http://www.leg.state.nv.us/73rd/bills/AB/AB42_EN.pdf

http://www.leg.state.nv.us/73rd/bills/SB/SB367_Ehttp://www.leg.state.nv.us/73rd/bills/AB/AB42_EN.pdfN.pdf

http://www.leg.state.nv.us/73rd/bills/SB/SB221_EN.pdf

Dear Nevada Homeschool Families,
June 9, 2005

Nevada Homeschool Network is pleased to report that 2005 has been a very successful year at the Nevada Legislature! Thanks to your phone and email responses when called upon, homeschool leaders were able to retain the support (and attention!) of legislators who had so many other issues besides homeschooling to attend to. Three bills are on their way to the Governor for his signature!

SB367
You may recall a little over a year ago when we put out an alert to all homeschoolers about some families being "forced" to homeschool. Using a law enacted in 1999, school districts were forced to inform the parents of an expelled student that they would have to provide an education outside of the public school
system. Since most private schools won't take expelled or troubled children, especially on short notice, they had no option but to homeschool. Because many such families are dysfunctional, no homeschooling took place.

SB367 gives other options, in addition to homeschooling, to the parents and the districts. These options include Distance Education, Independent Study, and certain types of Charter Schools. We are grateful to Senator Maurice Washington who chairs the Senate Committee on Human Resources and Education for his leadership in getting this passed! We also thank Bonnie Parnell, who chairs the Assembly Education Committee, for her leadership! Marsheilah Lyons and Rachel Pilliod, staff assistants, also provided invaluable time and assistance. Of all our bills,
this very important legislation was the easiest!

SB221
Last session (2003) we asked the Legislature to provide the right for homeschooled children to join a local sports team. That passed, but we found out later that the section of law being referred to was interpreted as applying only to high school sports.
We returned this session, asking for the law to be expanded to all grades of children, and for assurances that a league, district, or other governing authority couldn't prohibit a homeschooled child from joining a private school team (with the school's permission of
course) that belonged to the league. The Nevada Interscholastic Activities Association (NIAA) which governs high school sports in Nevada wrote a letter of support. SB221 was amended and passed in the Senate Committee on Human Resources and Education, heading to the Assembly Education Committee.

Meanwhile the NIAA was requesting clarification in the section of law that we had misinterpreted in 2003. Instead of references to an "association", the NIAA requested that their full name be inserted into the law. After passing committees in both houses, AB377 died in the Senate.

Our SB221 was struggling in the Assembly Education Committee, as concerns were expressed about language that applied to private schools. Some felt that the language was fine since it gave private schools complete choice. Others felt that a homeschooled
child should only be allowed to join a public school team. Some felt that private schools should be forced to accept a homeschool student just like public schools, and if they didn't want to they shouldn't join the league. And others felt that no reference
whatsoever should be made to private schools, which would effectively give them the right to have homeschoolers on their teams since no law forbade it. This last option was finally adopted by the Assembly Education Committee, and after Assemblyman Hardy read from the Assembly floor the bill's intent to allow
homeschoolers to play on private school teams, the Assembly passed the bill. But language problems in the bill still existed. The Senate rejected the Assembly's amendments, and the bill stalled while hallway negotiations began in earnest. Homeschool leaders finally proposed the addition of four simple words to clear the log jam, and to return thanks for the NIAA's support, requested that the language of AB377 be appended to SB221. This was agreed to in a Conference Committee on the last day of the legislature, and with everyone on board, SB221 passed both houses just after 11:30PM on that last day.

We are especially grateful to Senator Barbara Cegavske for sponsoring the bill and for her leadership! Her secretary Terri Miller put up with innumerable drop-in visits, phone calls and emails on this and several other bills, and helped in any way she could.
Assemblywoman Bonnie Parnell stretched to accomodate the widespread demands of her committee, and was always gracious and fair. Assemblyman Joe Hardy went far beyond the call of duty, making time to meet with us whenever necessary, and heroically defending the bill on the Assembly floor.

