Update 2: Legislative Bill 1141 has been given its first hearing date: Tuesday, February 26, 2008.
Update: LB 1141 has been referred to the education committee. I will post more tonight, including more contact information, and a little about the senators who will be looking at this bill. Posted! Senator Erdman’s motion to kill the bill is listed as “pending.” Please note that this committee meets Mondays and Tuesdays, but this bill is not yet on the calendar.
January 23, 2008, Senator Schimek of Lincoln, NE introduced Legislative Bill 1141, which would dramatically interfere with the independence of homeschools. Under current law, Nebraskan homeschools (referred to as unaccredited private schools) are “acknowledged” by the Commissioner of Education when the annual paperwork is received. This paperwork consists of an intent form, a calendar documenting at least 1,032 hours of instruction and a scope and sequence for each of several subject areas. Testing and record keeping are not required.
Under Senator Schimek’s bill, however, we will lose this independence. No longer will homeschools be “acknowledged,” we will be “approved” by the state. An option for visitations and testing has existed within our law for some time, however the state has never opted to enforce it. As a legal assistant at HSLDA informed me last year when I inquired about another law,
The Attorney General has ruled that any testing and/or visitation required must be uniform for all private (and home) schools and that it cannot be arranged without parental consent. Consequently, the State Board of Education has chosen not to require testing or visitation. (via email)
Such uniform testing, however, shall be required under this law. And the clause “…but shall not be used to measure, compare, or evaluate the competency of students at such schools,” has been stricken. Testing will not be used to determine whether schools are offering instruction in the basic skills as was originally conceived in the legislation (before the Attorney General ruled such testing could not occur without parental consent.) Instead, it will be used to ensure that the “intended” instruction is being offered, with the express purpose of measuring, comparing and evaluating the competency of students. Some other key points:
- 1. Every child will be evaluated annually.
- 2. An assessment may be chosen from an approved list of standardized tests or a portfolio assessment.
- 3. The assessment will be conducted by a certified educator.
- 4. The Commissioner of Education or a designee will determine the time and place of the evaluation and “shall make every reasonable effort to conduct them at times and places which are convenient for the parents or guardians and the children being evaluated.
- 5. Children must a) achieve at least six months of academic progress and b) be on grade level. If not, the child will be forced to attend an accredited school (public or private).
Senator Erdman, who is my new favorite Nebraska Senator, immediately filed a motion to postpone the bill indefinitely. Of course, I think I liked him anyway. His lovely wife Cortney covered for me while I was on maternity leave with my son. Congratulations on the “baby!” (I suppose it is possible I have him confused with another youngest Senator to serve in Nebraska from that area with a wife named Cortney, but somehow I don’t think that too likely.)
I will be watching this legislation closely and will provide updates as needed. For the moment, I have a few letters to write.
Be not intimidated… nor suffer yourselves to be wheedled out of your liberties by any pretense of politeness, delicacy, or decency. These, as they are often used, are but three different names for hypocrisy, chicanery and cowardice.
More resources:
Senator Schimek’s information is here, for all who would like to send her a polite note requesting her to reconsider the relationship between the state and the family.
Section 79-1601, as it currently reads
LB 1141 (enter LB 1141 in the blanks and press go. You will get a page with the history of the bill and a link to the bill).
Information on how to find out who your senator is and how to contact him/her.
______
For more information on LB 1141, you can click on the category LB 1141 and find everything I have written so far.
[tags]homeschooling, homeschool, home school, LB1141, LB 1141[/tags]
I homeschool my children on a small hobby farm in rural Nebraska and write about life more abundantly, from the joy of a baby's smile to the almost unbearable grief of losing a son while seeking beauty instead of ashes, the oil of joy instead of mourning, a garment of praise instead of the spirit of despair (Isaiah 61:3)
I chuckled a bit when I saw this listed as one of Schimek’s honors and awards:
ACLU Civil Libertarian Award.
