An update on HB 679...

Unfortunately, Governor Bob Holden vetoed the entire bill for reasons that had nothing to do with our amendment. The governor shocked members of both parties by vetoing this much-needed bill. It is a shame that a well-won victory was spoiled...this time. However, home educators can be certain of two things --this bill will be coming up again and we live to fight another day.

Cindy Province
FHE Lobbyist

FHE Gains New Protection for Missouri Home Educators

The 2003 Missouri state legislative session refuses to die, although it "officially" ended at 6 p.m. on May 16! The governor has called a special session beginning June 2 for the re-consideration of the state budget. Bad bills we were watching all during the regular session thankfully did not pass.

One bright spot was the passage of "our bill" (HB 567 and SB 682) as an amendment to HB's 396 and 679. This measure requires juvenile officers to follow the same procedure as DFS when investigating charges of educational neglect against home educators. FHE proposed this bill early in the session to help add an additional protection for Missouri's home educators. We are thankful for the help that we had throughout the session. The progress of our bill and final successful addition of our language onto HB 679 was largely due to key help from our House sponsor Rep. Jim Lembke as well as, House Speaker Hanaway and homeschool dad and Senate sponsor John Louden as well as assistance from Missouri Family Network lobbyist, Kerry Messer. It was a near-miracle that we were able to do this in a single legislative session. The bill has been delivered to the governor, where it awaits his signature. The Governor must sign or veto all bills sent to him no later than July 1, per Article III, Section 31 of the Missouri Constitution (IE, 45 days after the close of the regular session.)

To follow are end of session updates on bills we have been watching:

House bills

HB 45 (Stevenson) Would have increased the compulsory attendance age to 18. Does not exempt home educators, but puts in place a "religious exemption". A committee substitute, which would have created a so-called "opt-in" system where by parents could request that the provisions of the compulsory attendance law to apply to their child until age 18 was voted Do Pass by the House Education committee on 4/10, but was never placed on the House calendar.

HB 262 (Hilgemann) This bill is identical to SB 286. A so-called "compromise" substitute was passed out of the House education committee on 4/2. The substitute would make the increase in the compulsory attendance age to 17 in the city of St. Louis apply only to children who had been enrolled in a public school during the previous year. The substitute did not improve this very bad bill, which thankfully died.

HB's 396 & 679 (see above) These bills, sponsored by Rep. Mark Wright and House Speaker Catherine Hanaway respectively, were this session's attempts to address the failing, abusive child protective system in Missouri. Language from other bills was also included, and these combined bills swelled to over 200 pages before session ended. We are glad to have at least the beginning of real reform in Missouri. As mentioned above, FHE was able to gain a new protection for home educators in that juvenile officers will now be required to follow the same procedure as DFS when investigating charges of educational neglect against home educators. This bill was passed and sent to the governor.

HB 531 (Parker) Identical to HB 262 and SB 286. This bill did not receive a hearing.

HB 567 (Lembke) This is the House version of our successful bill that requires juvenile officers to follow the same procedure as DFS when investigating charges of educational neglect against home educators. The language from this bill was incorporated into HB's 396 & 679.

HB 631 (Bruns) This was the "homeschool sports" bill that would have made it unlawful for any public school to be a member of a organization that forbids home and private educated students from participating on sports teams. FHE had "entanglement" concerns about this bill from the beginning, as home educators who played on public school sports teams would have been required to supply various records to the school district itself--very bad for home educators and something home educators in MO have never had to do. As it turned out, the public schools were very vocal in their opposition to this bill and it was withdrawn.

Senate Bills

SB 12 (Kinder) Religious Freedom Restoration Act. Requires that the compelling state interest test be imposed on all government laws and ordinances that might infringe upon one's exercise of religion. This bill was passed and was delivered to the governor on 5/21.

