The bill is effectively dead, but not over

cd_03.JPGI have several pages of notes, and to the many people coming here right now searching for information about LB 1141’s hearing in the education committee, feel free to ask any questions about what happened and I will try my best to answer. I may post a summary of quotes later (tomorrow?), because there really were a lot of interesting statements.

Over 1,000 homeschoolers attended today’s hearing, in a state which is estimated to have just less than 6,000 homeschoolers. Among the many who stood up for homeschool liberties today, I would like to take a moment to thank someone who likely will not receive a great deal of praise among homeschoolers today. But amidst all the statements made that I would seriously like to have Senator Schimek rethink, something stood out to me that should not go without notice.

As a senator left over from the great debate regarding school accreditation which tore the legislature apart in the wake of the state’s crackdown on unaccredited schools, she shared interesting insights into what has become Nebraska’s homeschooling law. First, was the expectation that “something” would be done to monitor the education as a result of these laws, which actually can be seen in the current law which I will address later. Second, was the fact that the legislators did not envision homeschooling in these laws. They were specifically addressing unaccredited, primarily parochial, schools operating in the state. This is the part that stood out to me: over the last 20+ years, Senator Schimek has gone from being completely opposed to homeschooling to recognizing that homeschooling is a viable educational option for “many” families, and that “many, if not most” homeschoolers do a fine job.

Although she is leading the charge against homeschool liberties, I wanted to take that brief moment to point out what effect experience with homeschool families can have on public opinion, including on the opinion of a legislator with years of experience with the public school system, years of experience as a legislator, and years of supporting the goals of the National Education Association.

And now for what likely will happen from here:

As the Omaha World-Herald reported, the bill really does not have legs at this point. It is effectively dead and this was it’s “last hurrah” as an NCHEA representative described it after the hearing.

For all the debate spawned by the bill, it stands little chance of becoming law. By Tuesday, the Legislature will be halfway into its short session. The bill also lacks the priority tag that gives bills the best chance of being debated by the full Legislature.

If it does pass, Gov. Dave Heineman has said he will veto the measure. Omaha World-Herald (via HE&OS)

Several important points to remember:

    1. The bill has the general support of the education committee, although it will likely be amended before it leaves the committee. The one component that will definitely be included is having the state pay for the oversight, rather than homeschoolers, and there may be more of a “plan for remediation” rather than directly removing identified students from homeschools.
    2. The bill lacks priority status, so something drastic would have to happen for this bill to see the floor this session.
    3. Bills cannot carry over from this session to the fall session. This bill is effectively dead.
    4. This bill does, however, possess rather broad support. Twenty senators have indicated opposition to the bill. Fifteen have indicated they oppose the bill as it is currently written.
    5. There is little doubt that similar legislation will be introduced next session when procedural limitations will not interfere with the debate. We do not know how many senators who have indicated opposition will choose to support an amended version of the bill.
    6. The governor told an assembly of homeschoolers that he would veto this bill if it crossed his desk. He did not, however, discuss where his boundaries lie and what amendments he may consider. We do not know how strong of an advocate we have in the governor’s mansion.
    7. Regardless of his stance, this legislature has overridden two vetoes already this session, one of which was one of Schimek’s other bills. Vetoes are relatively easy in Nebraska given the fact we have a unicameral legislature.

Nothing was really gained today but time. And I am wondering how to most effectively use that time. I have a lot more thoughts to share later, but please feel free to continue leaving links to research and quotes (with citations please!) which support the independence of homeschool families. Quite a few legislators will be replaced in the upcoming election due to term limits, and I am guessing that given the general complacency of Republicans in this elections, that could favor Democratic legislators rather strongly. I do not know how much of a difference that will make, if any, but there will likely be a shift in the balance of power.

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For more information on LB 1141, you can click on the category LB 1141 and find everything I have written so far.

