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Advocates for Home Education in Massachusetts:
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The Logic Behind Our Legislative Alerts

State - Current
Various Bills to Raise Compulsory Attendance Age
Status: Included in SB 2462.

HB 399
"An Act to Institute Full Day Kindergarten." Status: Referred to Education committee.

HB 400
"An Act Relative to the Awarding of High School Diplomas." Status: Included in HB 4536, an order that gives the Education committee the authority to sit during the recess of the General Court to investigate and study issues relating to MCAS. The committee will make recommendations to the General Court on or before 12/31/08.

HB 416
"An Act Providing That Parents and Legal Guardians be Held Responsible for School Attendance of Children in Their Care." Status: Now part of HB 4596, a study order relative to authorizing the committee on Education to make an investigation and study of certain House documents concerning governance, parents and bilingual education.

HB 507
"An Act Relative to Home Schooling." Status: Now part of HB 4530.

Federal - current

State - Past
HB 1044
“An Act Relative to Increasing the Mandatory School Age."
Status:
Combined with other bills to create HB 4738 (see below)

HB 1202
"An Act Relative to Public School Attendance Requirements."
Status:
Combined with other bills to create HB 4738 (see below)

HB 1220
An Act Relative to Home Schooling (would allow otherwise instructed students to take MCAS & require schools to give students who pass public high school diplomas)
Status:
Bbecame part of a study order, HB 4822, and is now dead.

House Bill 4738
An Act Relative to Public School Attendance Requirements
Status: Dead.

SB 1907
An Act Providing for the Denial of Driver's Licenses to Truants
Status:
Included in SB 2417. Status: Dead.

SB 2125
“An Act Relative to Eligibility for a License to Operate a Motor Vehicle.”
Status:
Included in SB 2417. Status: Dead.


SD 2259
Home Education
Status: Dead

HD 4568 & SB 278, now HB 4666
An Act Relative to Ensuring That All Students Have Access to Educational Opportunities and Quality Learning Time (would have extended age of compulsory attendance)
Status: Dead

SB 1321
An Act Providing for the Denial of Driver's Licenses to Truants
Status: Dead

HB 1825
An Act to Improve Truancy Enforcement and Encourage School Attendance
Status: Dead

Federal - past
Miscellaneous current federal homeschooling legislation

HR 1815

HR 3139
Youth Worker Protection Act

HR 2732 / S 1562
Homeschool Non-Discrimination Act of 2003 (HoNDA)

Status: Dead, but some of its provisions have passed into bills in the 109th Congress

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Legislative Issues
State and federal legislation past and present that could affect homeschoolers in Massachusetts.

Legislative Update - March 2008
The current legislative session, which got underway in January of 2007, will end in December of 2008. There has been activity on several bills that AHEM has been tracking.

The following bills have been included in SB 2462, "An Act to Improve Dropout Prevention and Reporting of Graduation Rates":
HB 394, "An Act Raising the Compulsory Attendance Age to 18"
HB 401, "An Act Relative to School Age Attendance Requirements"
HB 402, "An Act to Prevent Students From Dropping Out of School"
HB 463, "An Act Relative to Encouraging Students to Stay in School"
HB 576, "An Act to Increase the Mandatory School Age"
HB 577, "An Act Relative to the Development of a Comprehensive Strategy to Prevent Students from Dropping Out of School"
SB 304, "An Act Relative to School Attendance"
SB 329, "An Act Changing the Maximum Required Age for School Attendance"
SB 343, "An Act to Encourage School Attendance and to Strengthen Parental Responsibility"
SB 357, "An Act Relative to School Attendance"
SB 366, "An Act to Amend School Attendance"

This new bill, SB 2462, makes tools available to school districts for accurate reporting of high school graduation and drop out data. It also establishes the "Graduation and Dropout Commission" to study dropout prevention and dropout recovery programs throughout the state. This commission will make recommendations on certain issues, such as raising the compulsory attendance age from 16 to 18. The text of the new bill can be found at http://www.mass.gov/legis/bills/senate/185/st02/st02462.htm.

HB 400, "An Act Relative to the Awarding of High School Diplomas," has been included in HB 4536, an order that gives the Education committee the authority to sit during the recess of the General Court to investigate and study issues relating to MCAS. The committee will make recommendations to the General Court on or before 12/31/08. The text of this order can be found at http://www.mass.gov/legis/bills/house/185/ht04pdf/ht04536.pdf.

HB 416, "An Act Providing That Parents and Legal Guardians be Held Responsible for School Attendance of Children in Their Care," is now part of HB 4596, a study order relative to authorizing the committee on Education to make an investigation and study of certain House documents concerning governance, parents and bilingual education.

HB 507, "An Act Relative to Homeschooling" and HB 523, "An Act Permitting Non Public School Students to take MCAS Exam" have become part of HB 4530. This bill gives the DOE responsibility for investigating the feasibility and costs associated with allowing non-public school and homeschool students to voluntarily be allowed to take MCAS in grade 10. The DOE will report their findings by November 15th, 2008. We have included the full text HB 4530 below.

"AN ACT PERMITTING NON PUBLIC SCHOOL STUDENTS TO TAKE MCAS EXAM.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
The Department of Education shall issue a report, not later than November 15, 2008, on the feasibility and costs associated with non-public school students and home schooled students in grade 10 voluntarily taking the MCAS exam at a non-public school site; and provided further, that said report shall be provided to the secretary of administration and finance, the secretary of education, the chair of the house ways and means committee, the chair of the senate ways and means committee, the house and senate chairs of the joint committee on education."

In MA law, homeschoolers are referred to as "otherwise instructed" in the compulsory attendance statute, Chapter 76, section 1. AHEM has contacted the Research Director of the Education committee, Nate Mackinnon, to ask that the term "home schooled" either be replaced with the term "otherwise instructed" or left out completely if otherwise instructed students are considered as "non-public school students." Mr. Mackinnon is going to check with counsel about whether changing the term is advisable (it may not be necessary since the bill does not amend a statute), but if it is, they will change the terminology. He says the intent in including it was a gesture to assure homeschoolers they were not being overlooked as a population, should voluntarily taking the MCAS become an option.

There has been no activity on HB 399, "An Act Relative to Full Day Kindergarten" and HB 527, "An Act Relative to Mandatory Minimum Age for School Attendance."


1 M. Larry and Susan D. Kaseman, Taking Charge through Homeschooling: Personal and Political Empowerment (Stoughton, WI: Koshkonong Press, 1990), p. 3.

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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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