[Congressional Record Volume 149, Number 117 (Friday, August 1, 2003)]
[Senate]
[Pages S10912-S10914]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CRAIG (for himself and Mr. Allen):
  S. 1562. A bill to amend selected statutes to clarify existing 
Federal law as to the treatment of students privately educated at home 
under state law; to the Committee on Finance.
  Mr. CRAIG. Mr. President, today I am introducing ``The Home School 
Non-discrimination Act'' (HONDA). This bill would clarify several 
existing Federal statutes which inadvertently exclude home schoolers. I 
am pleased the Senator Allen is joining me in sponsoring this measure.
  All to often, Federal laws relating to education have left out the 
millions of children across the Nation who are benefitting from home 
schooling. For example, home schoolers generally cannot qualify for the 
education savings accounts, unless they live in one of 13 states where 
a home school is treated as a private school. Also, home schooled 
students have found themselves to be ineligible for student aid in some 
circumstances.
  Nearly 2 million American children were home schooled during the 
2000-2001 school year. These are good students who frequently 
outperform their public school peers. For example, in 2002 home 
schoolers as a whole averaged over 70 points higher on the Scholastic 
Aptitude Test (SAT). Also, although home schoolers only make up about 2 
percent of the U.S. school-age population, in 2003 they made up 12 
percent of the 251 spelling finalists and 5 percent of 55 geography bee 
finalists.
  These students consistently score at the highest levels of 
achievement tests and get into some of the best colleges and 
universities in our Nation. They are hard working, intelligent, and 
active in their communities. However, these students may be denied 
services available to other students because of an oversight in Federal 
law. That is not right, and HONDA will rectify the situation. I hope my 
colleagues will join me and Senator Allen in this effort.
  I ask unanimous consent to print a section-by-section analysis of 
HONDA as well as the text of the bill in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                      Section-by-section analysis

       Sec. 1--Title.
       Sec. 2--Findings. This section merely states the findings 
     of Congress that parents have the right to home school their 
     children, home schooling is effective, and the Congress and 
     the Courts recognize the right of parents to home school 
     their children. It also states that certain federal laws 
     inadvertently exclude home schoolers, and that these laws are 
     in need of clarification.
       Sec. 3--Sense of Congress. This section states that it is 
     the sense of Congress that

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     home schooling has made a positive contribution to our nation 
     and that parents who choose to homeschool should be 
     encouraged in their efforts.
       Sec. 4--Clarification of Provisions on Institutional and 
     Student Eligibility Under the Higher Education Act of 1965. 
     To receive federal student aid, both a student and the 
     institution accepting that student must be ``eligible'' under 
     the Higher Education Act. It's been clear since 1998 that 
     home schoolers are eligible, but regulations promulgated in 
     the late 1990's called that eligibility into question. This 
     section would merely clarify that institutions which accepted 
     home schoolers would remain eligible for federal aid.
       Sec. 5--Clarification of the Child Find Process Under the 
     Individuals with Disabilities Education Act. Under IDEA, 
     local school officials must seek out students who may qualify 
     for special education services. There is no requirement under 
     current law that forces school personnel to ignore the wishes 
     of the parent and evaluate that parent's child under the 
     child find process when they are found, though. Some schools, 
     however, continue to force parents to submit their children 
     for evaluation, even when those parents intend to home school 
     their children. This section clarifies that if a parent does 
     not give his or her consent, then officials are not required 
     to evaluate their 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. This 
     section states that parents would be eligible to use money 
     saved in Coverdell Savings Accounts for qualified home 
     education expenses, just as parents of private and public 
     schooled students can now use that money for qualified 
     education expenses.
       Sec. 7--Clarification of Section 444 of General Education 
     Provisions Act as to Publicly Held Records of Students 
     Privately Educated at Home Under State Law. The Family 
     Educational Records and Privacy Act makes the records of 
     public school students unavailable to the general public. In 
     many states, though, home schooled students must file 
     information with public education officials. This information 
     is not protected by the Family Educational Records and 
     Privacy Act, even though similar records of public school 
     students are. This section would rectify this situation.
       Sec. 8--Clarification of Eligibility for Students Privately 
     Educated at Home Under State Law for the Robert C. Byrd 
     Honors Scholarship Program. This section would allow home 
     schooled students to apply for the federally funded Robert C. 
     Byrd Honors Scholarship Program.
       Sec. 9--Clarification of the Fair Labor Standards Act as 
     Applied to Students Privately Educated at Home Under State 
     Law. This section would allow students who are home schooled 
     to work during traditional school hours. Since home schooled 
     students are not bound by the traditional school day and 
     since many families choose home schooling for its 
     flexibility, it makes sense for the law to accommodate this 
     flexibility. This would not affect any other child labor 
     laws.
                                  ____


                                S. 1562

       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 (20 U.S.C. 1091(d)) 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:
       ``(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, 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, 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. 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 
     of 1938 (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

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     between the ages of fourteen and sixteen years who are 
     educated in traditional public schools.''.
                                 ______