Living in the Loopholes

Freelance Writer at Self Employed
Oct. 28, 2017
Living in the Loopholes
Living in the Loopholes
Living in the Loopholes
Living in the Loopholes
Living in the Loopholes
Living in the Loopholes
Living in the Loopholes
Living in the Loopholes
Living in the Loopholes
Living in the Loopholes
Living in the Loopholes
Living in the Loopholes
Living in the Loopholes
Living in the Loopholes
Living in the Loopholes
Living in the Loopholes
Living in the Loopholes
Living in the Loopholes
Living in the Loopholes
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Living in the Loopholes

Editor's Notes

  1. Explain why a presentation on homeschooling is appropriate for this conference. Child abuse occurs in the US at an alarming rate across populations. According to HHS’s Children’s Bureau 2015 Report on child maltreatment, “a nationally estimated 1,670 children died from abuse and neglect” in 2015. And “[f]or FFY 2015, there were a nationally reported 683,000 (rounded) victims of child abuse and neglect.” http://americanspcc.org/wp-content/uploads/2014/03/2015-Child-Maltreatment.pdf Homeschooling and religious fundamentalism combined make for a potent cocktail that puts children at even greater risk.
  2. Carmen: Homeschooled in Missouri from 1st-12th grade. Missouri is a no-contact, no-testing state. Only requirements were to maintain a record of schoolwork (which no one looked at), and to take certain subjects (which no one verified). Childhood experience: isolated, controlling, emotionally and physically abusive. Attended Patrick Henry College, founded by homeschooling parents for homeschooled students. Patriarchy: forbidden to choose my own husband. Now, a lawyer with expertise in homeschooling, child-protection, and family law.
  3. “In short, the entire educational, legal, and child protective system, which was built on the presumption of mandatory school attendance, had no response for the new challenges posed by the homeschool exceptions that were grafted onto that system over the past three decades.” - My Note Review the history of homeschooling laws. - Homeschooling illegal in most states. - HSLDA founded in 1983. - Almost exclusively through state-level legislative victories, homeschooling was legalized in all 50 states by early 1990s. - A deregulation crisis that continues to this day: Iowa (deregulation in 2013), Pennsylvania (2014). Provide outline of current child-protection laws. Child protective services are created by statute in each state. As a government agency, they are empowered to do only what their authorizing statute tells them they may do. Those statutes by and large were written with the presumption that children would be in school, either public or private, and therefore seen 5 days/week by mandatory reporters. Trained mandatory reporters are the front line of defense in this structure. Homeschooled students, however, can be cut off from mandatory reporters very easily. And even when a report is made, it is very difficult for social services to interview a homeschooled student. CPS also has limited resources and assign its enforcement priorities accordingly. Important backdrop: James Madison famously said that if men were angels, no government would be necessary. But since they aren’t, a governmental system based on checks and balances is best, so that power can counteract power, and the natural vices of humankind work to keep the system safe. Those checks and balances do not exist when it comes to our child-protection system. Doctrine of constitutionally protected parental-rights. Remind audience: The existence of a requirement on the books does not ensure enforcement.
  4. Per HHS’s Children’s Bureau 2015 Report: “For 2015, professionals made approximately three-fifths (63.4%) of reports alleging child abuse and neglect.” http://americanspcc.org/wp-content/uploads/2014/03/2015-Child-Maltreatment.pdf Twenty-five states do not require homeschooled students to ever take a standardized test. Almost half of the states that do require testing allow parents to avoid this requirement either by claiming a religious exemption or by operating as a pseudo private school. According to the Coalition for Responsible Home Education, “[t]here are only 9 states that both require parents educating their children at home to do so under the homeschool statute with its assessment requirement and [also] have a process for identifying and helping students not making academic progress....” Eleven states never require parents to notify the school district of their intent to homeschool—meaning state authorities have no idea whether the child is truant or is receiving instruction at home. In fact, the state may not even know that the child exists. Forty-one states either do not have minimum teacher qualifications or provide options whereby parents can avoid any such requirement—meaning parents without a high school diploma can homeschool their child through grades the parent did not complete. Fourteen states have no subject matter requirements. Of the states that do, many undermine these requirements with religious exemptions that allow a parent to avoid any topic—such as science—that the parent finds antithetical to his or her religious beliefs.”
  5. Why is the lack of a safety net especially dangerous for homeschool students? The homeschooling culture.
  6. Reiterate: Types of abuse and neglect that can occur to any children, so it’s important to keep these in mind when concerned about any of the children in our lives. Homeschooled students face even more danger from these types of abuse and neglect.
  7. Doing the work: Do the children talk about not doing school? Do they seem to spend an unusual amount of time working, doing chores, caring for younger siblings? Do they express frustration about not having enough time to get their homework done? Story: Student only doing work one day a week. Grade level: certainly homeschooling allows for flexibility, but flexibility does not mean ignoring educational-attainment metrics wholesale. Story: Child in the middle school and cannot read; high-school senior unable to do multiplication tables.   Typical subjects. Laws in some states allow parents to simply never teach science. Sometimes students stop studying math when it becomes difficult for their parents to teach. Sometimes parents see no need for girls to continue to learn math, particularly algebra. Be especially watchful as students reach high school. Taking standardized tests or having a portfolio review is a good sign, but not an absolute indication that no education neglect is occurring. College admission - transcripts, FAFSA.
  8. Story: Faith Pennington in Texas; working under the table as an adult. Reiterate: We live in a post-9/11 world where such identification documents have become crucial to basic life functions like employment and transportation. Again, think about the situation in practical steps. In order to obtain a driver’s license, what documents do you need? In order to get a job, what documents do you need?