Wow, glad I don’t live there. Hoping this gets struck down.
When public school children don’t perform on grade level or show improvement, why aren’t they forced to homeschool? Why aren’t the schools forced to fire all of their teachers? Why aren’t the students given school vouchers?
When a public school student fails, they are either socially promoted or forced to repeat the grade. When public schools fail, they are given years to “fix” the problem. It seems to me that there is a slight double standard here.
Slight double standard? I tell you what, I look at the ‘report cards’ for schools around the nation, and some of them show that less than half of the students show proficiency in math and reading. And yet people still think the answer to ‘poor performance’ (which is highly subjective) is to put kids in a poorly performing school!
Argh!
This stuff is going to happen as long as citizens continue to look outside of themselves for answers and attempt to displace responsibility for their lives somewhere else.
Shauna, so did I. Now I wonder if I mention civil liberties, if that will score any points with her?
Summer, it probably won’t go anywhere. The big challenges happened before I started homeschooling, but the support groups here are pretty active. Of course, mot of the state’s population lives within two hours of the capital.
LOTP, you are absolutely right, it is a double standard. It seems strange that the institution begun as a means to ensuring all kids had access to education, even if their families could not provide it themselves, has now become the standard. Not because it has proven itself superior, but simply through legislation and acceptance.
Sunnimom, you wrote:
This stuff is going to happen as long as citizens continue to look outside of themselves for answers and attempt to displace responsibility for their lives somewhere else.
I couldn’t express it any better than that!
I’m an interested bystander paying attention to how government grabs at power each time they can. “But it’s for the children”, gives them a lever to pull and each time it seems to work.
T.F.–It is difficult. Most of the population looks at this and thinks, why not test? How can you object to that?
They don’t step back and think about who should be testing and why it is we so willingly submit to allowing the state to supervise this process. My children are evaluated. I know exactly where they stand…even how they compare to state standards at their grade level. Unless you can prove that I am incompetent, the state should not be allowed to oversee that process.
The citizens are supposed to oversee the state, not the other way around.
Congratulations on making the list! http://www.collegedegree.com/library/financial-aid/top-50-homeschooling
Steve
http://www.waldenswits.com/2008/01/top-50-list-of-homeschool-blogs.html
The other excuse for powermongering is “If you aren’t doing anything wrong, then what difference does it make?” To which I say “Huh?” So if your kids are doing well, you shouldn’t object to oversight and accountability. Well, just because I don’t hide illegal substances in my underwear drawer doesn’t mean I shouldn’t object to someone rifling through my Fruit of the Looms!
Hopefully this will be avoided. In Iowa we already have to do one of the following:
1. Standardized test
2. Portfolio
3. Supervisory teacher
We’ve opted for the supervisory teacher, because the criteria is basically someone with an Iowa teaching license. She is a member of our church and supports home education so it works well for us.
We are not under threat of having to place our kids in an accredited school if they aren’t up to par however. What a bad bill.
What a concern for homeschoolers! How dare Nevada strike down your liberties to raise your own children as you see fit!
Would you ever leave Nevada?
Sunniemom said, “…just because I don’t hide illegal substances in my underwear drawer doesn’t mean I shouldn’t object to someone rifling through my Fruit of the Looms!”
HA!!! Laughing hysterically. Thanks, I needed that one.
Shane, I was talking to my husband about doing what is necessary to get re-certified. should this go through. (I was certified, but let it expire.) This would not effect us too much, because one of the options is to turn in lesson plans and work samples.
But this would be a huge step in the wrong direction for maintaining independence.
Thanks, Steve! I saw that, but haven’t had time to post on it.
Sunniemom, that is exactly the point! Maybe I’ll ask anyone who asks why I object to testing if they would consent to allowing the state to annually inspect their children for abuse.
Mrs. Mecomber, it is actually Nebraska, but yes, we have some vague plans of moving. Not for a long time, however.
Dana wrote,
“This would not effect us too much, because one of the options is to turn in lesson plans and work samples.”
