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House
Bill 1220
April
2006 update:
This bill has become part of a study order, HB 4822, and is now
with a study committee in the House. In the study committee, the
bill will undergo further review. If the bill doesn't move from
that committee by December 31, 2006, it will be considered "dead."
On May
5th, 2005 a public hearing to afford citizens, legislators and
lobbyists the opportunity to express their views, was held on
House Bill 1220, which would allow homeschoolers to take the MCAS
at state expense, and require schools to award diplomas to homeschoolers
who pass MCAS and request a diploma.
The
researcher for the Education Committee told us a woman and her
daughter were the only two people to testify at the public hearing.
The bill was also mentioned by a few other people as they spoke
in support or opposition to other bills that day. Researchers
are now going through the written testimony that has been submitted
and sorting that out to be included in the official record.
There
is no executive session scheduled yet for this bill. The executive
session is for the committee to review the public testimony and
discuss the merits of the bill before making their recommendations
to the full membership of the House. The committee then issues
its report, recommending that a bill “ought to pass”
or “ought not to pass” and the report is submitted to
the Clerk's office. An “executive” session in the legislature
is not private. The public may observe, but not participate in,
these meetings. (Information on how the legislative process in
Massachusetts work is taken from http://www.mass.gov/legis/lawmkng.htm.)
If you
didn’t express an opinion on this bill but now wish you had,
it is not to late to email or call your own representatives and
the chairs of the Education committee. See below.
Thoughts
on HB 1220
HB
1220, a bill filed by Rep. Paul Loscocco (Republican - Eighth
Middlesex), has been assigned to the Education committee. The
bill would amend Section 1I of chapter 69 of the general laws.
The bill refers to students who are "otherwise instructed."
Since homeschoolers in Massachusetts fall under the category of
"otherwise instructed" in the Massachusetts general
laws, this bill would affect homeschoolers. While the text of
the bill refers to private and parochial students as well as to
otherwise instructed students, the description of the bill in
the House Docket says, "Home schooling."
The bill (text below) would:
• require schools to allow homeschoolers and private school
students residing in their district to take the Massachusetts
Comprehensive Assessment System (MCAS) exam;
• require the state to pay for the administration of the
test;
• require schools to award diplomas to homeschoolers who
pass MCAS and request a diploma;
• allow schools to offer "remedial" help for homeschoolers
who "fail… to meet the requirements of the competency
determination;"
The above is what we know about the bill. In reading it, we
find some grey areas to consider:
This bill could create administrative confusion for homeschoolers
and school officials.
• Is this bill asking for special treatment of homeschoolers
by requiring schools to issue diplomas based solely on passing
MCAS, thereby rendering local graduation requirements meaningless?
Or would superintendents feel the need to fulfill their mandate
to assure that every student receiving a high school diploma in
their district fulfills local graduation requirements, which include
coursework as well as a passing grade on the MCAS, and so make
excessive demands on homeschoolers?
• How might the requirement that schools issue diplomas
to homeschoolers who pass the MCAS affect the expectations schools
have for all homeschoolers in their district, any of whom
may decide to opt for the exam at some future date? Would approval
of plans become tied to how closely they are aligned to the Massachusetts
curriculum frameworks? Would superintendents feel obligated to
disapprove of future homeschool plans for homeschooled students
who have failed MCAS?
• How might superintendents respond to homeschoolers who
fail the exam, given that the current text of the bill appears
to allow the school to decide whether to provide a remedial plan
to a homeschooled student who fails MCAS? Although the bill allows
private and parochial students to take MCAS, those students are
not included in the section that addresses remedial plans.
And:
• According to the Massachusetts Department of Education,
"…the MCAS tests, … are designed to measure
the academic progress of students enrolled in publicly supported
schools and the performance of those schools." The MCAS
is intended to reflect how well actual schools are performing
in implementing the frameworks outlined in the Education Reform
Act of 1993, as well as to assess whether individual students
are being educated sufficiently through the application of the
frameworks. Might using a test that was created for these very
specific purposes as nothing more than a hoop to jump through
to be issued a diploma from a school the student did not actually
attend feel to school officials like mocking the test and the
system it is designed to evaluate? Might it create antagonism
between homeschoolers and schools?
