eligibility of home-schooled students who have satisfied certain secondary education standards; and (2) institutional aid eligibility of the higher education institutions that such students attend.
Amends the Individuals with Disabilities Education Act (IDEA) to provide, if a parent does not consent to an initial evaluation or special education or related services for a child with a disability, the local educational agency shall not be required to convene an individualized education program (IEP) meeting or develop an IEP for such child.
Amends the Internal Revenue Code with respect to qualified elementary and secondary education expenses (the Coverdell Education Savings Account) to include home schools if they are treated as a home school or private school under State law.
Amends the part of the General Education Provisions Act known as the Family Educational Rights and Privacy Act of 1974 to prohibit release of certain information on and educational records of students in non-public education, including any student educated at home or in a private school in accordance with State law, without written parental consent.
Amends HEA to include students at home schools, whether treated as a home school or a private school under State law, among those prospective secondary school graduates eligible to apply for the Robert C. Byrd Honors Scholarship Program for higher education.
Amends the Fair Labor Standards Act of 1938 to direct the Secretary of Labor to extend the hours and periods of permissible employment of employees between the ages of 14 and 16 years who are privately educated at a home school, whether the home school is treated as a home school or a private school under State Law, beyond those hours and periods applicable to employees of such ages who are educated in traditional public schools. (Thus allows home-school students to be employed during the traditional school day.)
[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2732 Introduced in House (IH)]
108th CONGRESS
1st Session
H. R. 2732
To amend selected statutes to clarify existing Federal law as to the
treatment of students privately educated at home under State law.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 15, 2003
Mrs. Musgrave (for herself, Mr. Boehner, Mr. Hoekstra, Mr. Sam Johnson
of Texas, Mr. DeMint, Mr. Wilson of South Carolina, Mr. Ehlers, Mr.
Pitts, Mrs. Myrick, Mr. Bartlett of Maryland, Mr. Franks of Arizona,
Mr. Kennedy of Minnesota, Mr. Aderholt, Mr. Brady of Texas, Mr.
Gutknecht, Mr. King of Iowa, Mr. Crane, Mr. Miller of Florida, Mr.
Beauprez, Mr. Chabot, Mr. Doolittle, Mr. Akin, Mr. Jones of North
Carolina, Mr. Toomey, Mr. Smith of Michigan, Mr. Ryun of Kansas, Mr.
Hostettler, Mr. Paul, Mr. Souder, Mr. Ryan of Wisconsin, and Mr. Weldon
of Florida) introduced the following bill; which was referred to the
Committee on Education and the Workforce, and in addition to the
Committee on Ways and Means, for a period to be subsequently determined
by the Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To amend selected statutes to clarify existing Federal law as to the
treatment of students privately educated at home under State law.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Home School Non-Discrimination Act
of 2003''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) The right of parents to direct the education of their
children is an established principle and precedent under the
United States Constitution.
(2) The Congress, the President, and the Supreme Court, in
exercising their legislative, executive, and judicial
functions, respectively, have repeatedly affirmed the rights of
parents.
(3) Education by parents at home has proven to be an
effective means for young people to achieve success on
standardized tests and to learn valuable socialization skills.
(4) Young people who have been educated at home are proving
themselves to be competent citizens in post-secondary education
and the workplace.
(5) The rise of private home education has contributed
positively to the education of young people in the United
States.
(6) Several laws, written before and during the rise of
private home education, are in need of clarification as to
their treatment of students who are privately educated at home
pursuant to State law.
(7) The United States Constitution does not allow Federal
control of homeschooling.
SEC. 3. SENSE OF CONGRESS.
It is the sense of the Congress that--
(1) private home education, pursuant to State law, is a
positive contribution to the United States; and
(2) parents who choose this alternative education should be
encouraged within the framework provided by the Constitution.
SEC. 4. CLARIFICATION OF PROVISIONS ON INSTITUTIONAL AND STUDENT
ELIGIBILITY UNDER THE HIGHER EDUCATION ACT OF 1965.
(a) Clarification of Institutional Eligibility.--Section 101(a)(1)
of the Higher Education Act of 1965 (20 U.S.C. 1001(a)(1)) is amended
by inserting ``meeting the requirements of section 484(d)(3) or'' after
``only persons'' .
(b) Clarification of Student Eligibility.--Section 484(d) of the
Higher Education Act of 1965 is amended by striking the heading
``Students Who Are not High School Graduates'' and inserting
``Satisfaction of Secondary Education Standards''.
SEC. 5. CLARIFICATION OF THE CHILD FIND PROCESS UNDER THE INDIVIDUALS
WITH DISABILITIES EDUCATION ACT.
