Why We Need Enumeration


Volume 98, Program 10


7/2/2010




If a right is protected by the Constitution, is that good enough? It depends…. On today’s Home School Heartbeat, host Mike Farris explains why a Parental Rights Amendment is necessary, even when the right of parents to teach their children is already protected by the Constitution.


Mike Farris:


Ten years ago, Justice Scalia said in the case of Troxel v. Granville that “a right of parents to direct the upbringing and education of their children is among the ‘unalienable Rights’ which the Declaration of Independence proclaims ‘all Men … are endowed by their Creator.’” In other words, parental authority is one of the “unenumerated rights” protected by the Ninth Amendment. Now, if this is true—and it is—then parental rights are already a part of the Constitution. So why do we need a Parental Rights Amendment?


Well, here’s why.


In this same case, Justice Scalia goes on to say, “I do not believe that the power which the Constitution confers upon me as a judge entitles me to deny legal effect to laws that … infringe upon … that unenumerated right [of parental authority].” In other words, judges cannot grant you protection for your inalienable rights if those rights are not specifically recognized by the Constitution.


Scalia says that if a law passed by Congress or by a state legislature infringes on one of your unenumerated Ninth-Amendment rights, he can’t do anything about it—you’ll have to take it up with the legislature. But if that right is “enumerated” in the Constitution—or in an Amendment—then he, as a judge, can protect it.


Should we need a Parental Rights Amendment? No, we shouldn’t.


But do we need a Parental Rights Amendment in light of what the Supreme Court has done? Unquestionably. I’m Mike Farris.

From Home School Heartbeat

Inalienable = Fundamental
Are “fundamental rights” the same as the Declaration of Independence’s “unalienable rights”? Today on Home School Heartbeat, host Mike Farris responds to another criticism of the Parental Rights Amendment by digging into the historical record.

Mike Farris:

I’ve heard criticism leveled at the Parental Rights Amendment because it calls parental rights “fundamental” instead of “inalienable.” This objection states that the term “fundamental rights” was recently invented by the Supreme Court and is not from the era of the Founding Fathers.

Well, the historical record shows to the contrary. For example, in 1786, James Madison, who’s the “father of the Constitution,” wrote of the people’s “fundamental right of choosing their own legislators.”

And the anti-federalists, who campaigned effectively for a bill of rights, often employed the term “fundamental rights” to describe what was missing from our Constitution.

Take for example Letters from a Federal Farmer No. 16, penned in 1788. It repeatedly uses the term “fundamental rights” in reference to trial by jury, habeas corpus, and freedom of the press.

The anti-federalists argued that these rights should be spelled out, and the plain historical fact is that they won. The outcome of that argument gave us the First Amendment.

Even in more recent Supreme Court decisions, the overwhelming view is that “fundamental rights” describe all of our basic liberties—those rights which may never be taken away by government.

The Parental Rights Amendment states that the liberty of parents to direct their children's upbringing and education is a fundamental right. Which, historically, means exactly the same thing as an “inalienable” right. It’s the perfect language to use in amending our Constitution. I’m Mike Farris.

Homeschooling German Family Gets Political Asylum in U.S.

Read the article yourself at Time Magazine article.

By TRISTANA MOORE
Tristana Moore – Tue Mar 2, 3:35 pm ET
Update Appended: March 1, 2010

The Romeikes are not your typical asylum seekers. They did not come to the U.S. to flee war or despotism in their native land. No, these music teachers left Germany because they didn't like what their children were learning in public school - and because homeschooling is illegal there.

"It's our fundamental right to decide how we want to teach our children," says Uwe Romeike, an Evangelical Christian and a concert pianist who sold his treasured Steinway to help pay for the move.

Romeike decided to uproot his family in 2008 after he and his wife had accrued about $10,000 in fines for homeschooling their three oldest children and police had turned up at their doorstep and escorted them to school. "My kids were crying, but nobody seemed to care," Romeike says of the incident.

So why did he seek asylum in the U.S. rather than relocate to nearby Austria or another European country that allows homeschooling? Romeike's wife Hannelore tells TIME the family was contacted by the Virginia-based Home School Legal Defense Association (HSLDA), which suggested they go to the U.S. and settle in Morristown, Tenn. The nonprofit organization, which defends the rights of the U.S. homeschooling community - with its estimated 2 million children, or about 4% of the total school-age population - is expanding its overseas outreach. And on Jan. 26, the HSLDA helped the Romeikes become the first people granted asylum in the U.S. because they were persecuted for homeschooling.

