Arkansas Homeschool Families Should Not File Notice of Intent Online

Finally, the state of Arkansas wants to make things easier for homeschoolers by allowing us to fill out and file the Notice of Intent and Waiver forms online. While it may seem that the state is trying to simplify the process, this is actually a power grab by the Arkansas Department of Education(ADE) and it should not be tolerated. I am urging parents to forgo online registration this year and to keep filing by mail.

 

According to Lisa Crook at ADE, the new electronic filing is a way to track parents who are trying to circumvent truancy laws by homeschooling their children. If you read the Parent Tutorial very carefully, the language changes from review of the parents Notice of Intent and Waiver forms to approval of the forms. This is in direct conflict with the current homeschool law (see the links at the right side of the page) . Nothing in the current law gives the ADE the power to approve or deny a parent’s right to homeschool. The only way a parent can legally be denied the right to homeschool is if their child is currently under discipline by a public school and that discipline measure has not been met, the child is expelled or someone in the home is a registered sex offender.

 

Another change to the law is the requirement that all homeschoolers file online by 2014-2015 school year. The written law states that all new homeschoolers must bring their forms into the local Superintendents office in person. Requiring new homeschoolers to file online (which by the way is a good idea) is a change to the law which must be done by the legislature or by the governor through an executive order.

 

Why the uproar? As a close friend of mine put it, “this is a power grab” by the ADE. If enough homeschoolers file online this year, they can claim that they can approve or deny your right to homeschool by default. This new format for filing forms is not about making it easier for homeschoolers, it is a way for the state to start tracking homeschoolers in the same manner as they track the public school kids. It is about taking advantage of homeschoolers who do not know the law. And finally, it is about giving up our rights without consent or knowledge.

 

Do not give the ADE any power to approve homeschool forms? This is outside of their legal bounds. I contacted the Home School Legal Defense Association about this, but because I am not a paid member they blew me off and suggested that I join HSLDA in order to speak directly with one of their legal representatives. Shows you where their loyalties are, either you have to be an Evangelical Christian fleeing a country that is not homeschool friendly or you have to be a paid member. So what if the Arkansas Department of Education is trying to take away your right to homeschool and to illegally change the law—if you’re not a member, it is not their problem.

 

I have to admit, I am at fault here. When I submitted my forms online, I only glanced through the parent tutorial (located on the right sidebar, Read it carefully before deciding to fill out the forms online.) It was not until I received the email stating my forms were waiting approval from ADE did it raise an eyebrow. If you look at your pending forms, it will state waiting approval from ADE. These are legal documents and the ADE has hijacked the homeschool law and placed themselves as overseers of homeschoolers.

 

6-15-502. Rules, regulations, and procedures for monitoring and enforcing provisions.

“ (a) The provisions of § 6-18-201(a) shall be self-executing, and the State Board of Education shall have no authority to promulgate rules, regulations, or guidelines for the enforcement or administration thereof.

 

 (b) The board is empowered to make such reasonable rules and regulations required for the proper administration of this subchapter which are not inconsistent with the intent of this subchapter.

 

History. Acts 1985 (1st Ex. Sess.), No. 40, § 7; 1985 (1st Ex. Sess.), No. 42, § 7; A.S.A. 1947, § 80-1503.10; Acts 1995,

No. 1296, § 15; 1997, No. 400, § 1”

 

If you read provision (a) above, it clearly specifies that the ADE cannot change or make any rules or regulations outside of what is stated in the homeschool law. But this whole wording of approval by the ADE for those that file electronically only is in direct conflict with the above quoted law.

 

As homeschoolers, we should all inform Dr. Tom Kimbrell, Commissioner of Education, that we will not stand for this hostile takeover of homeschooling by his department. It is time to exercise our rights under the law and get the wording of the electronic filing to fit within the current homeschool law. Hold the ADE accountable and make them abide by Arkansas law. If we sit by an do nothing, next year we will all be waiting for state approval before we can legally homeschool.

Posted on 31 July '13 by , under Arkansas homeschool requirements, Politics.

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