So the homeschool community this would hit the hardest would be the ‘Unschooler?’ By philosophy is not ‘lesson plans and work samples’ against unschooling?
And would this be such an issue where homeschoolers can UNITE to preserve the liberty to homeschool as one diligently chooses whether it be on non-religious, religious, PA, unschooling, classical, personal etc grounds?
Schimek needs a lesson in the founding governmental principals of this country and if eligible to run again, MUST NOT be re-elected.
This is a perfect opportunity to stick it to the ACLU and their communist dictates.
Stand up America, stand up Nebraska, protect your freedoms before those opposed to this country, aka Schimek and the ACLU, destroy this land.
Shauna wrote:
“I chuckled a bit when I saw this listed as one of Schimek’s honors and awards: ACLU Civil Libertarian Award.”
And here’s ten reasons why Schimek won her precious little Award:
10. The ACLU was founded by Communist, with communist ideals, communist goals, and they continue to impose a Communist like agenda on America daily. The founder of the ACLU, Roger Baldwin stated clearly:
“My chief aversion is the system of greed, private profit, privilege and violence which makes up the control of the world today, and which has brought it to the tragic crisis of unprecedented hunger and unemployment. Therefore, I am for Socialism, disarmament and ultimately, for the abolishing of the State itself. I seek the social ownership of property, the abolition of the propertied class and sole control of those who produce wealth. Communism is the goal.”
9. The ACLU does not believe in the Second Amendment.
ACLU POLICY The ACLU agrees with the Supreme Courts long-standing interpretation of the Second Amendment [as set forth in the 1939 case, U.S. v. Miller] that the individuals right to bear arms applies only to the preservation or efficiency of a well-regulated militia. Except for lawful police and military purposes, the possession of weapons by individuals is not constitutionally protected. Therefore, there is no constitutional impediment to the regulation of firearms.ACLU Policy #47
#8. Their outright hatred of the Boy scouts. They are currently doing everything in their power to hurt this organization. They attacked their free speech right to exclude gays, and are threatening schools, and fighting in court to get their charters shut down. The oppose the military supporting them, and will sue the pants off any school that attempts to charter them.
#7. The ACLU are pro-death. Not only is the ACLU Pro-abortion, it’s the ACLU’s top priority. It most definitely takes a backseat to free speech for the ACLU. As a matter of fact, the ACLU has fought against the free speech rights of those that oppose it. If its abortion or euthanasia, as long as its pro-death you can count on the ACLU to support it. The only exception to the ACLU’s pro-death stance, is if it is a convicted criminal; in this case they are against death.
#6. The ACLU advocate open borders. Not only have the ACLU opposed the Minute Men, a group who are simply exercizing their freedom of speech, protesting and stepping up where the government is failing, but they have helped illegals cross the border.
#5. The ACLU is anti-Christian. The list is endless on this one. Under the guise of “seperation of Church and State”, the ACLU have made a name for theirself on being rabidly anti-Christian. This is one area where they are most hypocritical. They oppose tax exemptions for all churches, but fight for them for Wiccans. They are against Christianity in school, but oddly remain silent as our children are taught to be Muslims. Whether its baby Jesus, ten commandments, or tiny crosses on county seals, the ACLU will be there to secularize America, and rewrite our history.
#4. The ACLU Opposes National Security. The ACLU have opposed almost every effort in the arena of national security. From the bird flu to bag searches, the ACLU have been against it. No matter what kind of search someone tries to do to protect people, the ACLU have proved they are against them across the board. Its kind of ironic that they don’t practice the principles they preach.
Take a walk into the NYCLU’s Manhattan headquarters – which it shares with other organizations – and you’ll find a sign warning visitors that all bags are subject to search.
#3. The ACLU Defend the enemy. They have a long history of this one. They defended the P.L.O. in 1985. They defended Quadafi in the 1980′s. And they continue today. They have told Gitmo detainees they have the right to remain silent, as in not talking to interrogators. One issue that really disturbs me is their refusal of funds from organizations such as the United Way that were concerned the money would be used to support terrorism.