The ruling is tricky politically for Washington and its allies in Europe, where several countries - including Spain and the Netherlands - allow homeschooling only under exceptional circumstances, such as when a child is extremely ill. That helps explain why in late February, U.S. Immigration and Customs Enforcement formally appealed the Romeike ruling, which was issued by an immigration judge in Memphis, Tenn. His unprecedented decision has raised concerns that the already heavily backlogged immigration courts will be flooded with asylum petitions from homeschoolers in countries typically regarded as having nonrepressive governments.

"It's very unusual for people from Western countries to be granted asylum in the U.S.," says David Piver, an immigration attorney with offices in a Philadelphia suburb and Flagstaff, Ariz. In 2008, the most recent year for which data are available, only five Germans received asylum in the U.S. (The Justice Department declined to comment on specific cases.) Piver, who is not involved in the Romeike case, predicted the U.S. government would appeal the decision "so as not to offend a close ally."

Successful asylum petitions typically involve applicants whose situations are more dire, such as women who were forced to undergo abortions or genital mutilation and men whose lives were threatened because they are homosexuals or political dissidents. But Piver believes the Memphis judge was right to grant the Romeikes asylum, since the law covers social groups with "a well-founded fear of persecution" in their home country.

In Germany, mandatory school attendance dates back to 1717, when it was introduced in Prussia, and the policy has traditionally been viewed as a social good. "This law protects children," says Josef Kraus, president of the German Teachers' Association. The European Court of Human Rights agrees with him. In 2006, the court threw out a homeschooling family's case when it deemed Germany's compulsory-schooling law as compatible with the European Convention on Human Rights, an international treaty drafted in 1950. Given this backdrop, it's little wonder the Romeikes came up against a wall of opposition when they tried to talk to their school principal about the merits of homeschooling.

One of the Romeikes' concerns was about their kids getting bullied. But their main objection involved what was being taught in the classroom. "The curriculum goes against our Christian values," Uwe says. "German schools use textbooks that force inappropriate subject matter onto young children and tell stories with characters that promote profanity and disrespect."

While there are no official figures, it's estimated that up to 1,000 German families are homeschooling their children. Elisabeth Kuhnle, a spokeswoman for a German advocacy group called the Network for the Freedom of Education, says a recent homeschooling meeting attracted about 50 families in the state of Baden-Württemberg, where the Romeikes used to live. She also reckons many German homeschooling families have relocated to countries like France and Britain, where homeschooling is allowed. (See the top 10 religion stories of 2009.)

In 2007, Germany's Federal Supreme Court issued a ruling - which did not specifically involve the Romeikes - that parents could lose custody of their children if they continued to homeschool them. "We were under constant pressure, and we were scared the German authorities would take our children away," Romeike says. "So we decided to leave and go to the U.S."

German officials, for their part, note that the Romeikes had other options. "If parents don't want to send their children to a public school, they can send them to alternative private schools," says Thomas Hilsenbeck, a spokesman for the Baden-Württemberg education ministry. Homeschooling advocates counter that there are few private schools in Germany, and they tend to be expensive. But beyond that, many religious parents have problems with sex education and other curricular requirements. "Whether it's a state school or a private school, there's still a curriculum that is forced onto children," says Kuhnle.

And then there are the social aspects of going to school. Homeschooling parents tend to want to shield their children from negative influences. But this quest often runs counter to the idea that schools represent society and help promote tolerance. "No parental couple can offer a breadth of education [that can] replace experienced teachers," says Kraus, of the German Teachers' Association. "Kids also lose contact with their peers."

Concerns that homeschooling could lead to insularity - or worse, as Kraus puts it, "could help foster the development of a sect" - are shaping policy debates in European countries. In Britain, for example, Parliament is considering legislation that would create a new monitoring system to ensure that homeschooled kids get a suitable education.

In Sweden, where parents have to apply for permission to teach their children at home, the government is planning to impose even tougher restrictions on homeschoolers. And in Spain, parents are not allowed to educate their children at home. Period. If a child has special needs that prevent him from attending school, a teacher will be sent to his home.

By contrast, homeschooling is legal in all 50 U.S. states, some of which don't require families to notify authorities of their intent to teach their children at home. Tennessee is among the states that require some form of notice as well as periodic assessment tests.