AB42
This bill was actually not "our" bill, and the language that we advocated for actually began as SB402. SB402 was a bill that affects all families in Nevada, not just homeschoolers. It was intended to reflect certain provisions of an existing Federal law
called CAPTA (Child Abuse Prevention and Treatment Act). These provisions require a child protective services (CPS) worker to be trained in the legal and Constitutional rights of families that they're
investigating, and it also requires them to notify the person on the initial contact of the allegation(s) being made against them. Homeschool families have long been persecuted by vindictive public school districts and ex-spouses with anonymous "tips" to CPS.
Bullying techniques commonly used by CPS workers include demands to enter homes for inspections and interviews with children, with threats of removal of the children by the Sheriff if there isn't immediate compliance, and all without informing the family of what the allegations are. Putting the Federal language into state law helps ensure compliance by the state social services agencies. See http://www.acf.hhs.gov/programs/cb/laws/capta03/sec_I_106.htm
(see b2A numbers xviii, and xix)


In the Senate Committee on Human Resources and Education there was some negative testimony by the Nevada Division of Child and Family Services administrator Jone Bosworth, claiming that the
legislation wasn't necessary, and that they in fact are already doing these items. Testimony regarding a pamphlet that is handed to the person at the door became a discussion of Miranda rights, and once that term was used it became difficult to refocus the
testimony onto the actual Federal language, which is informing the person of the allegation(s) against them (not of their legal rights). In a non-partisan mixed vote, the tie was broken by Senator Washington to pass the bill over to the Assembly Health and Human > Services Committee.


In a miscue, we missed the Hearing in the Assembly Health and Human Services Committee chaired by Sheila Leslie. We purchased a video tape, and learned that Jone Bosworth of DCFS again testified that the bill wasn't needed, and that they do these items already, but when questioned by the committee, she indicated
that they don't do all of them yet. Las Vegas Metro Police and several other agencies also testified against it because of several lines of language that could potentially affect their ability to do their police work even though they aren't a social service agency. The bill had little positive support.

After learning of the disasterous hearing, we met with the law enforcement agencies and asked HSLDA to assist us in addressing their concerns, which Senior Counsel Chris Klicka immediately did. We asked Sheila Leslie to please move the bill forward now that we had new language and law enforcement's support. Chairwoman
Leslie refused, saying that the votes weren't on the committee to pass it, that she was sorry we missed the hearing but we should have not missed it, and that she was doing us a favor by not letting the bill be voted on. We indicated that we'd like to let it be voted on so that our elected legislators might be counted, but
she (through her secretary) said she'd protect us from that because if it was defeated, it would be almost impossible to get it passed next session two years from now. She then said she'd put it to a vote if we could produce a majority of votes from her committee. We put out the alert, asking everyone to please contact their legislator. Hundreds did, but while our supporters on the committee (Sharron Angle, Joe Hardy, Garn Mabey and Valerie Weber) did what they could, we heard nothing from the other committee members (Sheila Leslie, Kathy McClain, Susan Gerhardt, William Horne, Ellen Koivisto, Bonnie Parnell, and Peggy Pierce), so
SB402 died.

Convinced that the Federal language is both good and important, and that if our DCFS is already doing it that there should be no problems, we asked the Senate Committee on Human Resources and Education for relief. This committee amended AB42 by adding the language of SB402 to it. When the Assembly got the bill back,
they rejected the amendment, forcing the bill to a Conference Committee. We attended this meeting, and once again Jone Bosworth of DCFS was there to assert that the language was unnecessary, that it isn't in Federal law, and tried to muddy up the waters by again using the Miranda rights term. Our representative
tactifully corrected and redirected Ms. Bosworth, and Senator Joe Heck skillfully addressed legitimate concerns by adding a line stating that CPS workers are not required or authorized to offer legal advice. The committee now agreed to the whole bill, and both
houses passed AB42 with the SB402 language now inside.

Again, we have so many people to be grateful to. Senators Maurice Washington, Barbara Cegavske, Bernice Mathews, and Valerie Wiener for getting it out of the Senate Committee. Senator Heck for keeping a clear mind under stress during the Conference Committee. Senator Washington once again for resurrecting the
bill in AB42. Plus the four Assemblymen that fought to keep the original SB402 alive. And all of the homeschool people who responded to our plea to call or email the legislators. Thank you so much! Without that show of popular demand it is pretty certain that political pressures would have forced the withdrawal of the language from AB42.

Conclusion

Be sure to thank the legislators who have helped us this year! And remember the legislators who worked against us! Homeschoolers have bipartisan support. No matter which political party you belong to, find out before you vote where your candidate stands on homeschooling. And watch the votes of your existing legislators! Homeschooling is a Federal Constitutional right, but there are many who would like to regulate it out of existence. Please be
vigilant!