There is no doubt, these days, that parents have had to make important decisions about how and where their children will be educated. Luckily, parents do have many options, and more creative options inevitably will become available in the future. Change may be difficult, at times, but it also can be a very good thing.
Here, at NHELD, of course, we advocate for the freedom for parents to instruct their child as they see fit, particularly by the education model people have nicknamed “homeschooling”, something that parents have done forever - teaching their own children.
We also recognize that with the advent of new educational models from which parents may choose, confusion exists, especially when some of the new models co-opt the term, “homeschooling”, when in reality the educational model may not be “homeschooling”. To try to simplify the distinctions in the types of educational models from which parents may choose, we offer the following information.
What Are The Educational Models Available and How Do They Differ?
The Government School Model is well known. It is the model that includes public schools, magnet schools, charter schools, and even some of the micro-schools that developed during the pandemic, which were nicknamed “Pods”. Pods were formed of necessity, primarily by public school parents who saw that remote school instruction was not appropriate for their children. Instead, they formed “Pods” or what was sometimes called “pandemic pods”. These were small groups of children who would meet regularly and be taught, in person, by a hired instructor, generally following the public school curricula. The public magnet and charter schools generally are funded, in part or in whole, by taxpayer dollars, offers full time classroom instruction, and the curricula is controlled by the government in varying degrees, with or without oversight by a board of education.
The Non-Government School Model also is familiar. It includes private schools and business entities that offer tutorial or academic class instruction. The Non-Governmental School Model generally is funded, in part or in whole, by parents, offers full time classroom instruction, and the curricula is controlled by the school or entity, with or without input from parents.
Newer to the educational models are alternative group educational associations. These are formed under federal IRS laws, as tax exempt organizations, under 26 U.S.C. §508. They are called Private Educational Associations, or Private Membership Associations. Colloquially, they are also known simply as “508 organizations”. The PEAs, of course, are formed for educational purposes. The association organizers define what those educational purposes are, and what the rules are, under which the organization and its members follow. The PEA is funded by membership fees or donations, and may offer varying types of education or curricula as defined by the association rules. The association is set up in accordance with that federal law, and must operate in accordance with it to maintain its tax exempt status.
Of course, there also is the original, time immemorial educational model - that of parents instructing their own children. It always has been the fundamental duty of all parents to raise their own children and to instruct them sufficiently so that they become knowledgable and capable citizens of society. This is the basic family structure of all societies. Today, we call this educational model, “homeschooling”. This homeschooling model is one in which the parents take on their inherent right and responsibility to instruct their own children. Under this model, the parents are fully responsible for the instruction being given, although they may seek support in that instruction by the hiring of individual tutors, or by paying for other forms of particularized classes or activities. Parents may even form their own support groups, or cooperative meetings, to help each other in their individual family journey as they homeschool. Sometimes those cooperative meetings are nicknamed “co-ops”. These “co-ops” generally meet infrequently, and parents remain with their children to actively participate in the educational activities or events they have agreed are appropriate at each meeting. In these “co-ops”, parents remain fully responsible for the instruction of their children, as these “co-ops” are merely gatherings to supplement and support that parental instruction. Homeschooling also operates under state law. Each state may have its own unique set of laws that govern how parents undertake their obligation to instruct their own children. Some states are more free than others in this regard. Of course, NHELD exists to protect the freedom of all parents to undertake their responsibility under this model of education.
NHELD offers this brief outline of the different currently existing educational models so that parents may choose whichever model is most appropriate for their families. Whichever one parents choose, NHELD urges all parents to do their own research into each model, and into each entity that purports to be the model it says. Sometimes, people are confused and may use the term, “homeschooling” in their advertising for their particular educational model, but upon further inspection, what actually is being offered is a different educational model altogether.
NHELD absolutely believes in the freedom of all parents to choose whatever educational model is best for their families. We simply offer this information to urge you to make sure that you understand the types of educational models that are available, and that you do your own research, first, to make sure the model you choose is the right model for you.
As always, we stand ready to assist you in protecting your freedom to educate.
Attorney Stevenson is the founder of National Home Education Legal Defense, LLC.
For more information you can go here:
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3/15/2021
There has been discussion lately about a bill in Congress, H.R. 485, that proposes to establish what is being called a “national child abuse registry”. The bill is entitled the “Stronger Child Abuse Prevention and Treatment Act”.
