Thursday, March 4, 2010

Rouge Homeschoolers Blocking Freedom for All

Over the past twenty years several people have hindered homeschooling freedom in New Hampshire. I am not sure if it is because of arrogance, ignorance or their own little power trips.

Chris Hamilton and Mary Faiella are actively working against homeschooling freedom and are not supporting HB 1580 which would give homeschoolers the freedoms that is enjoyed by homeschoolers in 24 states across the United States.

If you are moving to New Hampshire there is a chance you will lose the freedoms which you experience in other states.

Chris Hamilton is a member of the HEC and appears to be more interested in aiding the HEC and the DOE in blocking homeschooling freedom than pursuing homeschooling freedom. Mary Faiella is a part of this group has not come out in full support of HB 1580. Chenh has posted to ask members to support HB 1580 but at this point I am unaware of them sending out notices to encourage its members to attend meetings and support passage of 1580.

The HSLDA is also not putting their full support behind this Bill.

Doris Hohensee is the only true homeschooling advocate of freedom for homeschoolers in New Hampshire. She posted the following pieces on the Legalize Homeschooling Group.

Spelling and grammar errors as well as typos are left as an exercise for my readers.

Rep. Kim Shaw voted to ITL our bill during the final executive session over last minute concerns that DCYF would be the agency investigating any problems under the HB 1580 proposal. DCYF is not a problem in any of the other 24 states which allow complete homeschooling freedom, why should it be a problem in NH? It would seem that Rep. Shaw had been listening to the same misinformation that Chris Hamilton has been promoting.

And during the sub-committee session, as you may recall, Rep. Shaw had been listening to the same misinformation that Mary Faiella was promoting that the "purpose statement" of RSA 193-A was essentially the same as the Constitutional language in HB 1580.

This reminds me of how strongly I felt back in 1990 that it's a complete misnomer to classify those supporting state oversight of home instruction under RSA 193-A and those fighting for the liberty "to determine and direct the education of their children" as being similar in any way. We are most certainly not the same, and the NHHC and its representatives on the HEAC most certainly DO NOT REPRESENT the interests of liberty. For once again, the interests of liberty are being undermined nominally from within our own ranks.

Below is my note to Rep. Shaw....



Our bill, HB 1580 doesn't eliminate RSA 193-A, the home education law. So anyone worried about accountability could continue under the existing law.

But more importantly, home education is completely non-regulated in 24 states (see the list below). By population, that's more than half the home schoolers in this country have no oversight or regulation on their home programs. They haven't had any problems in these states. If they did, we would have heard because home schoolers are now interconnected via the internet. There are state groups and national groups that discuss these legal issues. Information exchange between states is very rapid.

The reason why there is no problem is because the initiation of any investigation for abuse or neglect requires probable cause to believe that a parent is neglecting or abusing their child.

The state needs probable cause to initiate an investigation to determine if there's sufficient evidence to prosecute the parent. After obtaining this information, the state must prosecute the parent in accordance with all Constitutional provisions for due process and a fair trial, during which the parent is considered innocent until proven guilty.

Some parents in other states maintain portfolios or obtain test results on evaluations as a precaution. If needed, this evidence will disprove any spurious allegations of educational neglect. But the parent need not submit this information until or unless charges are actually filed. Clearly, it would be very difficult for the state to prosecute random home schooling parents without cause.

Parents have these same "due process" rights under DCYF proceedings, unlike the current home education law where parents have no "due process" and are presumed guilty, required to submit evidence against themselves, etc. This is the problem: the total lack of "due process" under RSA 193-A despite the superficial inclusion of "grievance conferences," etc. That's too little too late, well after the parent's "due process" rights are trampled.

No person, including children, may be searched or seized without probable cause. All persons have the right not to incriminate themselves. All laws adopted to regulate education must be consistent and respectful of the equal protection provisions of the Constitution. The purpose of "due process" is to hold the government subservient to the law of the land, protecting individual persons from the state.

I'm very sorry to hear that you received this misinformation. I hope I've explained it clearly enough as it can be confusing even to myself on occasion. If there are any other concerns that would cause you to be unable to support HB 1580, please let me know.

There have been 15 bills brought before this legislature over last 20 years to either increase or decrease regulations on home schooling families. 15 bills in 20 years! Clearly, this issue is not settled in the hearts and minds of very many people.

1 comment:

Cathy Peschke with occasional posts by Jim Peschke said...

Someone objected to my assertions. They did not post a comment here but sent it via email. My response to the objector included some of the following.

Since 1990 how many Bills through legislators has CHENH put fourth to obtain complete freedom for New Hampshire Homeschoolers? Their website says they have worked to keep regulation at a minimum but they have not worked to get complete freedom.

Since 1990 how many homeschooling groups has HSLDA encouraged to put fourth Bills through legislators to get complete Homeschooling freedom for New Hampshire Homeschoolers?

Has HSDLA sent out letters to every member HEC on behalf of homeschoolers in support of HB 1580 and our Constitutional rights and homeschooling freedom for New Hampshire Homeschoolers?

How many alerts did HSLDA send out regarding HB 368 vs HB 1580?

Chris Hamilton and the HEAC have never put fourth a Bill for home schooling freedom. Her objection HB 1580 in a letter to the HEC speaks for itself. Her actions over the past 17 plus years speak for themselves as well.

Democracy and liberty are not the same. Democracy is little more than mob rule, while liberty refers to the sovereignty of the individual.
To which I say give me liberty or give me death.