Section 614(a)(1) of the Individuals with Disabilities Education
Act (20 U.S.C. 1414(a)(1)) is amended by adding at the end the
following:
``(D) Effect of absence of consent on agency
obligations.--In any case for which there is an absence
of consent for an initial evaluation under this
paragraph or for special education or related services
to a child with a disability under this part--
``(i) the local educational agency shall
not be required to convene an IEP meeting or
develop an IEP under this section for the
child; and
``(ii) the local educational agency shall
not be considered to be in violation of any
requirement under this part (including the
requirement to make available a free
appropriate public education to the child) with
respect to the lack of an initial evaluation of
the child, an IEP meeting with respect to the
child, or the development of an IEP under this
section for the child.''.
SEC. 6. CLARIFICATION OF THE COVERDELL EDUCATION SAVINGS ACCOUNT AS TO
ITS APPLICABILITY FOR EXPENSES ASSOCIATED WITH STUDENTS
PRIVATELY EDUCATED AT HOME UNDER STATE LAW.
(a) In General.--Paragraph (4) of section 530(b) of the Internal
Revenue Code of 1986 (relating to qualified elementary and secondary
education expenses) is amended by adding at the end the following new
subparagraph:
``(C) Special rule for home schools.--For purposes
of clauses (i) and (iii) of subparagraph (A), the terms
`public, private, or religious school' and `school'
shall include any home school which provides elementary
or secondary education if such school is treated as a
home school or private school under State law.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to taxable years beginning after the date of the enactment of
this Act.
SEC. 7. CLARIFICATION OF SECTION 444 OF THE GENERAL EDUCATION
PROVISIONS ACT AS TO PUBLICLY HELD RECORDS OF STUDENTS
PRIVATELY EDUCATED AT HOME UNDER STATE LAW.
Section 444 of the General Education Provisions Act (20 U.S.C.
1232g; also referred to as the Family Educational Rights and Privacy
Act of 1974) is amended--
(1) in subsection (a)(5), by adding at the end the
following:
``(C) For students in non-public education (including any student
educated at home or in a private school in accordance with State law),
directory information may not be released without the written consent
of the parents of such student.'';
(2) in subsection (a)(6), by striking ``, but does not
include a person who has not been in attendance at such agency
or institution.'' and inserting ``, including any non-public
school student (including any student educated at home or in a
private school as provided under State law). This paragraph
shall not be construed as requiring an educational agency or
institution to maintain education records or personally
identifiable information for any non-public school student.'';
and
(3) in subsection (b)(1), by striking subparagraph (F) and
inserting the following:
``(G) organizations conducting studies for, or on
behalf of, educational agencies or institutions for the
purpose of developing, validating, or administering
predictive tests, administering student aid programs,
and improving instruction, provided--
``(i) such studies are conducted in such a
manner as will not permit the personal
identification of students and their parents by
persons other than representatives of such
organizations and such information will be
destroyed when no longer needed for the purpose
for which it is conducted; and
``(ii) for students in non-public
education, educational records or personally
identifiable information may not be released
without the written consent of the parents of
such student.''.
SEC. 8. CLARIFICATION OF ELIGIBILITY FOR STUDENTS PRIVATELY EDUCATED AT
HOME UNDER STATE LAW FOR THE ROBERT C. BYRD HONORS
SCHOLARSHIP PROGRAM.
Section 419F(a) of the Higher Education Act of 1965 (20 U.S.C.
Sec. 1070d-36(a)) is amended by inserting ``(or a home school, whether
treated as a home school or a private school under State law)'' after
``public or private secondary school''.
SEC. 9. CLARIFICATION OF THE FAIR LABOR STANDARDS ACT AS APPLIED TO
STUDENTS PRIVATELY EDUCATED AT HOME UNDER STATE LAW.
Subsection (l) of section 3 of the Fair Labor Standards Act (29
U.S.C. 203) is amended by adding at the end the following: ``The
Secretary shall extend the hours and periods of permissible employment
applicable to employees between the ages of fourteen and sixteen years
who are privately educated at a home school (whether the home school is
treated as a home school or a private school under State law) beyond
such hours and periods applicable to employees between the ages of
fourteen and sixteen years who are educated in traditional public
schools.''.
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Introduced in House
Introduced in House
Referred to the Committee on Education and the Workforce, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Education and the Workforce, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Education and the Workforce, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Workforce Protections.
Referred to the Subcommittee on 21st Century Competitiveness.
Referred to the Subcommittee on Education Reform.
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