The 78^th Texas Legislature officially began its session on January 14, 2003.  It is often said, “No man’s freedom or property are safe when the Texas legislature is in session.”  The Texas Home School Coalition Association has been monitoring the bills and activities of the legislature closely and sounding the alarm when bills that would be detrimental or helpful are before a committee or one of the houses of the legislature and opposition or support has been needed.   

It is important for ALERT readers to understand THSC Association’s general philosophy concerning its legislative agenda.  Top on its agenda is the protection of the freedoms that homeschoolers currently have in Texas.  If a bill arises that would erode any of that freedom, it becomes top priority.  In addition, the Association has adopted a pro-active agenda to seek legislative changes to resolve discrimination against home schoolers and/or give more freedom to home schoolers in Texas. 

One of the things people should know is that everyone has a limited amount of “political capital.”  In other words, THSC Association can ask for action by the home school community only so many times before the response begins to dwindle and eventually stops all together.  Recognizing this, the Association tries to be judicious in how to “spend” this capital.   

Its approach therefore is to monitor legislation and make the home school community aware as soon as it hears of any bill that might affect home education.  The Association gives a brief summary of the bill and why it thinks it detrimental or beneficial.  When and if the bill is scheduled for a hearing, it issues a call for action to communicate concerns to those members of the committee hearing the bill.  The time that a bill is being considered in committee is generally when it is easiest to kill a bad bill and when it is most critical to passing a good bill.  Once the bill passes to the floor of either the House or the Senate for a vote, the Association then issues a general call for action to the home school community to call their own legislators in support or opposition to the bill.  In taking such a measured response, THSC Association hopes to have a maximum impact on issues before the legislature that affect home schoolers. 

Some in the home school community, including friends at Home School Legal Defense Association, fear that if the term “home school” is mentioned in state law, it will somehow lead to a definition of home schooling as something other than a private school and will endanger the freedom from regulation that Texas home educators now enjoy.  However, the Texas Supreme Court clarified in the Leeper ruling that the legislature intended home schools to be considered private schools and exempt from the compulsory attendance law when it passed that statute in 1915.  The court also defined a home school as one in which a parent or one standing in parental authority is pursuing a curriculum that covers the basic educational goals of reading, spelling, grammar, math and a study of good citizenship.   

Furthermore, the term “home school” is already in Texas law. In 1999 the Texas Administrative Code dealing with the Texas Workforce Commission and admission into proprietary schools {Section 807.2(21)} was modified to define secondary education as “successful completion of public, private or home schooling at the high school level or obtainment of a recognized high school equivalency credential.”

 In 2001, Texas law was changed to require junior colleges and community colleges to allow private school students to take part in dual credit courses to receive high school and college credit for courses taken.  This change included the term “home school” to clarify that home schools were private schools and home school students must be given equal treatment.  (Click Here to read the Texas Education Code which contains the change)  The legislature was not “forced to define home schools and create appropriate controls” as some have argued would happen.  Far from endangering home schoolers’ freedom, this measure reinforced that the legislature views home schools as private schools; at the same time it removed a discriminatory policy against home schoolers.   

In the early 1980s the Texas House of Representatives debated the issue of home schooling in relation to a bill that would have increased the penalties for truancy.  The House rejected that attempt to criminalize home schooling.  It also rejected an attempt to repeal parent-taught driver-education in 1997, partly because it was seen as an attack against home schooling.  During the last session in the House Public Safety Committee, a bill that would have made it more difficult for parents to teach their children to drive was withdrawn because home schoolers opposed the bill and it was seen as anti-home schooling.   

In the current session in response to Senator Barrientos’ bill, SB 586 (See Problem Legislation article.), the Texas home-school community generated thousands of phone calls, e-mails, and letters against the bill to him and other legislators.  Association representatives have talked with a large number of legislators and believe this bill will not be passed into law because of the opposition of home schoolers and the support they enjoy among many legislators.   

Twenty years ago few people and even fewer legislators were familiar with home schooling.  At that time, Texas home educators felt that it was beneficial to be anonymous among private schools to avoid government regulation.  Today the academic success of home schooling is well known, and home educators’ political strength in defending their freedom is becoming legendary among legislators.    

Home schoolers should approach this legislative session without fear and with a determination to defend their freedom and to make legislative changes that will enhance home schooling and home-school freedom in Texas.  Regulation of home schoolers can only take place if legislation is passed in both houses of the Texas legislature and signed into law by the governor.  Although this is technically possible, through the consistent and vigilant advocacy of the home school community and by the grace of God, it will not happen.