In October of 2004, the ACLU turned down $1.15 million in funding from two of it’s most generous and loyal contributors, the Ford and Rockefeller foundations, saying new anti-terrorism restrictions demanded by the institutions make it unable to accept their funds.
The Ford Foundation now bars recipients of its funds from engaging in any activity that promotes violence, terrorism, bigotry, or the destruction of any state.
The Rockefeller Foundations provisions state that recipients of its funds may not directly or indirectly engage in, promote, or support other organizations or individuals who engage in or promote terrorist activity.
#2. The ACLU supports child porn distribution and child molesters like NAMBLA.
As legislative counsel for the ACLU in 1985, Barry Lynn told the U.S. Attorney General’s Commission on Pornography (of which Focus on the Family President Dr. James C. Dobson was a member) that child pornography was protected by the First Amendment. While production of child porn could be prevented by law, he argued, its distribution could not be.
There is no doubt the The ACLU are perverting the Constitution.
#1. The ACLU fufills its agenda using my tax money. What more can I say on this one?
But I guess Schimek could just be naive and believes the top ten myths about the ACLU and considers them a force for good. But I doubt it. Schimek knows exactly what’s shes doing and is a traitor to her country.
Top Ten Myths of the ACLU:
10. The ACLU is non-partisan:
The Truth: Not only were they founded on Communism, they are about as liberal an organization in existence. The public saw first hand in 1988 how the ACLU was involved in politics. The portrayal of the ACLU as a radical liberal lobby reached its climax in the 1988 presidential campaign when George Bush used ACLU membership as a black mark against his opponent Michael Dukakis. The perception had taken root that the ACLU of 1988 has about as much to do with civil liberties as the AT&T of 1988 has to do with telegraphs.
Social reform, in a liberal direction, is the sine qua non of the ACLU. Its record, far from showing a momentary wavering from impartiality, is replete with attempts to reform American society according to the wisdom of liberalism. The truth of the matter is that the ACLU has always been a highly politicized organization.William Donahue
They may take a token case here and there for the other side to bolster its non-partisan claims, but those cases are far outweighed by their numerous other cases that are clearly intended to further its partisan agenda. They even keep scorecards on Congressmen and Representatives. Their claim of non-partisanship is what gives them their tax-exempt status, and nothing is further from the truth. They have split their organization into two in order to lobby their causes to the legislative branch.
9. The ACLU Cares About Your Privacy Rights:
The Truth: Despite all the rhetoric over the current NSA program, where the ACLU opposes the U.S. listening to traitor’s having conversations with terrorists, the ACLU has no room to talk when it comes to violating privacy.
The American Civil Liberties Union is using sophisticated technology to collect a wide variety of information about its members and donors in a fund-raising effort that has ignited a bitter debate over its leaders commitment to privacy rights.
Some board members say the extensive data collection makes a mockery of the organization’s frequent criticism of banks, corporations and government agencies for their practice of accumulating data on people for marketing and other purposes.
Daniel S. Lowman, vice president for analytical services at Grenzebach Glier & Associates, the data firm hired by the A.C.L.U., said the software the organization is using, Prospect Explorer, combs a broad range of publicly available data to compile a file with information like an individual’s wealth, holdings in public corporations, other assets and philanthropic interests.
The issue has attracted the attention of the New York attorney general, who is looking into whether the group violated its promises to protect the privacy of its donors and members. NY Times
8. It is a patriotic thing to support the ACLU.
The Truth: If you think the ACLU represents the average American values, then you are sadly misguided. Their absolutist views of liberty go far beyond what most people could ever support. They support the legalization of child porn distribution , and un-regulated prostitution. They are far from the traditional thoughts of patriotism, constantly defending Americas enemies, and fighting efforts of military recruiters.