When Uwe and Hannelore heard that the judge had ruled in their favor, they celebrated by taking their five children - who range in age from 4 to 12 - to Baskin-Robbins for ice cream. But the next day, they were back to their regular schedule. Lessons start at 9 a.m. and end at around 4 p.m. The school-age kids are learning all the usual subjects - math, science, etc. - with the help of textbooks and other teaching materials, in compliance with state law. The family has also joined a local group that organizes activities and field trips once a week for homeschooled children.

Meanwhile, the HSLDA says it is working to defend a homeschooling family in Sweden and is investigating cases in Brazil, where homeschooling is banned - all good fodder for a comparative-government class, whether it's taught in school or at home.

The original version of this article has been updated to reflect the fact that U.S. Immigration and Customs Enforcement has submitted an appeal requesting to overturn the judge’s decision to grant the Romeikes asylum.

Suitable Education--or Indoctrination

If you haven't heard of the Badman Report, go to http://www.hslda.org/search.asp?cx=003292018161232433569%3At9te_l-65iw&cof=FORID%3A9&ie=UTF-8&q=badman+report&sa.x=26&sa.y=9#912 .

Suitable Education—or Indoctrination?
Volume 92, Program 3010/9/2009
Transcript of "Home School Heartbeat" radio program of HSLDA

Adopting the UN Convention on the Rights of the Child—the CRC—would require the state to provide a suitable education for your child. Host Mike Farris examines the alarming truth about what comprises the UN definition of “suitable,” on today’s Home School Heartbeat.

Mike Farris:
In his recent report on home education law in England, Graham Badman urges creating a new definition of what is “suitable” for a child’s education. He cites Article 29 of the UNCRC as setting the standard for guiding such new requirements.

It is therefore crucial to understand Article 29. Subsections (b) through (e) attempt to control the substantive content of education and require the promulgation of certain worldviews that are controversial—not just among homeschoolers, but among many segments of the population.

Advocates of this treaty make a clear and bold declaration that this article “directs state parties to instill particular values in children through education.”

It is not necessary to debate the legitimacy of the values enshrined in their list of viewpoints to be instilled in every child in every type of school. The real issue is, does England—and does America—intend to mandate the inculcation of certain “approved” values to children?

England’s current law is clearly on the side of freedom and contrary to any regime of government-compelled indoctrination in any particular system of values. Nothing in English law allows government officials to dictate the worldview, opinions, or viewpoints which must be taught in home education—except the CRC.
I’m Mike Farris.

New Nationwide Study Confirms Homeschool Academic Achievement

New Nationwide Study Confirms Homeschool Academic Achievement
Ian Slatter
Director of Media Relations
August 10, 2009


Each year, the homeschool movement graduates at least 100,000 students. Due to the fact that both the United States government and homeschool advocates agree that homeschooling has been growing at around 7% per annum for the past decade, it is not surprising that homeschooling is gaining increased attention. Consequently, many people have been asking questions about homeschooling, usually with a focus on either the academic or social abilities of homeschool graduates.

As an organization advocating on behalf of homeschoolers, Home School Legal Defense Association (HSLDA) long ago committed itself to demonstrating that homeschooling should be viewed as a mainstream educational alternative.

We strongly believe that homeschooling is a thriving education movement capable of producing millions of academically and socially able students who will have a tremendously positive effect on society.

Despite much resistance from outside the homeschool movement, whether from teachers unions, politicians, school administrators, judges, social service workers, or even family members, over the past few decades homeschoolers have slowly but surely won acceptance as a mainstream education alternative. This has been due in part to the commissioning of research which demonstrates the academic success of the average homeschooler.

The last piece of major research looking at homeschool academic achievement was completed in 1998 by Dr. Lawrence Rudner. Rudner, a professor at the ERIC Clearinghouse, which is part of the University of Maryland, surveyed over 20,000 homeschooled students. His study, titled Home Schooling Works, discovered that homeschoolers (on average) scored about 30 percentile points higher than the national average on standardized achievement tests.

This research and several other studies supporting the claims of homeschoolers have helped the homeschool cause tremendously. Today, you would be hard pressed to find an opponent of homeschooling who says that homeschoolers, on average, are poor academic achievers.

There is one problem, however. Rudner’s research was conducted over a decade ago. Without another look at the level of academic achievement among homeschooled students, critics could begin to say that research on homeschool achievement is outdated and no longer relevant.

