Education Savings Account

A Tale of Two ESA Bills & the Mid-Legislative Session Update

This week marks the middle of a long legislative session of the Indiana General Assembly. The session runs to the end of April.

Education Savings Accounts
SB 534 (Jeff Raatz R-Richmond)

HB 1591 (Jim Lucas R-Seymour)

Two Education Savings Account (ESA) bills were introduced this session. One was typical and one was atypical. First, Senate bill SB 534 was an ESA for special needs. IAHE Action worked with the author to modify language prior to bill introduction so we would no longer oppose the bill. This bill followed the normal pattern for IAHE Action in the legislature. You may listen to the hearing at this link. Interestingly, Senator Mark Stoops (D-Bloomington) noted in the hearing that Bill Gates and Jeb Bush fund the advocacy for ESAs. SB 534 received a hearing, but not a vote, so the bill is dead at this time.

February 15, ESA testimony begins at 46:38.

The second ESA bill, HB 1591 (Education Options Account), we learned about last summer. We spoke to the author about it on August 5, 2016, and from our initial conversation, we had hoped to have input into the language of this bill. Unfortunately, after multiple unsuccessful attempts at follow-up, we were forced to oppose the House bill when we saw the language at introduction.

This bill allowed the State to have oversight of approving providers, which would have included homeschool parents and the list of approved vendors. It’s like Henry Ford said about the Model T. You can have any color you like as long as it’s black. You can choose any curriculum you like as long as it’s on the government pre-approved list. Parents would have to agree with rules and requirements of the program. Strangely enough, few requirements were included in the text of the legislation. However, according to the author on his public Facebook page he announced there would be accompanying assessments to “make sure parents are giving taxpayers their monies worth.” What happens if the State decides they are not “getting their monies worth?” We can only guess because that language is yet to be written. Not including basic expectations and requirements demonstrates the bill was a “bait and switch” lying in wait. Rather, the bill punted such decisions to the unelected State Board of Education and approval through the State Treasurer’s office, not the Superintendent of Public Instruction.

HB 1591 includes the same protective language as the voucher bill. We will not be fooled. We know voucher-accepting schools used to take a norm-referenced test of their choice, but after vouchers they must administer ISTEP and have their data collected. Even though the law does not mandate it, many voucher-accepting schools feel compelled to use Common Core curriculum in order to score well on ISTEP in order to protect their A-F accountability grade. HB 1591 would bring the camel into the homeschool community tent. Although there was a push by the author near the end to have this bill receive a hearing, it did not receive one. HB 1591 is now dead.

SB 27 Grandparent and Great-grandparent Visitation

(Lonnie Randolph D-East Chicago)

IAHE Action testified against this bill. SB 27 would allow a grandparent or great-grandparent to petition a court for child visitation simply because there is an “estrangement” within the family and the parent is preventing their child from seeing the grandparent/great-grandparent. This new provision will apply to any family, even intact, two-parent families. It is very troubling to have the State of Indiana via the courts insert itself into an intact family’s decision making.

In some ways, this could create a disincentive for parents and grandparents to come together. An adversarial proceeding can cause more tension and actually may disincentivize these families coming together in an amicable manner to try to resolve their disputes. Bringing it to court may ramp up emotions. The Supreme Court has given great deference to the fact that parents are deemed fit and know what is best for their children. We believe this proposed statute is basically questioning the judgment of fit, intact families. This bill received a hearing but not a vote. SB 27 is dead.

SB 175 Health Care Consent

(Jean Leising R-Rushville)

IAHE Action testified to amend the bill. We believed the language in this bill needed to be tightened. We suggested that SB 175 add a requirement that the health care provider must ask whether the minor has a parent, guardian or adult sibling before accepting a grandparent’s consent for medical service. As a grandparent, we would want to be able to give consent to medical treatment for a minor grandchild if needed. However, that as a parent we would like the health care provider to first look for a parent, individual in loco parentis, or an adult sibling before turning to the grandparent for consent. (Senator Koch R-Bedford) carried our amendment, which passed as a floor motion in second reading. SB 175 is headed to the House.