Photo source: Nebraska Capitol

[tags]homeschool, homeschooling, LB 1141, Schimek[/tags]

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5 Comments

  1. JJ Ross, February 27, 2008:

    What about the unpleasant possibility of it being amended onto a train bill, something that WILL pass and running down the well-greased tracks at the end of session? That’s what tends to happen here –

  2. Dana, February 27, 2008:

    General consensus is, that won’t happen. Each legislator was allowed to put a priority tag on a bill they wanted to have debated before this short session ends, and this bill lacks that tag.

    Given its general support, however, it really does look like we will be revisiting this in the fall.

    I have a few things to say yet to the education committee. : ) They kept asking a question that really was never answered, which is really what I was trying to get across in my written testimony. I want to revise and refocus that to hopefully address the fundamental difference between homeschools and the public school and why testing can be detrimental, even in a superior homeschool.

  3. Karen Edmisten, February 27, 2008:

    Dana,
    Thanks so much for your work and all your reporting. I agree that there’s a fundamental problem that has to be addressed for the legislature to see that this bill is unnecessary. The “teach/memorize/pass a test” model of education is not the only way — and certainly not the best way — to teach. Until they can see that, they’ll fail to see what’s wrong with testing and oversight.

    One other thing I mentioned in a letter to one of the senators is that assessment is easy for homeschoolers. We assess our children daily. No test result would surprise me, as I know exactly where they’re weak and where they’re strong.

    And, high student-teacher ratios, which are a fact of life in public schools, require more standardized assessments, because teachers are only human and need the data in black-and-white to adequately track and follow-up on the progress of their many students. In a homeschool environment that is simply not the case.

  4. Bryan, February 27, 2008:

    Unfortunately I believe we are missing the point. The real battle is not over the testing of students but the consolidation of control/power by certain interests both governmental and non-governmental.

    Step back and consider the fact that this Nebraska Education Committee has no reasonable/logical or researched reason for this bill. It is just a feeling/hearsay piece of legislation that only strengthens said interests. This scenario has occurred in public schools for years.

    Take for instance the NEA. The NEA is a labor organization, not an educational institute. It’s only job is to protect and increase teacher jobs and salaries not the best educational interests of students. The educational system is declining in part because the NEA labor union exerts too much power over the system.

    When legislation like LB 1141 is introduced by Liberal-Progressive politicians like Schimek, the Nebraska Education Board sees another opportunity to tighten it’s control. This is another reason why the education systems are failing.

    So in this case as with any social engineering system across the US you have progressive politicians eliminating sectors/competition and private organization supporting this reduction to further their base/interests. Whether in education or business opportunities are diminishing and the corporations/governments larger and more centralized than ever.

    Consider Schimek and her husbands NEA connection. Consider the scenario with the Class I schools in Nebraska.

    It is my belief that the homeschooling bill is important to defeat but even more menacing is the attempt in Nebraska to remove Local School Boards and place the power of decisions into the hands of non-elected stooges. Have you researched this?

    Here’s a selection from the blog, “View from 1776″ http://www.thomasbrewton.com, that raises some interesting topics.

    “When the British North American colonists fought for their independence in 1776 and when they wrote the Constitution in 1787, equality meant equal economic opportunity, unfettered by government, to improve their lives and to pass along the fruit of their labors to their children and grandchildren.

    The focus was upon political and economic freedom. Today the focus is upon imagined and undeserved rights to enjoy the fruits of others’ labors.

    Those rights exist only to the extent that government arbitrarily confiscates the property and freedoms of others and redistributes them in the name of social justice. In short, rights, as opposed to liberties, cannot exist outside government that is to some degree tyrannical.

    Today’s doctrine - liberal-progressive-socialism - is what Hilaire Belloc called The Servile State. Today’s educational focus is what Friedrich Hayek called The Road to Serfdom.”

  5. JavaBean, February 27, 2008:

    I would have loved to be in Lincoln for that debate, but schedule-wise it was not possible. :(

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