Recognizing this problem, HSLDA commissioned Dr. Brian Ray, an internationally recognized scholar and president of the non-profit National Home Education Research Institute (NHERI), to collect data for the 2007–08 academic year for a new study which would build upon 25 years of homeschool academic scholarship conducted by Ray himself, Rudner, and many others.

Drawing from 15 independent testing services, the Progress Report 2009: Homeschool Academic Achievement and Demographics included 11,739 homeschooled students from all 50 states who took three well-known tests—California Achievement Test, Iowa Tests of Basic Skills, and Stanford Achievement Test for the 2007–08 academic year. The Progress Report is the most comprehensive homeschool academic study ever completed.

The Results

Overall the study showed significant advances in homeschool academic achievement as well as revealing that issues such as student gender, parents’ education level, and family income had little bearing on the results of homeschooled students.

National Average Percentile Scores

Subtest Homeschool Public School

Reading 89 50

Language 84 50
Math 84 50

Science 86 50
Social Studies 84 50
Core a 88 50
Composite b 86 50
a. Core is a combination of Reading, Language, and Math.

b. Composite is a combination of all subtests that the student took on the test.

There was little difference between the results of homeschooled boys and girls on core scores.
Boys—87th percentile

Girls—88th percentile

Household income had little impact on the results of homeschooled students.
$34,999 or less—85th percentile

$35,000–$49,999—86th percentile

$50,000–$69,999—86th percentile

$70,000 or more—89th percentile

The education level of the parents made a noticeable difference, but the homeschooled children of non-college educated parents still scored in the 83rd percentile, which is well above the national average.
Neither parent has a college degree—83rd percentile

One parent has a college degree—86th percentile

Both parents have a college degree—90th percentile

Whether either parent was a certified teacher did not matter.
Certified (i.e., either parent ever certified)—87th percentile

Not certified (i.e., neither parent ever certified)—88th percentile

Parental spending on home education made little difference.
Spent $600 or more on the student—89th percentile

Spent under $600 on the student—86th percentile

The extent of government regulation on homeschoolers did not affect the results.
Low state regulation—87th percentile

Medium state regulation—88th percentile

High state regulation—87th percentile

HSLDA defines the extent of government regulation this way:
States with low regulation: No state requirement for parents to initiate any contact or State requires parental notification only.
States with moderate regulation: State requires parents to send notification, test scores, and/or professional evaluation of student progress.
State with high regulation: State requires parents to send notification or achievement test scores and/or professional evaluation, plus other requirements (e.g. curriculum approval by the state, teacher qualification of parents, or home visits by state officials).

The question HSLDA regularly puts before state legislatures is, “If government regulation does not improve the results of homeschoolers why is it necessary?”

In short, the results found in the new study are consistent with 25 years of research, which show that as a group homeschoolers consistently perform above average academically. The Progress Report also shows that, even as the numbers and diversity of homeschoolers have grown tremendously over the past 10 years, homeschoolers have actually increased the already sizeable gap in academic achievement between themselves and their public school counterparts-moving from about 30 percentile points higher in the Rudner study (1998) to 37 percentile points higher in the Progress Report (2009).

As mentioned earlier, the achievement gaps that are well-documented in public school between boys and girls, parents with lower incomes, and parents with lower levels of education are not found among homeschoolers. While it is not possible to draw a definitive conclusion, it does appear from all the existing research that homeschooling equalizes every student upwards. Homeschoolers are actually achieving every day what the public schools claim are their goals—to narrow achievement gaps and to educate each child to a high level.

Of course, an education movement which consistently shows that children can be educated to a standard significantly above the average public school student at a fraction of the cost—the average spent by participants in the Progress Report was about $500 per child per year as opposed to the public school average of nearly $10,000 per child per year—will inevitably draw attention from the K-12 public education industry.

Answering the Critics

This particular study is the most comprehensive ever undertaken. It attempts to build upon and improve on the previous research. One criticism of the Rudner study was that it only drew students from one large testing service. Although there was no reason to believe that homeschoolers participating with that service were automatically non-representative of the broader homeschool community, HSLDA decided to answer this criticism by using 15 independent testing services for this new study. There can be no doubt that homeschoolers from all walks of life and backgrounds participated in the Progress Report.

While it is true that not every homeschooler in America was part of this study, it is also true that the Progress Report provides clear evidence of the success of homeschool programs.
The reason is that all social science studies are based on samples. The goal is to make the sample as representative as possible because then more confident conclusions can be drawn about the larger population. Those conclusions are then validated when other studies find the same or similar results.