7. The ACLU Defends The Bill of Rights.
The Truth: The ACLU defends the parts of the Bill of Rights that are in line with its agenda. What about the second, ninth, and tenth amendment?
ACLU POLICY The ACLU believes that the individual’s right to bear arms applies only to the preservation or efficiency of a well-regulated militia. Except for lawful police and military purposes, the possession of weapons by individuals is not constitutionally protected. Therefore, there is no constitutional impediment to the regulation of firearms.ACLU
And they certainly don’t believe in States rights, constantly attempting to override the will of the people via the judicial branch.
6. The ACLU Defends Religious Liberty
The Truth: The ACLU claims to be the great defender of liberty, but the truth is that their definition of liberty is limited to what alligns within their agenda. As a matter of fact, the ACLU is the foremost religious censor in America. Despite the fact that this nation was founded upon the ideals of religious freedom, the ACLU has succeeded in manipulating the very founding principles through the corrupted judicial branch to repress the religious expression of America, and continues to work daily at erasing our National religious heritage from the pages of history.details
5. The ACLU’s Slogan of “Keep America Safe and Free”:
The Truth: What a joke! When 9-11 occurred what measures did the ACLU take to ensure our safety? None, zip, nada. This organization has done nothing to ensure our safety, in fact it has chosen to sue our government on behalf of terrorists outside of their legal jurisdiction while they were located in prisons on foreign soil.
They have since then demanded that the government release and make public top secret security information regarding not only the activities of our military, but also that of our intelligence forces. They have also initiated one lawsuit after another against the government to stop the searching of individuals for security purposes in mass transit situations, to stop what they call profiling (we will never see a Protestant white middle-aged woman as a terrorist working with an extremist Islamic organization) by race, sex and religion, and to stop the government from detaining and questioning or interrogating individuals who have ties or contact with known terrorist individuals and organizations.
They say they are for a safe and free America. Yet their actions speak very loudly the opposite of the lip service they give in this banner for a safe America.
4. They Defend the Oppressed and Helpless:
The Truth: If you count terrorists, child molesters, and murderers as oppressed and helpless, then you may think this one is true. The truly defensless are the very children being harmed by these perverts the ACLU defend. The ACLU don’t believe children have any rights, unless it is to murder their own children without their parents ever knowing.
3. The word “American” in their name truly reflects what they are:
They are constantly stepping outside the bounds of America, reaching out to help the very enemy. They fight every effort by our government to protect us, and sue them every chance we get. For the ACLU, the mighty checkbook takes precedence over America’s security, and many think they are rooting for the enemy. It isn’t hard to believe when theytry to get admitted terrorists off the hook.
2. The ACLU Was Founded On Noble Intentions:
The Truth: One of the great myths of the 20th – and now 21st – century is the belief that the American Civil Liberties Union was an organization that had a noble beginning, but somehow strayed off course.
That myth is untrue. The ACLU set a course to destroy America her freedom and her values – right from the start.
From its very beginning, the ACLU had strong socialist and communist ties. As early as 1931, the U.S. Congress was alarmed by the ACLU’s devotion to communism. A report by the Special House Committee to Investigate Communist Activities stated
The American Civil Liberties Union is closely affiliated with the communist movement in the United States, and fully 90 percent of its efforts are on behalf of communists who have come into conflict with the law. It claims to stand for free speech, free press and free assembly, but it is quite apparent that the main function of the ACLU is an attempt to protect the communists.
Roger Baldwin and Crystal Eastman founded the ACLU in 1920 along with three other organizations dedicated to the most leftist of causes. The histories of these two individuals belie their claims of patriotism and respect for the Constitution.
Baldwin openly sought the utter destruction of American society. Fifteen years after the founding of the ACLU, Baldwin wrote:
I am for Socialism, disarmament and ultimately, for the abolishing of the State itself I seek the social ownership of property, the abolition of the propertied class and sole control of those who produce wealth. Communism is the goal.