While a national child abuse registry is disturbing, what parents should be more disturbed about is the fact that we have the federal government involved with children and parents, at all.
NHELD warned parents for decades about the potential for the federal government to establish a national department of child protective services by amending the Constitution through a so-called Parental Rights Amendment. A Constitutional Amendment was unnecessary, anyway. however. Congress simply ignored the Constitution, altogether, and established that entity anyway.
They did so, unfortunately, when they adopted the Child Abuse Prevention and Treatment Act in the first place. That’s right. The Act is not new. It was adopted in 1993, while most of us were asleep. You can find it in the United States Code at 42 U.S.C. 1501. Congress simply is amending that Act, now, supposedly to make it even “stronger”.
Hence, it’s newly proposed title.
What’s wrong with this, is not just the amendment. What’s wrong with this, is that the entire Act is unconstitutional, and has been since its inception.
NHELD has been warning parents for decades about the potential harm, and unconstitutionality, of the federal government adopting laws having anything to do with parents and children.
NHELD has railed against all of those laws, including the ones that seem like a good thing - you know, the ones that supposedly are designed to “help” parents with tax breaks, or other kinds of so-called “benefits”.
NHELD has warned that parents should really read and understand the Constitution, and the fact that it specifically enumerates only very limited power as granted to the federal government, and that any other power not specifically granted to the federal government, remains a power belonging to the States and to the people.
Those powers granted to Congress are specifically listed in Article 1, Section 8. Read them, know them, understand them. You will not find listed in there any power granted to Congress to have anything to do with parents or children.
Yet, year after year, federal laws are adopted that do affect parents and children.
Guess what? They are all unconstitutional.
This “registry” amendment to the “Child Abuse Prevention and Treatment Act”, is just the latest of the long string of unconstitutional laws, and the amendment is just one small part of it.
The Act, amended or not, actually entices States, and private organizations, into accepting “grants”, (under the tax and spending power of the Constitution), in exchange for doing all the things listed in the Act. Of course, the State and the organizations want the money, and so they do what the federal government wants them to do.
The question is: how long are we going to put up with this kind of unconstitutional bribery?
Don’t fall asleep again. Watch Congress, and watch your own State’s legislature, too, all the time.
You never know when they will take away your rights, or how they will do it, unless you remain constantly vigilant.
Don’t be fooled into getting upset about just one part of this Act. Get upset about the whole darn thing.
And then do something about it. And do something about all of the other unconstitutional laws, as well. Do it for yourself, for your kids, and for their kids to come. Otherwise, we may not have any freedom left, at all.
Attorney Stevenson is the founder of National Home Education Legal Defense, LLC. , (NHELD).
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So, by now, word has spread that there will be a “summit” at Harvard soon to discuss ways to regulate homeschooling. Let’s take a look at some of the people behind this so-called “summit”.
The two people who are organizing it are James Dwyer, a law professor at the College of William and Mary, and Elizabeth Bartholet, a law professor at Harvard. Both advocate that the State has the right to determine not only the authority of parents, but, more importantly, who should be designated as parents. This is truly a disturbing philosophy.
Don’t believe me? Take a look at some of the papers Dwyer has written, and the titles of some symposia in which he has participated. The same theme prevails - parents should not have authority over their own children.
In one law journal article entitled, “A Child-Centered Approach to Parentage Law”, Dwyer says two prior conferences were “devoted to the topic of state control over children’s family relationships ”, and “the state’s selection of a child’s legal family [and] who will be legally guaranteed an opportunity for a social relationship with a child”.
Then there are the articles he wrote. Here are some of Dwyer’s quotes:
“The most serious incursions on religious liberty in America today are being inflicted on children by parents and private school operators through power the State has given them.”
Then there is the other promoter of the “summit”, Elizabeth Bartholet. She has written several books and articles. One of her books is entitled, “Nobody’s Children”. In the Penguin Random House description of that book, it says that she “challenges the accepted orthodoxy that treats children as belonging to their kinship and their racial groups and that locks them into inadequate biological and foster homes” , and she “ question[s] why family preservation ideology still reigns supreme”. Apparently, in that book she also advocates that every family with a young child should be required to undergo mandatory and frequent home visits by government officials.
