Senator Kay Bailey Hutchison (R-TX)
4th-term Republican from Texas.
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All messages are published with permission of the sender. The general topic of this message is Education/Schools:
Subject:
Home School Non-Discrimination Act of 2005 (Introduced in House), HR 3753 IH

To:
Sen. Kay Bailey Hutchison
Sen. John Cornyn

September 25, 2005

I'm writing this letter to encourage you to vote no on HR 3753 also known as "HONDA".

The following is a summary of arguments in opposition to the proposed legislation that I feel would be detrimental to homeschoolers.

1.The bill inserts a potential definition of homeschooling into several federal laws where there was no definition previously. It is possible that such a federal definition could be interpreted to override the definition of homeschooling that exists independently in each state under state law. In Texas, we are already classified as a private school, so no federal law is needed. But other states have no such classification and by "defining" them, I feel that you usurp the power of the states in their definition of what homeschooling is.
2.Problems encountered by homeschoolers in accessing any of the "benefits" listed in this bill can and should more easily be resolved through education of the uninformed and negotiation rather than through implementation of federal legislation. Most problems come from others who don't understand the current state law concerning homeschooling and by others who are against homeschooling for some reason or another.
3.Certain states, such as Connecticut, have little or no state government regulation of homeschooling. This bill will impose regulation over homeschoolers where there was no regulation before. This also applies to Texas homeschoolers. We have a very good system already in place with very little regulation. Let's keep it that way.
4.Implementation of this legislation may have unintended detrimental consequences for homeschoolers.
5.Implementation of any federal law inevitably leads to enforcement of that federal law. Enforcement of that federal law may lead to judicial interpretation of that law. Judicial interpretation of any law may change the rights of those affected by the law. Many laws have been interpreted incorrectly to suit the view points of the individual making that interpretation (case in point, eminent domain, the Teri Shiavo case).
6.Acceptance of federal funding by public and private schools provides the primary basis in law in which the federal government is able to "regulate" the activities within public and private schools. Homeschoolers who do not accept federal funding are not subject to federal "regulation". However, this bill now empowers the federal government to implement "regulation" of homeschoolers even though they do not receive federal funding, by defining homeschoolers and the criteria under which they may receive perceived federal "benefits". Homeschoolers who do accept federal funding by means of any federal "benefit" arguably could become even more easily regulated by the federal government. I don't accept any funding from anyone. If I were to start accepting funding from the federal government, then they would have control over what I taught, when I taught it, and where I taught it. That is the reason why we homeschool. Public school isn't for everyone.
7.Implementation of federal regulation over homeschoolers usurps the authority of states to either regulate or remain free from regulation if the states and the people so desire. What happened to states rights? Texas is homeschool friendly; one of the reasons we stay in Texas. Taking away the states rights got us into trouble once before (remember the Civil War?), let's not let that happen again.
8.Any empowerment of the federal government to "regulate" homeschooling, even if such "regulation" seeks to assist homeschoolers, is improper and impermissible under the U.S. Constitution. The Constitution, under the tenth amendment, clearly states that any powers not specifically delegated to the federal government within the Constitution are reserved to the States and to the people. The Constitution does not specifically delegate the power to regulate education in any aspect to the federal government. Any power to regulate education is reserved to the States and to the people. Show me where it states in the Constitution that the federal government has control of the education of our children. Remember how children were taught before we had public schools.

Please DO NOT let this bill pass. As a homeschool mom, I have noticed a significant change in my child since we started homeschooling him 6 years ago. He is freer to express himself and has more confidence. He is not harassed by other students or teachers who made his learning experience in the public school system impossible. We have enjoyed the freedom that homeschool gives us to travel and learn about new places and things. By passing the new HONDA bill, I feel that those freedoms will be taken away or severely limited.

Thank you for your time.

Joshua , TX

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