• The federal No Child Left Behind Act (NCLB),
requires public school students to fulfill a range of requirements
for their school to be eligible for federal funding. These
include the statewide MCAS exam; providing the same academic standards
for all schools and children in the State; and "adequate
yearly progress," of which measurements include graduation
rates for high schools and attendance rates for elementary and
middle schools. Would it be a violation of NCLB to issue a diploma
to students who may not have met all the federal requirements?
Whether it actually is or not, will superintendents be confused
and concerned about this in practice, and make homeschoolers'
lives more difficult because of that confusion?
• Whenever a bill is introduced, the possibility exists
that it will be modified as it passes through the legislative
process. In the current climate of high stakes testing and
greater accountability, is it in homeschoolers' best interests
to push for a bill that would require spending state and local
time and money on homeschoolers, with no benefit to the public
school system? Does this bill create an opportunity and justification
for our legislature to demand greater regulation of homeschooling
in Massachusetts?
Also
consider:
• High school diplomas are not necessary for homeschoolers
to pursue college or other goals in the majority of cases.
For most of homeschooling history in Massachusetts, homeschoolers
have gone on to pursue goals after homeschooling, including matriculating
at selective universities, without diplomas.
• Most colleges are familiar with homeschooled applicants,
and are primarily interested in their portfolios, the meat of
the application, considering a high school diploma or GED a bureaucratic
box to check off in some cases. It is wise to check with places
of interest, such as candidate colleges, workplaces, or the military
to find out what their acceptance and matriculation requirements
are.
• High school diplomas are not necessary for federal financial
aid. See Homeschoolers
and Federal Student Aid.
• In cases where diplomas are required, alternatives to
public high school diplomas are currently available to homeschoolers.
The General Education Development Diploma (GED) already exists
as a widely accepted credential, as well as other alternatives
to public high school diplomas, such as parent issued diplomas,
or enrollment in an umbrella school or a correspondence school
that offers a diploma program.
• The GED is an appropriate test for students such as homeschoolers,
who have embraced an alternative education style, to measure their
knowledge and academic skills against those of today's traditional
high school graduates. The GED Tests measure knowledge in five
different areas: language arts, writing; social studies; science;
reading; and mathematics. Statistics: About two-fifths of graduating
high school seniors don't pass the tests under current score requirements.
About one in twenty first-year college students is a GED graduate.
(http://www.acenet.edu/clll/ged/index.cfm)
How
to respond
AHEM's
position: As parents who have chosen to "otherwise educate"
our children, we feel this bill is unnecessary, and could possibly
create problems for homeschoolers in exchange for dubious benefit.
AHEM
representatives have been in contact with Rep. Loscocco and his
staff to voice our concerns about the bill. We also hand delivered
letters to members of the Education committee, detailing our concerns.
The public hearing is scheduled for Thursday,
May 5 at 1:00 pm in Room B-2 of the State House. Homeschoolers
who would like to voice their opinion about the bill are welcome
to attend this hearing.
If you'd
like to voice your opinion about this bill, the most effective
thing you can do is to let your own state senator and representative
know your position. (Find their names and contact info here: www.wheredoivotema.com/bal/myelectioninfo.php)
Best
is a letter in your own words, but even just a phone call or
email stating your position, no reason given, is better than saying
nothing at all. If you write a letter, it can also help to
copy your letter to the Chairs of the Joint committee on Education,
Senator Robert Antonioni and Representative Patricia Haddad.
If your
senator or representative happens to be a member of the Joint
committee on Education (see members here:
www.ahem.info/CommitteeonEducation
ArtsHumanities.htm), then we urge you to take the extra time
to write him or her a letter in your own words, as your opinion
will carry more weight than the average Joe's.
If you
would send AHEM a copy of your letter, or just let us know that
you've made your voice heard, we'd be most grateful. Please drop
us a line at info@ahem.info
or PO Box 1307, Arlington, MA 02474.
Points
to consider when formulating your thoughts:
• HB 1220 places an administrative and fiscal burden
on the public schools.
• The MCAS is intended to reflect how well actual schools
are performing in implementing the frameworks outlined in the
Education Reform Act of 1993, as well as to assess whether individual
students are being educated sufficiently through the application
of the frameworks. The MCAS were developed for a specific purpose,
one that is beyond the scope of homeschooling.