HB 1384 Various Education Matters

(Bob Behning R-Indianapolis)

HB 1384 contains language that addresses the public school push out problem by focusing on the mobility rate of schools. Indiana Association of Home Educators (IAHE) was asked to testify regarding observations from phone calls they have received from families for whom the public school reported their enrollment as a homeschooler. They were then given IAHE’s number and decided not to homeschool after consultation and receiving more information as to what home education entails with IAHE. HB 1384 is headed to the Senate.

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Concerns about HB 1591 Education Options Account (EOA)

“Concentrated power is not rendered harmless by the good intentions of those who create it.” ~ Milton Friedman

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A legislator wants the State of Indiana to “help” people homeschool. It sounds so nice on the surface. What possibly could be the problem with that? A lot. Here’s our concerns:

1.) Currently, homeschooling is completely separate from institutional education programs. Parents are solely responsible for expenses. Education Option Accounts (EOA), also known as Education Scholarship Accounts (ESA), blurs those lines by sending taxpayer dollars into homes. This ultimately turns homeschools into public schools and subject to regulation. Homeschools in Indiana are considered “private schools”, but the introduction of government money endangers educational liberty. Government money always comes with strings.

“Any private schools that do participate will thereby become public schools, as such schools are defined under the new system.” John E. Chubb, Terry M. Moe. Politics, Markets, and America’s Schools. Washington D.C.: The Brookings Institute, 1990: p. 219.

”By rhetorical sleight-of-hand, this redefinition would address long-standing concerns about the propriety of providing government support to public schools simply by declaring private schools to be public.” Jeffrey R. Henig, Rethinking School Choice: Limits of the Market Metaphor. Princeton: Princeton University Press, 1995: p. 94.

Based on the above quotes by school choice advocates, homeschoolers, as defined by Indiana law, would then become public schools which is a violation of our federal Constitutional right to provide an education independent of government intrusion. ESAs/EOAs appear to play a part in transforming the public school system. Homeschoolers are alarmed that they could unwittingly be drawn into it.

2.) There have been over 50 cases of discrimination against homeschoolers in Indiana. Cases have included denial of entrance in trade schools to qualified candidates job offers being rescinded. The more education becomes entwined with corporate interests, the more likely it becomes homeschool candidates, who do not have diplomas issued by state agents, will see an increase in discrimination. There is a well-documented case of an Indiana corporation denying employment to an Ohio home educated student. The division of homeschoolers in Indiana will increase the possibility that the group under State “oversight” could be viewed more favorably. We are concerned about the soft consequences of non-participation despite producing highly educated graduates.

3.) A legislator said this bill will help those who are “incapable” of homeschooling. Ask any homeschooler if someone who is “incapable” should be encouraged to homeschool. I can tell you their answer. NO! It’s a recipe for disaster.

Indiana Association of Home Educators and IAHE Action have dealt with the Indiana Advisory Committee to the U.S. Commission on Civil Rights and the topic of the School to Prison Pipeline for ten months in 2016. We saw first hand what happens when the public schools encourage someone to “homeschool” who is “incapable.” We truly believe any parent can homeschool if the motivation comes from within. It should never, ever be motivated from an outside source. Former public school families homeschool now…without government “help.” We’ve been doing it for 35 years.

As Milton Friedman said, “The least amount of care is given when spending other people’s money on other people.” A number of homeschoolers have expressed concern that they know of other people who would absolutely sign up for this program in order to receive a perceived benefit and not use it to teach their children. The public school truancy problem where parents claimed to homeschool, but their students were actually truant gave legit homeschoolers a black eye. We are concerned this bill will give us a second black eye.

