Sponsor(s): Senators Brewbaker and Marsh
Summary/Synopsis: This bill would clarify that private, nonpublic, and church schools offering instruction in grades K-12, are not subject to licensure or regulation by the State Department of Education and clarify that private, nonpublic, and church schools offering instruction in grades K-12, are not subject to licensure or regulation by the State Department of Education.
This bill would prohibit any public two-year or four-year institution of higher education from denying admittance to an otherwise qualified student on the basis that the student was home schooled or attended private, nonpublic, or church school.
This bill would also prohibit the State Department of Education from denying certification to an otherwise qualified person on the basis that the person was employed by an elementary or secondary private, nonpublic, or church school.
League Action and Justification: Oppose.
Analysis: This bill specifically prohibits the licensing and regulation of private, religious, and home schools. Such establishments and operations are required to file, using the same forms as public schools, weekly reports of attendance, as well as reports of physical facilities, faculty, etc, but this is presumably just "for the record," as regulation is prohibited. Public post-secondary schools are prohibited from rejecting graduates of these unregulated institutions simply because they come from them, if they meet the college's admission requirements, which presumably would be satisfactory ACT or SAT scores. The remainder of the bill discusses recognition of non-public post-secondary programs, which may be a way of protecting people from fraudulent for-profit or distance-learning schemes (a good thing). There is a large section on fraud, no directions for reporting it.
League is concerned with lack of regulation of elementary and secondary programs. The allowance for colleges to set admission standards protects the college-bound, but what about the home, privately, and religiously-schooled children who do not apply to colleges?
Bill Progress in Legislature:
01/14/2014: Read for the First times and referred to the
01/15/2014: Read for the 2nd time and placed on the calendar with 1 Substitute (156515-2); pending 3rd reading from Education with one Substitute
3rd Reading Carried Over to the Call of the Chair; Education 1st Substitute (156515-2) Offered; Brewbaker motion to Adopt adopted by Roll call (21-0-0); Ross Amendment (157240-1) Offered; Ross Motion to Adopt adopted by Roll Call (21-0-0); Brewbaker Motion to Carry Over to the Call of the Chair adopted Voice Vote; 3rd Reading Passed; Motion to Read a 3rdTime and Pass Adopted by Roll Call (21-0-0).01/31/2014:
Read for the First Time in the House and referred to the 02/20/2014:
2nd Read and placed on the calendar; pending 3rd Read and Favorable form EP03/11/2014:
3rd Reading Passed;
McClurkin Amendment Offered (159097-4); Motion to Adopt adopted by Roll Call (66-28-4); McClurkin intended to vote “Yea”
Motion to Read a 3rd Time and Pass adopted by Roll Call Note:
The amendment removes some requirements being met as established by the Dept. of Education.Senate:
Concurrence Requested; Senate Rules Committee Petition to Cease Debate adopted by Roll Call Smitherman motion to Concur in House Amendment Lost (2-29-0)
Marsh motion to Non Concur and Appoint Conference Committee adopted by Roll Call (29-0-0); P&PO appoints Brewbaker, Pittman & Ross House:03/18/2014:
Conference Committee Requested; Hubbard (J) motion to Accede adopted by Roll Call (87-0-0); House appoints Hubbard (J), Henry and McClurkin Senate:03/19/2014:
Conference Report; Conference Committee on SB38 2014RS first Substitute (160715-1) Offered;
Brewbaker motion to Concur In and Adopt adopted by Roll Call (24-2-0);House:
Conference Report Concurrence Requested; Hubbard (J) motion to Concur In and Adopt adopted by Roll Call (62-24-4)Senate: 03/19/2014:
Concurred in Conference Report;House:
Forwarded to Governor on March 19, 2014 at 7:09 p.m.Note: The Conference Committee Substitute redefines the following as: PRIVATE SCHOOL -- Includes only such schools that are established, conducted, and supported by a nongovernmental entity or agency offering educational instruction in grades K-12, or any combination thereof, including preschool, through on-site or home programs. CHURCH SCHOOL -- Includes only such schools that offer instruction in grades K-12, or any combination thereof, including the kindergarten, elementary, or secondary level preschool, through on-site or home programs, and are operated as a ministry of a local church, group of churches, denomination, and/or association of churches on a nonprofit basis which do not receive any state or federal funding. In addition private post-secondary institutions are further defined and conditions on their operations outlined.