1. The ACLU Does Not Collect Taxpayer’s Funds:
The Truth: The Civil Rights Act, intended to help poor people who could not afford to defend their rights, grants judges the right to award attorney’s fees in civil rights cases. The ACLU have turned this on its head, often using it to threaten small schools and local governments that can not afford to defend themselves from the ACLU.
Take it from a former ACLU Lawyer, Reese Llyod:
Stated Lloyd: The ACLU has perverted, distorted and exploited the Civil Rights Act to turn it into a lawyer-enrichment act.
Lloyd says the American people are oblivious to how many millions of dollars in taxpayer funds are going to the ACLU each year.
The attorney pointed out many attorneys in cases brought by the ACLU are volunteers, so the fees the group is awarded normally do not go to reimburse an attorney but rather directly into the organization’s coffers.
Hi Dana,
Thanks for posting this, as one of the 1/3 of the rest of the state that is more than 2 hours away.
I got the alert from HSLDA, and we’d been informed of it possibly coming by our local member of NCHEA board. But as of yesterday, did not find anything about it, or action to take right now, on NCHEA’s site.
This would be a horrendous loss for liberty in Nebraska. Our hs forefathers fought long and hard, at much cost, to get us a law we could live with, in the early 80′s. We came into home ed just after that law was past.
As mentioned, some look at this and think, what’s the big deal. It’s do-able. But the point is, it places the state over an area it has no rightful jurisdiction over.
And yes, last night, dh said, there’s a job open in Arkansas, right on the border of Tennessee. Do you want to check their (TN) laws, (we already know what happened in AR) and put in for the job?
Obviously, we aren’t to that point. We (home educators) have some friends in the legislature and hopefully can defeat this and bury it to not be resurrected. But it requires vigilance. What we don’t want to do, IMO is pull a Huckabee, and introduce our own lesser evil law.
Did I hear correctly that Schimek’s husband is pres for the NEA lobby?
OK, after checking TN laws, AR looks better
but still that state imposed testing. 
TX is looking better and better.
Seriously, all please pray that this bill is killed in committee.
Isn’t it though? NE has a pretty good history of stopping these kinds of bills…hopefully it continues.
Yes, it is true that her husband is pres for the NEA lobby… gee, do you think there could be an agenda here??
He’s on staff with the Nebraska State Education Association with the title of “Government Relations.”
http://www.nsea.org/about_us/directory/staff.htm
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I haven’t ever seen a case where the aclu represented homeschoolers? I believe they’ve been asked and have refused.
You’d think …(if they followed it):
The mission of the ACLU is to preserve all of these protections and guarantees:
* Your First Amendment rights – freedom of speech, association and assembly; freedom of the press, and freedom of religion.
* Your right to equal protection under the law – equal treatment regardless of race, sex, religion or national origin.
* Your right to due process – fair treatment by the government whenever the loss of your liberty or property is at stake.
* Your right to privacy – freedom from unwarranted government intrusion into your personal and private affairs.
We work also to extend rights to segments of our population that have traditionally been denied their rights….
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Communist Schimek has introduced a bill that destroys our inalienable rights endowed by our Creator and set forth in our Constitution.
Communist Schimek has introduced a bill that will enlarge government control, coffers and intrusion upon the rights of the citizenry. It is a payback bill for the communist cronies that wish to destroy this country.
Communist Schimek is a pawn for a far more menacing agent than that of the ACLU alone. As Communist Schimek and her ilk wish to intrude upon our rights as parents (endowed by our Creator) it is comforting to know that there is a God in heaven who will be the final judge of such Godless behavior.
As we pray for the dissolution of this bill, remember we must pray for the person and their salvation. Losing our liberty in the area of homeschooling, a heartache for sure, would be minimal if Communist Schimek travels the path to eternal damnation without our attempts at prayerful intercerssion.
We do not wrestle against flesh and blood, but against princes and principalities unseen: The ruler of this world.
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