Critics tend to focus on this narrow point and maintain that they will not be satisfied until every homeschooler is submitted to a test. This is not a reasonable request because not all homeschoolers take standardized achievement tests. In fact, while the majority of homeschool parents do indeed test their children simply to track their progress and also to provide them with the experience of test-taking, it is far from a comprehensive and universal practice among homeschoolers.

The best researchers can do is provide a sample of homeschooling families and compare the results of their children to those of public school students, in order to give the most accurate picture of how homeschoolers in general are faring academically.

The concern that the only families who chose to participate are the most successful homeschoolers can be alleviated by the fact that the overwhelming majority of parents did not know their children's test results before agreeing to participate in the study.
HSLDA believes that this study along with the several that have been done in the past are clear evidence that homeschoolers are succeeding academically.

Final Thought

Homeschooling is making great strides and hundreds of thousands of parents across America are showing every day what can be achieved when parents exercise their right to homeschool and make tremendous sacrifices to provide their children with the best education available.

CEDAW and Homeschooling Families

(From www.hslda.org)

July 16, 2009
William A. Estrada, Esq.

Director of Federal Relations

Introduction

The United Nations Convention on the Rights of the Child (CRC) has been at the forefront of HSLDA’s lobbying efforts recently, but there is another UN convention that may also be sent to the United States Senate for ratification, and would also threaten home educating families: the UN Convention on the Elimination of all Forms of Discrimination against Women (CEDAW).1

CEDAW calls for sweeping changes in law and policy to eliminate “all forms” of discrimination against women. It was drafted around the time that the Equal Rights Amendment movement was at its zenith. If ratified (requiring two-thirds of the Senate or 67 senators to approve it), CEDAW would become the supreme law of the land under the U.S. Constitution’s Supremacy Clause in Article VI, thus trumping state laws and being used as binding precedent by state and federal judges.

Adopted by the UN General Assembly in 1979, CEDAW was signed by President Carter’s administration in 1980. Now that the women’s treaty has a favorable majority in the U.S. Senate and supporters in the Obama administration, proponents of CEDAW are pushing to have it ratified.

Why is CEDAW Dangerous to Homeschooling Families?

The greatest danger posed by CEDAW is its requirement that curricula be revised to ensure that there is no differentiation made on the basis of gender. CEDAW’s Article 10 gives the government the power to make these revisions: “States Parties shall take all appropriate measures to eliminate discrimination against women … and in particular to ensure … the elimination of any stereotyped concept of the roles of men and women at all levels and in all forms of education by encouraging coeducation and other types of education which will help to achieve this aim and, in particular, by the revision of textbooks and school programmes and the adaptation of teaching methods.” Under the guise of eliminating bias against women, CEDAW attempts to eliminate any differentiation between the sexes.

CEDAW prohibits making distinctions between the roles of mother and father, and teaching a traditional understanding of the family. Children are to be taught that they can get along just as well with two mothers or two fathers, and any attempt to show otherwise could be considered discrimination against women.

If CEDAW is ratified, Congress will not only acquire the duty to implement the treaty, but it will also acquire the jurisdiction necessary to pass legislation to comply. Such necessarily far-reaching legislation will impact the education of all children, including those who attend homeschools and private Christian schools.

Another danger posed by CEDAW, just like the CRC, is that a committee of “experts” on gender issues from 23 foreign nations has the power to supervise all nations that ratify CEDAW, to ensure that they are taking steps to enforce the convention’s requirements. This strikes at the heart of our system of representative government, where elected officials represent us in state legislatures and in Washington, D.C. No one on this committee has ever been elected by a U.S. voter, yet the committee would make rulings that could affect the lives of all U.S. residents.

Possibly most shocking of all, under the Optional Protocol to CEDAW passed by the UN General Assembly in 1999, individuals or groups who disagree with how the treaty is enforced by Congress and the U.S. judicial system can take claims alleging violations of CEDAW directly to the CEDAW Committee. The CEDAW Committee has an “inquiry procedure” whereby it can directly investigate possible CEDAW violations.

Conclusion

It is possible that CEDAW will be sent to the U.S. Senate for a ratification vote this year, even before the CRC. Regardless of which treaty is sent first, it is imperative that homeschoolers and other freedom-loving Americans work together to defeat both.

We will continue to monitor this treaty, as well as the CRC, and provide updates.

Endnotes

1. All references are from the text of CEDAW, located on the United Nations website at http://www.un.org/womenwatch/daw/cedaw/text/econvention.htm