4.) We are concerned the schools will use an EOA to play a “shell” game with their problem students in order to protect their A-F grade. The accountability measures for the public schools have negatively affected homeschooling over the years. Homeschooling seems to be an area in which they hide their problem students to get them off their records. Ask people in the homeschool community if they know these people and they will say, “no.” According to testimony in the School to Prison Pipeline, principals from the schools appear to know these dropouts and that they are not being educated. If they know them, why they are not dealt with according to the current law? In fact, a testifier from the hearing told the IAHE Director of Government Affairs that “If we can make them register, teach them how to homeschool, monitor their homeschool, buy their curriculum and test them, homeschooling will work for the dropouts!” YIKES! We are concerned this bill will enable that practice. The good reputation of homeschoolers will be once again sullied from those outside our community. Home education has always been about the parent-child relationship. If a parent is disinterested, lacks time, or motivation, the amount of money that is spent on homeschooling will not change that attitude or situation. A recent IAHE survey of Indiana homeschoolers showed the average Indiana homeschool family spends less than $500/year on their children’s education. That amount of money will not allow a working parent to stay home to homeschool.

5.) We are concerned this is the camel’s nose under the tent in home education. Homeschoolers must be independent and self-motivated to homeschool. Creating a new entitlement class is not conducive to the character necessary to successfully home educate. Homeschoolers must be innovative, independent parents, not ones who wait for assistance from others.

6.) EOAs will require a parent to be an “approved” service provider in a yet to be determined procedure with unknown criteria that will be developed by the Indiana State Board of Education to receive approval by the Treasurer.

One must be “approved” (if they want to enroll in an Education Options Account) unlike now as a parent operating a non-accredited nonpublic school (which would still remain an option.) Also, they’d have to agree to 1) provide, at a minimum, an education in certain subjects; 2) use the funds only for qualified expenses; 3) comply with the rules and requirements of the program (subject to change each legislative session.)

7.) EOAs will require a de facto registration of a homeschooler. Data is king in Indiana. We strive to protect our children including their data from government overreach. It is private, intimate information of our children. We aim to protect it until they can decide on their own as an adult with whom they decide to share it. Our children are more than cogs in the government machine. They are our treasured gifts from God, and we are accountable to Him for their education and upbringing.

8.) Funds may only be used for qualified expenses. The State will decide what is “qualified” and we believe this will open the door to Common Core for homeschoolers as the State requires it for its public schools. Of course, we now have Indiana Standards, which contains 85-90% of Common Core standards. As Shakespeare once said, “A rose is but a rose if called by any other name.” Same goes for stinkweed.

We are also concerned about curriculum price inflation. Anyone remember the government-funded $640 toilet seats?

9.) Currently, the Indiana EOA proposal is ripe for fraud. What prevents a parent approved for an account to purchase qualified expenses, sell them to another non-EOA homeschooler, pocket the money, and the State would be none the wiser? Of course, that brings us to our next concern…

10.) A new entitlement will necessitate increased taxes. Homeschoolers do not need the State to take our tax money and turn around and give it back with strings. If you want to help, increase our deduction to $2,500. With a tax deduction, we can keep our own money and the State never touches it. Increased taxes will make it more difficult to homeschool without government “help.” After all, the Indiana legislature is campaigning for an increase in the gas tax to cover fixing roads, an obvious role of the government. If tax increases are already needed for the government to perform basic services, why are they dangling $400 million dollars in our faces for an area it doesn’t serve and we don’t want? Is it really to “help” or to control us?

11.) EOAs are vouchers. Despite the best of intentions including protective language in Indiana Code, the increased regulation of Indiana voucher-accepting schools did not escape our notice. Families tell us they feel it was a “bait and switch”. Fool us once shame on you; fool us twice, shame on us.

12.) An EOA family must agree not to enroll the student in a school corporation, charter school, or the choice scholarship program. If that family is pushed into homeschooling and they are unsuccessful, they are not able to enroll in a public school and parents are left holding the bag. Homeschooling will get the blame for failure.

An African saying that relates to missionary help states, “We’ve been fixed so many times we’re a real mess now. Lord, please do not send another one to help us.” We see this as the problem with our schools. Instead of meddling with the schools, let the locals deal with them. They can fix their schools. It’s the one thing that has not been tried. We do not want the State to start meddling with “home schools” because we guarantee this idea of “helping” “incapable” people homeschool will lead to requiring “fixes” and make a mess out of home education. Homeschooling works and we’ve proven it; please don’t mess it up!

