Information Bulletin #1 - Higher Education Act changes HB 2732 - SB1562 10/27/2003
Did you know that: A letter was written in November 2002 by the
Department of Education to clarify the issue regarding college admittance and homeschoolers. The letter "Eligibility of Home-Schooled
Students – Institutional and Student Eligibility" can be found at
http://www.ifap.ed.gov/dpcletters/GEN0211.html
In summary, this letter states that an
institution can admit most home-schooled students as regular students without
jeopardizing its eligibility to participate in the Title IV, HEA student
financial assistance programs. The Department considers that a home-schooled
student is beyond the age of compulsory school attendance if the State in which
the institution is located does not consider the student truant once he or she
has completed a home-school program. Enrollment of these students would
therefore not jeopardize the institution’s eligibility. The Department of
Education explains Title IV, HEA program institutional and student eligibility
issues, but emphasizes that decisions regarding admission standards and
requirements for students, including home-schooled students, are generally
matters of individual institutional policy. Additionally,
this letter was accepted and understood by the people who are
introducing changes to the Higher Education Act with HB2732/SB1562, and in
fact they have stated it in their own issue analysis document of June
19, 2003; "Furthermore, institutions of higher learning that receive
federal aid can admit homeschool graduates, at any age, without endangering
their institutional eligibility. For federal financial aid, homeschoolers need
only self-certify their homeschool diplomas." http://www.hslda.org/docs/news/hslda/200306/200306190.asp
So: with regard to federal legislation
that is being considered (HR2732/SB1562) the following section revision is
totally unnecessary!
"SEC. 4. CLARIFICATION OF PROVISIONS ON
INSTITUTIONAL AND STUDENT ELIGIBILITY UNDER THE HIGHER EDUCATION ACT OF 1965.
This is one of several provisions in
HR2732/SB1562 that purport to resolve a "problem" encountered by one
or more homeschoolers in accessing certain institutional or financial benefits.
While it may be true that homeschoolers have encountered difficulties from time
to time, there are many ways to resolve problems other than litigating or
instituting new federal statutory law. One way of resolving difficulties is
through the use of persuasive precedent. For example, if one institution of
higher learning implements roadblocks to allowing participation of
homeschoolers, homeschoolers may easily obtain information and statistics from
the multitude of other institutions of higher learning that have welcomed
participation of homeschoolers. Those in the institutions that
are reluctant to admit homeschoolers can be educated as to the benefits
of admitting them and can be persuaded to do so, even if on a case by case
probationary basis. Certainly, there are many support groups that are willing
to provide information and assistance to those in need to help persuade the
reluctant. These methods are being used successfully throughout the country on
a daily basis. These methods also succeed in avoiding government regulation.
In addition, introducing the language of
"satisfaction of secondary education standards" presents the idea
that homeschool students should comply with the government's education
standards. Homeschoolers are exempt from the No Child Left Behind
Act. The mere suggestion of this proposed legislation as a reasonable
requirement incorporates potential harms for our future freedoms during this
time of testing to follow standards.
There have been many homeschoolers, as well
as those under the age of 18, who have been admitted to many colleges
throughout the country. If colleges or universities refuse to admit
homeschoolers based on the fear of losing their grant eligibility then they
should be educated about their error and be shown a copy of the Department of
Education's letter. Homeschool support organizations could lend their influence
by distributing information and attending instructional meetings with the
administration of these institutions. These are just a few examples of how similar
problems have been resolved. Even if other solutions fail, homeschoolers have
the option of attending a variety of other institutions. Choosing to attend a
different school is a far superior alternative than to resolve the problem by
implementation of federal law.
Attorney Deborah Stevenson - Executive Director of National Home
Education Legal Defense. – www.nheld.com or email : info@nheld.com
Judy Aron -
Director of Research, NHELD – imjfaron@sbcglobal.net