SB 43 (Dougherty) This act creates the "Office of State Ombudsman for Children's Protection and Services" within the Department of Social Services. The purpose of the office is to "assure that children receive adequate protection and care from services and programs offered by the Department of Social Services." Also creates the "Task Force on Children's Justice" within the Department of Social Services. The purpose of the Task Force is "to benefit and enhance children's lives by recommending improvement of child abuse and neglect laws, policies, and programs and to provide funding for these recommendations." This bill was submitted as a response to recent concerns about negligence and incompetence in the Missouri Division of Family Services, especially in the area of foster care. A 2 year old from the Springfield MO area was killed last year while in foster care. This case resulted in the resignation of several DFS officials and increased scrutiny of that department's policies and procedures.

SB 286 (Daugherty) This bill would have raised the compulsory attendance age to 17 in the city of St. Louis. The bill was heard and voted do pass in the Senate Education committee very early in the session. However, it was never placed on the Senate calendar.

SB 682 (Louden) Identical to HB 567.

Thanks to each of you who made a phone call, wrote a letter or made a visit to our state capitol this year. Thanks also for your prayers for a successful session. Your help made a difference.

Cindy Province
Lobbyist, FHE

May 12-16 is the final week of the 2003 legislative session

FHE's Registered Home School Lobbyist will be watching carefully to see that no bad bills are amended onto the bills going through the House or the Senate--always a danger during the flurry of activity surrounding the last days of the session.

The battle over the state budget--with Republicans submitting a balanced budget the Governor is threatening to veto--has occupied much of the attention of our elected officials. This is generally good news for FHE because as fewer bills are considered, the chance of bad legislation being passed goes down.

As things stand right now, none of the compulsory attendance age increase bills are moving (SB 262, HB's 45, 262 and 531). We hope that time will run out for these bad bills.

As mentioned in the March 2003 lobbyist report, we hope to see HB 567 (SB 682 Senate version) passed. These bills would require juvenile officers to adhere to the same legal requirements as the Division of Family Services when investigating cases of "educational neglect" involving home educators. It is possible that the wording of these bills could be amended onto another bill. At this time, there is no action needed by home educators on these bills, but please watch your email carefully this week in case we need to call a legislative alert on any of the bills mentioned in this report.

As we go into this final week, please keep FHE and the legislature in your prayers. And as always, please be vigilant to help protect our freedoms.

Cindy Province
FHE Lobbyist

Families for Home Education has been watching several bills that would raise the compulsory attendance age in Missouri. While these bills have been passed out of committee, none has yet gone on the calendar for consideration on the floor of either the House or the Senate. Please watch your email carefully in these last remaining weeks of the legislative session for any alerts we may issue in the event that one or more of these bills are put on the calendar. The following is a status report update on these bills:

HB 45 (Rep. Stevenson, R-Joplin)- Was voted DO PASS by the House Education committee on 4/10. The original bill would have increased the compulsory attendance age to 18 and includes unwieldy ""religious" and "grade level" exemptions that would create problems for home educators. This bill is now a House committee substitute, which is substantially changed from the original bill. The substitute leaves the upper limit of the compulsory attendance age at 16, but offers an "opt-in" provision, whereby a parent who wishes their teenager to remain in school until the age of 18 may request that the compulsory law apply to him or her until 18. Under this substitute, a juvenile officer would also have this "opt-in" authority if the child were under the control of the juvenile division. This could present a problem for home educators who are unfairly targeted by a juvenile officer. The enforcement of such an "opt-in feature" is also problematic. In summary, while the substitute is "better" than the original draft of the bill, and FHE is more comfortable with approaches that properly acknowledge PARENTS as the proper decision-makers, the substitute still presents problems for home educators.

HB 262 (Rep. Hilgemann, D-St. Louis)- This bill would raise the compulsory attendance age to 17 in "Metropolitan School districts" (the City of St. Louis). The original bill contains a so-called "home school exemption" that FHE believes would put home educators in legal jeopardy. This bill was also voted "DO PASS" by the House Education committee as a House committee substitute. The substitute provides that the bill would only apply to young people who have been enrolled in public school during the previous year. The substitute does NOT protect home educators and DOES NOT improve this very bad bill.

SB 286 (Sen. Dougherty, D-St. Louis) Identical to the original HB 262 (see above), this bill was voted out of the Senate Education committee DO PASS on 2/11. This very bad bill has not yet gone on the calendar for consideration by the full Senate.