• Oversight of home education is a local function in Massachusetts,
enabling school authorities to exercise discretion and flexibility
in evaluating home education plans and student progress. This
bill interferes with local oversight by requiring schools to issue
diplomas to homeschoolers who pass the MCAS and request a diploma.
We are concerned that this requirement could create administrative
confusion for homeschoolers and school officials.
• Are the requirements of the bill in sync with the federal
No Child Left Behind Act (NCLB), which requires public
school students to fulfill a range of requirements for their school
to be eligible for federal funding?
• When we chose to homeschool, we did it with eyes open,
making the decision to forego public high school diplomas in favor
of the freedom that homeschooling allows us and our children.
• Most colleges are familiar with homeschooled applicants,
who have chosen an alternative form of education. Diplomas are
not necessary for college admission or to qualify for federal
financial aid.
Text
of HB1220
SECTION 1: Section 1I of chapter 69 of the general laws, as appearing
in the 2000 official edition, is hereby amended by inserting after
the sixth paragraph the following two paragraphs:
The
superintendent of every public school district in the commonwealth
shall on or before October 15 each year notify in writing the
headmaster of each private and parochial school and the parent
or guardian of every student who is otherwise instructed within
the district of the opportunity for said private or parochial
school or otherwise instructed student voluntarily to participate
in and with the statewide assessment of students in grades 4,
8, and 10 as authorized in section 1I of chapter 69; provided,
however, that the results of any such assessment tests by private
and parochial school students or of any student who is otherwise
instructed shall not be used to evaluate the performance of any
public school within the school district or the performance of
the school district and all records of such results shall be collected
and maintained separately by the department; provided further,
however, that no public funds shall be expended by the public
school district for any costs associated with the acquisition,
distribution, or administration of said tests relative to any
student of each such private and parochial school unless that
student resides in the public school district where such private
or parochial school is located. Any private or parochial school
or the parents or guardians of any student attending any private
or parochial school or of any student who is otherwise instructed
electing to have any student participate in said testing shall
notify the superintendent of the decision no later than November
15, with any such participation at all times to be voluntary.
Any
student who is otherwise instructed pursuant to this section and
who requests a diploma from a public high school shall be required
to satisfy the requirements of the competency determination established
in section 1D of chapter 69 as a condition for receiving said
diploma, which upon satisfaction of such requirements of competency
determination shall be granted; provided, however, that the assessment
instrument used to verify competency determination shall be given
at state expense; and provided further that in the case of any
student who is otherwise instructed and fails to meet the requirements
of the competency determination, the school district may, but
shall not be required to, provide a remedial plan as defined in
subsection (i) of section 1D of chapter 69; provided, however,
that nothing herein shall limit the rights of any student otherwise
instructed who re-enrolls as a student within the public school
district.
Links
Section 1I of chapter 69 of the general laws
http://www.mass.gov/legis/laws/mgl/69-1i.htm
Section 1D of chapter 69 of the general laws
http://www.mass.gov/legis/laws/mgl/69-1d.htm
AHEM's
letter to the Education committee
- March 24, 2005
Advocates
for Home Education in Massachusetts, Inc. (AHEM) is a nonprofit,
independent, grassroots, volunteer-run, educational organization
that gathers and disseminates information about homeschooling
in Massachusetts through education, advocacy, and events. We are
writing to you regarding House Bill 1220, filed by Rep. Paul Loscocco
(Republican - Eighth Middlesex), which has been referred to the
Joint committee on Education.
In Massachusetts
homeschooling is governed by case law, in conjunction with applicable
statutes. The most important case is Care and Protection of Charles
& others, 399 Mass. 324 (1987). In this case, the Supreme
Judicial Court of Massachusetts upheld the compulsory attendance
statute, General Laws Chapter 76, Section 1: "Every child
between the minimum and maximum ages established for school attendance
by the board of education, … shall, subject to section fifteen,
attend a public day school in said town, or some other day school
approved by the school committee, … but such attendance shall
not be required of a child … who is being otherwise instructed
in a manner approved in advance by the superintendent or the school
committee." Homeschoolers are "otherwise instructed."
