(The Lion) — A new Nebraska law ostensibly aimed at curbing child abuse could have chilling effects on homeschool rights, according to the Home School Legal Defense Association (HSLDA).
“While the stated intention of protecting children is noble, the bill’s execution would lead to negative consequences for homeschooling families and children,” the nonprofit warned of Legislative Bill 1224, which was combined with Legislative Bill 937 and signed into law by Gov. Jim Pillen on April 16.
“The final version puts new language into Nebraska law that would temporarily prevent a family from withdrawing a child from public school to start homeschooling if they are being investigated by Children and Family Services.”
‘Not supported by the evidence’
While supporters of the legislation argued these measures were needed to keep child victims safe from abusers, the nonprofit warns of far-reaching consequences.
“Mere suspicion can lead to a report being made about a parent to child protective services, and the vast majority of investigations into potential child abuse are closed as unfounded,” HSLDA wrote.
“These investigations can go on for some time, during which this bill would restrict parents from making timely decisions about their children’s education and welfare.”
For example, many students in public schools face bullying or even abuse by educators and other school staff – in which case, a quick and timely removal is in the best interests of the child, the nonprofit noted.
“These sorts of bills implicitly draw a connection between homeschooling and child abuse that is not supported by the evidence.”
The bill comes as other states such as Illinois and Connecticut have considered adding more regulations on homeschooling.
“In the words of a childhood fairytale, when it comes to homeschoolers, we need ‘Goldilocks laws’—neither too strict nor too permissive, but ‘just right’ for the ends they are trying to achieve,” wrote Ivana Greco, senior fellow at Capita and homeschool mom of four, for the Institute for Family Studies.
‘Overwhelmed by the sheer volume of reports they receive’
Greco noted how calls to child protective services have been overused under the current system to detrimental effect.
“One mother alleged in a lawsuit that she and the school repeatedly clashed over how best to handle her child’s ADHD. She said the school wanted her to withdraw her child, and so threatened to refer her to child protective services to increase the pressure to leave,” she observed.
Furthermore, caseworkers often experience “crushingly high caseloads” that accelerate whenever regulations are added, according to Greco.
“Most child protective services are overwhelmed by the sheer volume of reports they receive. … Adding more to the purview of child protective services might make it more difficult for them to find the ‘needle in the haystack’ of severe child abuse among all the calls they receive.”
Aziza Butler, a former Chicago Public Schools teacher and now homeschool mom, criticizes such legislation as a “dangerous pathway to criminalize loving black parents.”
“Homeschooling has become the fastest-growing educational choice among black parents nationwide, driven by the courageous desire to give their children a safer, more nurturing and academically enriching environment than what they’ve experienced in traditional schools,” she wrote.
HSLDA agrees, pointing to the original intent behind existing laws to prevent child abuse.
“Criminal codes and sentencing already have the power to restrict the parental rights of convicted criminals,” the nonprofit noted on its website. “Adding to the civil code a specific prohibition on homeschooling for people convicted of certain crimes casts a shadow over all homeschooling parents as posing unique risks to their children.”
