Latest Update
Jan. 28 | Bill scheduled for a hearing
L.B. 1224 was introduced on January 21 by Senator Megan Hunt. It has been scheduled for a hearing in the Education Committee for Tuesday, February 3 at 1:30 in Room 1525.
There are several ways you can help:
- Contact the Education Committee, especially if your senator is on the committee.
- Submit testimony about the bill and using the button “Submit Comments Online.”
- Show up on February 3 to show your opposition. Representatives from Nebraska Christian Home Educators Association and HSLDA will be there.
Summary of L.B. 1224
Some of the changes set out in L.B. 1224 include:
- Prohibition on starting homeschooling. If the Department of Health and Human Services receives a report of child abuse or neglect, the reported parents may not transfer their child from their current school to an exempt school (homeschool) until the investigation or review is concluded. Current regulations require the review to be completed “within 60 days unless an exception is granted.”
- Notification of school. If the department receives a report of child abuse or neglect by a parent, legal guardian, or “educational decisionmaker” of a student, the department must notify both the child’s current school and the commissioner of education that the student is not allowed to transfer to an exempt school (homeschool).
- Notification of police. If the accused parent does file the paperwork to begin homeschooling, or if the school receives a request to transfer or disenroll the student, the school must immediately notify the police.
- Rulemaking authority. The Department of Health and Human Services would be granted the authority to establish procedures to carry out these provisions.
- Prohibition from providing instruction. Any person who has been convicted of listed sexual or child-maltreatment crimes may not monitor or provide instruction at an exempt school (homeschool).
According to Senator Megan Hunt, who introduced the bill, “The intent of L.B. 1224 is to protect children experiencing abuse or neglect by preventing cases in which abuse is exacerbated or perpetuated when a child victim is withdrawn from public school, therefore losing regular contact with mandatory reporters and opportunity for intervention from school personnel.”
While the stated intention of protecting children is noble, the bill’s execution would lead to negative consequences for homeschooling families and children.
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.
But 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. A child who is struggling academically in traditional school will continue to fall behind, while a child facing bullying or abuse from a teacher will have to remain in an unsafe environment.
These sorts of bills implicitly draw a connection between homeschooling and child abuse that is not supported by the evidence. Criminal codes and sentencing already have the power to restrict the parental rights of convicted criminals. 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.
In American law, we assume innocence until guilt is proven. And we assume that parents are acting in their children’s best interests unless proven otherwise. L.B. 1224 runs counter to both.