In its decision, the Court was aware of the need to balance two
basic tenets - the constitutional right of the parents to homeschool
and the state's interest in the education of its citizenry. The
result was delegation of homeschooling oversight to local school
districts. Each city or town has discretion in determining how
to conduct oversight.
HB 1220
would amend Section 1I of chapter 69 of the general laws. It would:
• require schools to allow homeschoolers and private school
students residing in their district to take the Massachusetts
Comprehensive Assessment System (MCAS) exam;
• require the state to pay for the administration of the
test;
• require schools to award diplomas to homeschoolers who
pass MCAS;
We have
a variety of concerns about the bill:
• HB 1220 places an administrative and fiscal burden on the
public schools to "notify in writing the headmaster of each
private and parochial school and the parent or guardian of every
student who is otherwise instructed within the district of the
opportunity for said private or parochial school or otherwise
instructed student voluntarily to participate in and with the
statewide assessment of students in grades 4, 8, and 10…"
There are also costs involved with the acquisition, distribution,
and administration of the test, and the collection and maintenance
of test results.
• According to the Massachusetts Department of Education,
"…the MCAS tests, … are designed to measure the
academic progress of students enrolled in publicly supported schools
and the performance of those schools." The MCAS is intended
to reflect how well actual schools are performing in implementing
the frameworks outlined in the Education Reform Act of 1993, as
well as to assess whether individual students are being educated
sufficiently through the application of these frameworks. Using
a test that was created for these very specific purposes as a
hoop to jump through to be issued a diploma from a school the
student did not actually attend does not remotely relate to the
intent and purpose of the test.
• Oversight of home education is a local function in Massachusetts,
enabling school authorities to exercise discretion and flexibility
in evaluating home education plans and student progress. This
bill interferes with local oversight by requiring schools to issue
diplomas to homeschoolers who pass the MCAS. (Prior to the graduation
requirement that students achieve a passing score on the 10th
grade MCAS, the decision to issue diplomas to homeschoolers was
left to the discretion of local school districts.) We are concerned
that this requirement could create administrative confusion for
homeschoolers and school officials. The possibility that homeschoolers
might opt to take the MCAS and thereby become eligible for a public
high school diploma might cause schools to feel pressure to make
homeschoolers' curricula conform to that of the public schools,
thereby impinging on our freedom to individualize educational
methods and approaches for our children, one of the primary reasons
we choose to homeschool, and a right that is guaranteed in Massachusetts
case law governing homeschooling. (Charles at 339) Also, would
requiring schools to issue diplomas based solely on passing MCAS
render local graduation requirements meaningless?
• Are the requirements of the bill in sync with the federal
No Child Left Behind Act (NCLB), which requires public school
students to fulfill a range of requirements for their school to
be eligible for federal funding?
While
this bill does not directly address the issue of private and parochial
school students' eligibility for the Adams Scholarships, it would
remove the current obstacle of them not being allowed to take
the MCAS. One way to address the scholarship eligibility issue
that would avoid the confusing elements of this bill, would be
to change the eligibility requirement for the Adams Scholarship
from the MCAS to the SAT or other test or GPA that is not based
on the Massachusetts Curriculum Frameworks, thereby leveling the
playing field for all students in Massachusetts, public, private,
or otherwise instructed. (See Georgia's HOPE Scholarship www.gsfc.org/HOPE/index.cfm.)
Most
colleges are familiar with homeschooled applicants, who have chosen
an alternative form of education. Diplomas are not necessary for
college admission or to qualify for federal financial aid. In
cases where diplomas are required, the General Education Development
Diploma (GED) already exists as a widely accepted credential,
as well as other alternatives to public high school diplomas,
such as parent issued diplomas, or enrollment in an umbrella school
or a correspondence school that offers a diploma program.
As parents
who have chosen to "otherwise educate" our children,
we feel this bill is unnecessary. When we chose to homeschool,
we did it with eyes open, making the decision to forego public
high school diplomas in favor of the freedom and flexibility that
homeschooling allows us and our children. We are able to do what
works best for our children because we do not have the restrictions
of public school. We respect that the MCAS tests were developed
for a specific purpose, one that is beyond the scope of homeschooling.
Thank
you for taking the time to consider our opinion. Please do not
hesitate to contact us if you have any questions.
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The
information on this website does not constitute legal advice;
it is provided for informational purposes only.
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