Again, please watch your email for any alerts we made need to issue on these bills. Any of them could be put on another bill as an amendment. We will be watching very carefully until session ends at 6pm on May 16 to make sure home educators are protected. Thank you for your help in protecting our rights. We appreciate your prayers for FHE and for the legislature.

Cindy Province
FHE Lobbyist

The weeks have flown by. It is hard to believe that we are beyond the halfway point of the 2003 session of the Missouri legislature! These have been very busy weeks indeed. During my weekly visits to the capitol, I have been meeting with many of the 90 new freshmen legislators. Reviewing hundreds of bills, writing amendments, attending and testifying at hearings… well, suffice it to say, there haven't been any dull moments!

It was great to see so many of you at FHE's annual rally at the capitol on February 19. What an exciting time, as our legislators had the opportunity to meet the hundreds of home school families represented there that day. I deeply appreciate the many kind thoughts expressed by those who were in attendance. It is truly a privilege to serve Missouri's home educators.

Although there have been many changes at our state capitol, with a change in party control in the House as well as the many new legislators in office as a result of term limits, some things don't change. We must be as vigilant as ever in order to protect our right to control and direct the education of our children. We must all be "lobbyists" in our own sphere of influence. For your help in protecting our rights, FHE thanks you.

Following is a list of some of the bills FHE is currently watching. Please watch your email carefully for any legislative alerts we may have to issue as the session continues.



HB 45 (Stevenson) This bill would raise the compulsory attendance age to 18 statewide. The bill contains two exemptions, one for "religious" reasons and another for young people who have completed "all elementary and secondary grade levels" prior to age 18. Religious exemptions are problematic in that they can cause a state to compile a "list" of "approved" religions that are eligible receive the exemption. The "grade level" exemption ignores current Missouri home school law, which does not contain language requiring "grade level" equivalency. This bill was scheduled to be heard in the House Education committee on 3/19, but the hearing was cancelled. Another hearing could be scheduled as early as the first week of April.

HB 262 (Hilgemann) This bill is a "perennial" bill that would allow "metropolitan school districts" to raise the compulsory attendance age to 17. although this bill exempts home educators, the bill contains a troubling "written statement" requirement that could be demanded of any home educating family seeking the exemption. FHE believes that this bill would increase the number of innocent home schooling families investigated for "educational neglect". This bill received a hearing in the House Education committee on 3/19 and along with HB 45, was the subject of a recent FHE legislative alert (see "legislative alerts").

HB 396 (Wright) This bill modifies various requirements of the state foster care system. This bill is one of several currently under consideration that seeks to address the many problems of Missouri's child protection system. Efforts to reform the Division of Family Services (DFS) are currently being proposed due to the revelation of numerous abuses within the system, including the deaths of children in DFS custody. FHE monitors these bills due to the propensity of DFS workers and others in the child protection "industry" to target home educators. This bill received a hearing on 3/4 in the House Children and Families Committee.

HB 398 (Cunningham) Creates a tax credit for education-related costs.

HB 531 (Parker) Identical to HB 262 (see above).

HB 567 (Lembke) This bill would require juvenile officers investigating claims of "educational neglect" involving home school families to handle the investigation according to the same legal requirements as the Division of Family Services. This bill, which FHE requested and strongly favors, would reduce the number of unnecessary investigations, streamline the procedure that is to be followed and would help ensure that accused families are treated fairly. This bill is scheduled to be heard in the House Crime Prevention and Public Safety committee on 4/1.

HB 631 (Bruns) Revises conditions under which schools may join or retain membership in statewide activities associations. This bill would prevent schools from retaining membership in such associations that effectively prohibit the participation of home schooled students or private school students in a public school's extracurricular program. The bill outlines how these students may establish their academic eligibility for public school teams. FHE is aware that some individual home school families want their children to participate in public school activities, such as sports teams. It is true that such activities have been developed through the use of tax money, which includes tax money paid by home educating families, so there are issues of fairness that this bill attempts to address. We appreciate these concerns as well as the good intentions of the bill's sponsors. However, FHE's primary concern has always been protecting the rights of parents to home educate. Our focus is on protecting those rights for all families--which includes families who are interested in sports as well as those who aren't. FHE remains concerned about any bill that could potentially create entanglements between the public school and home educating families. We are watching this bill closely to make sure that the freedom to home educate is not compromised. A continuation of the hearing on this bill is scheduled on 4/1 in the House Tourism committee.



