Massachusetts Senate Bill 1321
April 2004: SB 1321 was included in a study order for the last 10 months or so. The Clerk's office says a study order is usually a good way to "hide" a bill, ie: put the bill in limbo so it doesn't come up for a vote. He said the bill is now with the Senate Rules Committee. It will stay there unless someone in a leadership position makes a motion to move it out of the Rules Committee. If it moves, it still has to go to the Committee on Steering and Policy. That committee can then decide to schedule it for a vote. If no one makes a motion to move it out of the Rules Committee, which seems to be the case here, (according to the Clerk), the bill will just die in that committee.

Letter sent by AHEM re: Massachusetts Senate Bill 1321

This letter was sent to members of the Public Safety Committee.

June 26, 2003

Dear Senator:

We write to you in opposition to Senate Bill 1321, an act providing for the denial of driver's licenses to truants. The bill requires that the "registrar may issue a license or permit if the applicant provides certification from his school committee that he has received a high school diploma, GED, or certificate of high school completion," or "is enrolled in a private or public school and satisfies relevant attendance and academic requirements," or "is enrolled in a home education plan that satisfies the requirements of all state laws governing such courses."

Our biggest concern is the effect this bill will have on home educated young adults. Senate Bill 1321 states that "a registrar may issue said license or permit if the applicant provides certification from his school committee that said applicant ... is enrolled in a home education program that satisfies the requirements of all state laws governing such courses." However, there is no applicable state law governing the home education of a young adult who reaches the age of sixteen: Massachusetts General Laws, Chapter 76, sec. 1, the compulsory education statute, no longer applies. Chapter 76, Sec. 1 provides that all children between the ages of six and sixteen receive an education. Following the guidelines set down in the Charles decision (1987), schools may require parents of home educated students between the ages of six and sixteen to submit educational plans for their children. Once a home educated student reaches the age of sixteen, parents are not required to seek the approval of school authorities since Mass. G.L. chapter 76 no longer applies.

Home educated young adults are frequently involved in a wide variety of activities, including college courses, apprenticeships, community service, and the like. These activities are part of their education and frequently require that they be able to drive to and from these commitments. Being denied a driver's license would pose an undue hardship on them and hinder their educational pursuits.

Because Senate Bill 1321 is

• most likely an ineffective measure to discourage truancy (research has shown that withholding a driver's license has not kept students in school or motivated them to work harder), and
• will burden schools with cumbersome administrative tasks and record keeping at a time of budgetary restraints as well as
• cause an undue hardship to a category of young adults that are home educated but do not by any means meet the standard of "truant,"

Advocates for Home Education in Massachusetts strongly opposes its passage.

[end of letter]

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