Bartholet also has been a speaker at other events. At Duke Law School in 2017, she was a member of a panel that explored “the evolution of the concept of the right to a family, from the Declaration of Human Rights, through the Convention on the Rights of Children, to the European Human Rights Convention” and considered “the nexus between adoption and a child’s right to a family.” She also sat on a panel discussing the “interrelationship between the Hague Convention on Intercountry Adoption, the Intercountry Adoption Act, and proposed changes to the statutory and regulatory structure”. In another recent article, she also recommended a ban on homeschooling, or a requirement for parents to seek government permission to homeschool.
This gives you just a taste of who is in charge of setting up this latest Harvard“summit” on the regulation of homeschooling.
Unfortunately, there are those who have been advocating for elimination of parental rights, or at least the strict regulation of them, for many years. This is nothing new. The philosophy has morphed through time, however. There was the effort to have a global doctrine extolling the virtues of “human rights” over national or constitutional rights, and uplifting the rights of the child over the rights of the parent. Hence, the adoption by many countries, except the United States, of the U.N. Convention on the Rights of the Child. Here, the Constitution, and individual rights, still prevail. When the global philosophy failed here, then we saw it morph into an effort to change laws, and even the Constitution, on the federal level. Hence, the emergence of federal agencies purporting to protect the rights of children, and the advocacy of a change to the Constitution by way of the Parental Rights Amendment, which purports to “protect” the rights of parents by giving authority to the federal government that it never had before over the rights of parents and children. That having been stalled, now we are seeing the philosophy morph, again, this time into an effort to indoctrinate lawmakers at the State level into changing State laws to accomplish the goal of weakening, or eliminating parental rights. This seems to be the focus of the Harvard “summit”.
Make no mistake, the people above, the others who will be speaking at the “summit”, and their followers who are advocating for the elimination or destruction of parental rights, are zealous, radical, and committed to this philosophy. They do not intend to give up. Clearly, they will adapt and continue with their agenda.
Keep in mind, however, that there are many who will take a full frontal attack on the rights of parents, such as those mentioned above, and there are those who will take a softer, more compromising approach. They are both equally dangerous to freedom.
Note that one of the speakers at the Harvard “summit”, Samantha Field, will be addressing the Home School Legal Defense Association, (HSLDA), in a talk entitled, “Meet HSLDA, the Most Powerful Religious-Right Lobby You’ve Never Heard Of”. While HSLDA has helped many parents through the years, an objective look at their work necessarily includes the fact that HSLDA also has advocated for causes that reduce or infringe on the rights of parents. HSLDA’s founder, Michael Farris, for example, initiated the effort to adopt the Parental Rights Amendment, which would allow the federal government to regulate homeschooling. Although retired from HSLDA, Farris also has written articles for HSLDA, including one that says,
“I think it is now evident that…parental rights should not be absolute…In light of the fact that parental rights cannot and should not be considered an absolute right, the question remains: Have we chosen the correct method of limitation on this right? We certainly do not want to return to the language of the Massachusetts Bill of Rights of 1780: “Parents should have the right to make all decisions for their children provided that they are ‘demeaning themselves peaceably and [are] good subjects of the commonwealth’.” ( https://parentalrights.org/amendment/why-do-we-need-section-three-if-parental-rights-are-already-con....
Perhaps this is why, throughout the years, HSLDA has resolved problems for parents through compromise, as well as through the adoption of state and federal regulations, albeit regulations that may not be as blatant or as draconian as the regulations being proposed by the promoters and speakers at the Harvard “summit”.
Whether you personally favor, or disfavor, the individuals or organizations cited above, the facts are out there for anyone to see as to how their advocacy has, and will, infringe on the rights of parents. Don’t take my word for it. Conduct your own research, and objective analysis of those facts, and come to your own conclusions. Let’s at least have a discussion about what is happening.
If you agree that, whether or not the attack is blatant or cryptic, it must not succeed, then join us in our longstanding effort to retain our inalienable right to freedom to educate our own children in the manner we choose to do so, without government interference.
We will win this, and every other battle as well.
Attorney Stevenson is the founder of National Home Education Legal Defense, LLC.
For more information, join NHELD on Facebook <
https://www.facebook.com/groups/57298261707/>