Home School Non-Discrimination Act of 2005 - 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 that, 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 Family Educational Rights and Privacy Act of 1974 to prohibit release of certain information on and educational records of students in nonpublic 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.)
Amends specified federal law with respect to policies on recruitment and enlistment of home schooled students in the Armed Forces.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3753 Introduced in House (IH)]
109th CONGRESS
1st Session
H. R. 3753
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
September 13, 2005
Mrs. Musgrave (for herself, Mr. Boehner, Mr. Aderholt, Mr. Akin, Mr.
Bartlett of Maryland, Mrs. Blackburn, Mr. Brady of Texas, Mr. Burgess,
Mr. Burton of Indiana, Mr. Chocola, Mrs. Jo Ann Davis of Virginia, Mr.
Doolittle, Mr. Feeney, Mr. Flake, Ms. Foxx, Mr. Franks of Arizona, Mr.
Gingrey, Mr. Goode, Mr. Green of Wisconsin, Mr. Hayes, Mr. Hayworth,
Mr. Hoekstra, Mr. Hostettler, Mr. Hyde, Mr. Inglis of South Carolina,
Mr. Istook, Mr. Sam Johnson of Texas, Mr. Jones of North Carolina, Mr.
Kennedy of Minnesota, Mr. King of Iowa, Mr. LaHood, Mr. McCaul of
Texas, Mr. McCotter, Mr. Miller of Florida, Mrs. Myrick, Mr. Norwood,
Mr. Nussle, Mr. Otter, Mr. Paul, Mr. Pence, Mr. Pitts, Mr. Platts, Mr.
Renzi, Mr. Rogers of Alabama, Mr. Ryun of Kansas, Mr. Shimkus, Mr.
Simpson, Mr. Souder, Mr. Sullivan, Mr. Tancredo, Mr. Terry, Mr. Tiahrt,
Mr. Wamp, and Mr. Wolf) introduced the following bill; which was
referred to the Committee on Education and the Workforce, and in
addition to the Committees on Ways and Means and Armed Services, 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 2005''.
SEC. 2. FINDINGS.
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) 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 postsecondary 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 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 United States
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 (20 U.S.C. 1091(d)) is amended by striking
the heading and inserting ``Satisfaction of Secondary Education
Standards''.
SEC. 5. CLARIFICATION OF ABSENCE OF CONSENT FOR INITIAL EVALUATION
UNDER THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT.
Section 614(a)(1)(D)(ii)(I) of the Individuals with Disabilities
Education Act (20 U.S.C. 1414(a)(1)(D)(ii)(I)) is amended to read as
follows:
``(I) For initial evaluation.--A
local educational agency may pursue the
initial evaluation of a child by
utilizing the procedures described in
section 615, except to the extent
inconsistent with State law relating to
parental consent for an initial
evaluation under clause (i)(I), only if
the child is enrolled in public school
or is seeking to be enrolled in public
school.''.
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:
``(F) 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, if--
``(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, education 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.
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.
Section 3(l) of the Fair Labor Standards Act of 1938 (29 U.S.C.
203(l)) 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 14 and 16 years of age 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 14 and 16 years
of age who are educated in traditional public schools.''.
SEC. 10. RECRUITMENT AND ENLISTMENT OF HOME-SCHOOLED STUDENTS IN THE
ARMED FORCES.
(a) Home-Schooled Students.--Chapter 31 of title 10, United States
Code, is amended by inserting after section 503 the following new
section:
``Sec. 503a. Recruitment and enlistment of home-schooled students
``(a) Policy on Recruitment and Enlistment.--The Secretary
concerned shall prescribe a policy for the recruitment and enlistment
of home-schooled students. The Secretary of Defense shall ensure that
the polices prescribed under this section apply, to the extent
practicable, uniformly across the armed forces
``(b) Elements.--The policy prescribed by the Secretary concerned
under subsection (a) shall include the following:
``(1) Identification of qualified graduates of home
schooling for purposes of recruitment and enlistment in the
armed forces that is in accordance with the requirements
described in subsection (c).
``(2) Provision for the treatment, within the Department of
Defense classification system of educational credentials for
recruitment purposes, of graduates of home schooling within the
same tier status as regular high school graduates, with no
practical limit with regard to enlistment.
``(3) Exemption of graduates of home schooling from any
requirement for a secondary school diploma or a General
Education Development (GED) certificate of high school
equivalency as a precondition for enlistment in the armed
forces.
``(c) Qualified Home-School Graduates.--In identifying a graduate
of home schooling for purposes of subsection (b), the Secretary
concerned shall ensure that the graduate meets each of the following
requirements:
``(1) The graduate has taken the Armed Forces Qualification
Test and scored at the 50th percentile or above.
``(2) The graduate has provided the Secretary concerned
with--
``(A) a signed home-school notice of intent form
that conforms with the State law of the State where the
graduate resided when the graduate was in home school;
or
``(B) a home-school certificate or diploma from the
parent or guardian of the graduate or a national
curriculum provider.
``(3) The graduate has provided the Secretary concerned
with a copy of the graduate's transcript for all secondary
school grades completed which--
``(A) includes the enrollment date, graduation
date, and type of curriculum; and
``(B) reflects successful completion of the last
full academic year of schooling from the home-school
national curriculum provider, parent, or guardian
issuing the home-school certificate or diploma or home-
school notice of intent form.
``(4) The home-school curriculum used by the graduate
involved parental instruction and supervision and closely
patterned the normal credit hours per subject as used in a
traditional secondary school.
``(5) The graduate has provided the Secretary concerned
with a third-party verification letter of the graduate's home-
school status by the Home School Legal Defense Association or a
State or county home-school association or organization.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
503 the following new item:
``503a. Recruitment and enlistment of home-schooled students.''.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Education and the Workforce, and in addition to the Committees on Ways and Means, and Armed Services, 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 Committees on Ways and Means, and Armed Services, 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 Committees on Ways and Means, and Armed Services, 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 Committees on Ways and Means, and Armed Services, 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 Military Personnel.
Referred to the Subcommittee on Workforce Protections.
Referred to the Subcommittee on 21st Century Competitiveness.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line
Referred to the Subcommittee on Education Reform.