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Here's a look at the bill the DOE tried to get passed at the last legislative session, and went through the Senate Committee on 5/2/2001. We had to take urgent action to stop it from going to the floor on 5/10. This was all done 2 weeks after we were assured by the DOE that they would not put it in until we had come to an agreement. |
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DELAWARE STATE SENATE
140TH GENERAL ASSEMBLY
HOUSE BILL NO. ___________
AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO REPORTING PRIVATE SCHOOL, PRIVATE ASSOCIATION, CORPORATION, INSTITUTION, HOMESCHOOL AND HOMESCHOOL ASSOCIATION ATTENDANCE AND PUPIL RECORDS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend Section 2704(a), Title 14 of the Delaware Code by deleting the first sentence up to the word "shall" and substituting in lieu thereof:
"(a) All persons conducting private schools, homeschools, homeschool associations and all private educational associations, corporations or institutions"
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Note: This section separates homeschools from private schools. Once there is a distinction, there must follow a definition. More freedom will be lost. |
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Update:
The bill that went through on 5/10 added a change to the title of this Code. Instead of "Report of Private Schools to Department", now it will be read as, "Reports to the Department of Education". I don't have a problem with this change. |
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Section 2. Amend Section 2704(b), Title 14 of the Delaware Code by striking the last sentence therof in its entirety. |
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Note: This section removes the sentence which requires the September Enrollment report to be submitted "on such forms and in such manner as may from time to time be prescribed by the Department of Education." I would like to see this part go through by itself! Then, we could get those intrusive forms changed, once and for all. They have been promising to remove the "extra" questions from their forms for over 2 years now. I don't believe they intend to do that. The next section tells why: |
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Section 3. Amend Section 2704, Title 14 of the Delaware Code by adding a new section (c) to read as follows:
"(c) Reports shall be submitted on such forms and in such manner as may from time to time be prescribed by the Department of Education; provided, nevertheless, that any prescribed form of report shall be the same for all reporting persons or other entities."
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Now, the vague language (or blank check) applies to all reports, as long as it is the same report for everybody. This could be setting us up for even more intrusive paperwork. |
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NOTE: When asked why DOE would not entirely remove the vague reporting language, JJ Davis replied that they want to be able to change the color of their forms from year to year. WHAT??? Since when do you write legislation to change the color of forms? What purpose could that possible serve to benefit the DOE or the Private Schools? We are paying these people to sneak around proposing legislation that will not only broaden their boundaries, where they have no business anyway, but will also tighten restrictions at the same time. |
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Section 4. Amend Section 4111 (a) Title 14 of the Delaware Code by deleting subsection (3) in its entirety and substituting in lieu thereof:
"(3) Nothing in this section shall preclude the disclosure by authorized school personnel of all or part of a pupil's personal records to the parent or legal guardian of such pupil in accordance with the provisions of federal law." |
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I don't have a problem with this, but it should be on a separate bill. If you look at the Delaware State Constitution, Article II, Section 16, you will see that this is in violation: "No bill or joint resolution, except bills appropriating money for public purposes, shall embrace more than one subject, which shall be expressed in its title." |
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