13.) What will happen to the public school push-out students when the EOA funds are not sufficient to meet the needs of the child’s educational challenges? By taking the EOA money, the parent has agreed to not utilize ANY further state money or services. When the money runs out the parent either has to begin paying out of pocket or the child simply goes without any remediation for the rest of the year. Based on IAHE’s past experience with push-out families who call them for help, we know the public school will not help these families assess the cost/benefit ratio between staying enrolled and taking EOA money. Who is helped here besides the public school’s graduation rate and A-F rating? Hint: Not the child.

14.) Home educators are allowed to be innovators in education and we are concerned about the potential for increased regulation. Curriculum can be adapted for the student rather than the student adapting to the school’s curriculum. Children can learn at their pace without the stress of constant assessment. The joy of learning is allowed to take hold. Inserting government “oversight” or “accountability” into homeschools introduces the very problems that plague our public schools into our homes. What benefit has child assessment given students in schools now other than frustrating struggling learners and creating incentives for principals to push poor performers out of the public school?

Home educators test their students. They independently contract with testing services utilizing the standardized test of their choice. The difference being the parent is in full control of testing frequency, the child’s results and who sees those results. The modern move towards data-collection is a grave concern for many homeschool families. Pulling homeschoolers into the public/private school universe deprives parents the right to control their children’s data and sends the clear signal the government does not trust parents. For those parents who wish to have greater support at home, Indiana already offers a Virtual Public School (VPS) option. VPS still requires an engaged parent to keep the student on task even if grading and testing is being done by the educational vendor.

After having risked jail time and potential loss of children for the right to homeschool, homeschoolers are very protective of our hard won liberty. The very thought of publicly-funded homeschooling appears to be an oxymoron. One cannot retain liberty while under government regulation. EOAs are a foreign concept that we believe will fundamentally harm homeschooling in Indiana.

One choice with many names is no choice.

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Is an “Education Savings Account” program coming to a state like yours?

Our friends who lobby for Nevada Homeschool Network share their story about ESAs and the confusion that it has brought to their state.

During the 2015 Nevada Legislative Session, the Friedman Foundation assisted State Senator Scott Hammond in the writing of SB 302. Senator Hammond had requested a Bill Draft Resolution (BDR) for a government funded alternative education option for parents of public school students. An Education Savings Account (ESA) program is different from a “voucher system” they say, since money from the state general fund is not going directly from the state to a religious private school (Blaine Amendments in many state constitutions prohibit the use of public funding for sectarian purposes). Rather, the money (between $5,100 to $5,700 in NV) goes from the state’s general fund into an account in the name of the child, whose parents then choose where to spend the money so that the child receives an education as compelled by state compulsory attendance laws. This supporters say, means that the parent, not the state, is choosing the education modality for the child and the parent is therefore free to choose a private religious school or use religious materials in the education of their child. This new program passed the 2015 NV Legislature along strict party lines (all Republicans in support, all Democrats opposing). What makes Nevada’s ESA unique is that it is “universal”, meaning it is not “means” or “needs” tested and is available to all NV public school students. Two lawsuits were filed in NV District Court in late 2015 against the new ESA program with a decision in at least one of the cases due out in April from the Nevada Supreme Court (Governor Brian Sandoval requested an expedited decision).

The ESA law has muddied the waters for homeschoolers in Nevada! Many are saying that the new ESA program is “a different way of homeschooling”, it is not! Let me explain.

Nevada parents, who choose to use the ESA program, will NOT be “homeschooling” under NV statute. NRS 392.070 and 392.700 allow NV parents, who receive NO MONEY from the state, to educate their children free from government control, although educational abuse and neglect statutes do apply as safeguards. While imitation is the best form of flattery, Nevada Homeschool Network (NHN) became alarmed when Senator Hammond introduced an amended version of his original ESA bill that no one had been able to read prior to the hearing in the NV Senate Education Committee. NHN opposed the bill as introduced due to the Senator’s constant reference to homeschooling in his verbal introduction of the bill. The Senator’s amended version attempted to use the NV homeschool law as the vehicle for this new program. However, Senator Hammond agreed to work with NHN to address homeschooler’s concerns. As a result, NHN offered an amendment to SB 302 that protected the NV homeschool statute and created a new statute to establish the ESA program.