SB 12 (Kinder) Enacts the Religious Freedom Restoration Act. This bill was voted "do pass" on 2/4 in the Senate Pensions and General Laws committee.

SB 286 (Daugherty) Identical to HB 262. Voted "do pass" by the Senate Education committee on 2/11.

SB 430 (Champion) Another bill that would modify the law relating to children's protective services. (see HB 396). This bill was voted "do pass' in the Senate Aging, Families and Mental and Public Health committee on 3/ 4.

SB 682 (Louden) Identical to HB 567.

Please check your email often for any legislative alerts we may issue on any of these bills. As always, thank you for your help in protecting our freedoms.

Cindy Province
FHE Lobbyist

The Fall 2002 elections resulted in a seismic shift at the Missouri state capitol. In addition to the changes that occurred due to term limits, for the first time in 50 years Republicans will control both the Missouri state House and Senate. We can expect the upcoming session to yield a number of changes in "business-as-usual" as we have come to know it. Committees will change in their composition and leadership. A new Speaker of the House, Catherine Hanaway, assumed leadership on January 8. This will have a number of effects on the legislative process, including which bills are given priority.

Pre-filing of bills for the 2003 legislative session began in early December. Approximately 150 bills have been introduced in the House, approximately 250 in the Senate, plus over 20 House resolutions and 15 in the Senate. Already, we are facing one of our "perennial" issues. HB 45, submitted by incoming freshman Republican representative Bryan Stevenson would increase the compulsory attendance age to 18. Other bills, while only indirectly impacting home education, would increase the government's control over children and families. Obviously, we have lots of work to do informing our legislators. I hope all Missouri homeschool families will plan to visit Jefferson City at least once during the legislative session. Our legislators need to meet you and see the success of Missouri's home educating families firsthand. FHE provides several opportunities for families to make an educational and fun visit to our state capitol. Our annual rally will be held February 19th at 11 am in the Capitol rotunda. In addition, our Ambassador Family program provides an opportunity for you to meet your legislators and teach an important civics lesson.

Here are some bills of concern that have been submitted so far:

House bills

HB 45 (Stevenson) Would increase the compulsory attendance age to 18. Does not exempt home educators, but puts in place a "religious exemption".

Senate Bills

SB 12 (Kinder) Religious Freedom Restoration Act. Requires that the compelling state interest test be imposed on all government laws and ordinances that might infringe upon one's exercise of religion.

SB 43 (Dougherty) This act creates the "Office of State Ombudsman for Children's Protection and Services" within the Department of Social Services. The purpose of the office is to "assure that children receive adequate protection and care from services and programs offered by the Department of Social Services." Also creates the "Task Force on Children's Justice" within the Department of Social Services. The purpose of the Task Force is "to benefit and enhance children's lives by recommending improvement of child abuse and neglect laws, policies, and programs and to provide funding for these recommendations." This bill was submitted as a response to recent concerns about negligence and incompetence in the Division of Family Services, especially in the area of foster care. A 2 year old from the Springfield MO area was killed last year while in foster care. This case resulted in the resignation of several DFS officials and increased scrutiny of that department's policies and procedures.

Due to the upheaval of election, leadership issues and term limits previously mentioned, I expect the session to progress slowly in the first few weeks. The legislators are still figuring out office assignments and other basic housekeeping issues. Committee assignments have not yet been announced. I will be spending significant time meeting all the new legislators as well as preparing and distributing legislative packets to the legislators during this early portion of the session. We have a big job ahead getting these legislators "up to speed" on home education issues. I would appreciate your prayers for a successful legislative session and hope to see you in Jefferson City at the FHE rally on February 19th.

Cindy Province
Lobbyist, FHE