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The
"unconstitutional vagueness" of statute(s) is exactly what led to
the monstrosity of homeschool regulation currently in place in
Pennsylvania. Is it a coincidence that the same mindset that
actively and vehemently argues that families should put their faith
in a legal protection due to a lack of a "legal" definition of
"church" also campaigns for homeschool regulations?
It is a bit much to chalk up to coincidence when you consider that
the very possible result of continuing down this path is likely to
lead to either the regulation of church schools and/or the passing
of homeschool legislation.
That is speculation, certainly, but it is more plausible than the
speculation that the lack of a definition gives a de facto legal
protection. AND it is speculation based on experience, based on what
has happened in other states.
Worst case, we could end up with a monstrosity of regulation such as
experienced in PA and NY. The best case is hardly even worth
discussing because it is a fact that the education establishment
owns the AL legislature at this time.
Even under "best case", I am opposed to home education regulations
on principle. It is an admission that the state has a compelling
interest in parenting decisions on education. Even _if_ I supported
the IDEA (as opposed to the way it is accomplished) that the state
had a compelling interest -- and I don't -- it is ludicrous to put
education into the hands of those who are, even by their own
admission, failing miserably.
Educational freedom will only be accomplished by repealing laws that
interfere with those parenting decisions, not in asking "permission"
to exercise our parental rights and responsibilities.
With "best case" laws -- let's say that nothing more is required
than notification of intent and perhaps yearly evaluations -- after
obviously validating the state's compelling interest, it would be a
constant battle to keep those regulations from being modified.
Exactly what "principle" would one stand on to limit those home ed
regs? The fact that home educators "score well" on the very tests
that are used to measure public school achievement? Can we do this
with any conviction while simultaneously maintaining -- and we
certainly should be maintaining this -- that home education is _NOT
public education and the same standards can not be applied?
PA is now in a titanic struggle just to reduce the current
limitations. There is absolutely no assurance that they will
succeed, even though their laws are possibly the worst in the
nation. But what bothers me most about their situation is that even
those who believe in educational freedom feel forced to NEGOTIATE
and ask not for a law that gives them anything approaching freedom,
but for one just a little less confining. Not because there is any
inherent "goodness" in he new law they are proposing, but because
they know that anything would have to be better than what they have.
There are NO "good" home schooling laws. Home educators who want to
concentrate their efforts on the legal aspects should be
concentrating on efforts to repeal compulsory attendance laws. When
I have proposed that idea in the past, I have been told not to "hold
my breath".
All I can say is that however remote a goal may seem, it is a dead
certainty that unless you do reach for a goal, it stands NO
chance of ever being attained.
I am not now, nor have I ever been opposed in principle to a family
forming their own church school as a ministry of the church they
have in their home, according to their definition of "church", if it
is done from an inner conviction of the heart, rather than from a
desire to squeeze convictions into what happens to suit another
purpose. But to think for one minute that you will be able to look a
judge -- like Roy Moore for instance -- in the eyes and convince him
without that total and true conviction and
understanding is a mistake. It gives no valid consideration, is
based on no real idea of how sacredly such ideas are regarded among
many Alabamians. You may rest assured that the strong upholding of
the principle of separation of church and state in this state is
predicated upon believing that church IS sacred, and rightly or
wrongly, justly or unjustly, they will come down on you HARD if they
sense anything other than real conviction of the heart based on
religious principles that you hold sacred yourself. A history of
holding those beliefs sacred wouldn't hurt, either, rather than a
sudden epiphany that coincidentally seems to have occurred when you
started homeschooling.
Because realistically, even those who have long believed
in the underlying principles, those whose position is one of
integrity, not rationalization, may well encounter difficulties in a
court of law regarding church school ministry. Their honest
convictions on this matter will be their saving grace. Will yours?
I have even heard it proposed that membership in a brick- and-mortar
church doesn't preclude a family from classifying themselves
also as a "church". The argument I heard was something on
the order of a church membership being like a car, and you could
certainly have more than one. This is balogny. The courts will laugh
in your face. Again, consider common usage. Church membership is
not country club membership. If you think it is, ask your
brick-and-mortar church of membership how it feels about that.
There are risks involved in covering yourself with the premise that
you are a church, and while I am not opposed to anyone taking
understood risks after considering the possible consequences, I am
vehemently opposed to this idea being propagandized as "the answer"
to home education in Alabama without those risks being fully
addressed. This is both irresponsible and dangerous to all home
educators in Alabama.
Let your conscience be your guide, but get back in touch with it
first. Don't be intimidated by the fact that "cover yourself" seems
to be a "commonly-held" belief among Alabama home educators. This is
simply not the truth. What we have in this state in a very visible,
very active, very ambitious and growing political machine that uses
the inherent desire of many home educators to be independent to
their own advantage, hoping for a future in "leadership", looking
for the power that comes with being the voice of a "voter bloc".
They effectively shut down any opposition, any protest, any attempt
to reason with or debate their stands using group intimidation
techniques and visibility.
The technique of choice?
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