My apologies for the length of this page.  I know that few online readers stick around for detailed explanations such as this one and I would have made it shorter, but the section of the legislative bill in question is, itself, long.  Because of this, the analysis is also lengthy. 

My additional apologies for any errors.  I've tried to be as thorough as possible, and still get the information online as soon as possible.

On This Page

Introduction and History
Non-lawyerly Analysis
Online links to discussions and comments
Straight text of Section 10
 

return to:  Federalization of Homeschooling

 

Introduction and History

On the 14th of September, 2005, HSLDA announced the introduction in Congress of HR 3753/SB 1691, the Homeschool Non-Discrimination Act of 2005.  If the bill is enacted as it stands, Section 10 would be a new part of public law, not a correction of existing law, and would be the first section concerning military recruitment addressing a specific population:  homeschoolers. 

Instead of closing the federal barn door after some of the horses have already left, this one opens the barn door to invite the rest of the federal bureaucratic herd inside through the setting of precedent, including definitions of homeschooling in federal law.

The point of this legislation seems to be to skirt the results of a five-year study conducted, apparently at the behest of HSLDA [note:  this is how my reading of the announcement by HSLDA at their website about the Tier I status, and the subsequent release of the report by the Center for Naval Analysis (CNA), but I think the timing of the two events, with the study being dependent on the temporary Tier I status, confused me as to who was responsible for what.  Given that there is no online credit claimed for the CNA study, other than CNA doing it, I now think there is no connection of the study to HSLDA. No one's talking, so I'm left to guess.]

Timeline:

• 10 Jun 2002: Home Schoolers in the Military—How recruiters handle home school graduates
• 19 Aug 2003:  Military Enlistment Program for Homeschoolers Likely Extended
• 9 Sep 2003:  Breakthrough for Homeschoolers Enlisting in the Military
• 16 Oct 2003:  Federal Law Allows For Homeschoolers to Enter Military
• Jan 2004:  Final Analysis of Evaluation of Homeschool and ChalleNGe Program Recruits (there is no link to this report at the HSLDA site, nor any mention of it)
• 12 - 16 Sep 2005:  Home School Heartbeat radio program:   Homeschoolers and Military Enlistment  (note that both interviewed homeschooled grads are planning on careers as officers, and not planning on enlisting)
• 13 Sep 2005:  Equal treatment for homeschool grads
• 14 Sep 2005:  Homeschool Non-discrimination bill introduced in Congress

I'm not a lawyer by any stretch of the imagination, but just as an exercise in critical thinking, I sat down with the new section and looked at it to see if there were any obvious flaws.  To my non-lawyerly eyes, there are.  And as a citizen, though one without a law degree, I have conveyed my concerns to my legislators.  I share them below. (For those who want to read Section 10 straight through, the text of the proposed section follows my analysis.)

 

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Non-lawyerly Analysis

Text of the bill is in 'bold.'
My comments, and pasted quotations and references, are not.

Section 10.  Recruitment and Enlistment of Home-schooled students in the Armed Forces.

Why do homeschooled teens need to be specifically mentioned in public law concerning military enlistment?  No other group in the pool of entry-level servicemembers is singled out for special treatment, so why are homeschooled kids?

Schooling is, to my mind, 'porous' because there is no permanent 'placement' of any child or young person in an educational structure.  At any time a publicly schooled child can become privately schooled, or homeschooled, and the same can be said for the other two categories.  Schooling is a process, not a placement.   

Aside from retention statistics, which are military-specific, there is no special characteristic that separates young citizens who were homeschooled from their peers who attended public schools, private schools, or schools overseas.

Also, concerning enlistment in the military services, aside from the Tiers, there are no special categories for any demographic group.

• U.S. Code -- Code of Laws of the United States
  TITLE 10 -- Armed Forces
  Subtitle A -- General Military Law
  PART II -- Personnel
  CHAPTER 31 -- Enlistments
  § 505. Regular components: qualifications, term, grade
  
  (a) The Secretary concerned may accept original enlistments in the Regular Army, Regular Navy, Regular Air Force, Regular Marine Corps, or Regular Coast Guard, as the case may be, of qualified, effective, and able-bodied persons who are not less than seventeen years of age nor more than thirty-five years of age. However, no person under eighteen years of age may be originally enlisted without the written consent of his parent or guardian, if he has a parent or guardian entitled to his custody and control.

Note that this bill is only about enlisting in the military services. 

Enlisting in the military services makes one an enlisted member, which seems to be obvious, but the waters are sometimes muddied by including commissioning as an officer in the mix of 'homeschooled kid in the military' discussions.  This is an unnecessary complication because commissioning requires a college degree, and the degree removes DoD concern about a 'homeschooling background.'

• Air Force's recruiting instruction (which has a cable-modem download time long enough to go get milk and cookies from the kitchen, then come back and then eat one of the cookies and drink half the milk)
  
  PDF page 63:   3.4. Minimum Education Requirements for Applicants:
  3.4.1. Civilian applicants must have graduated, or be within 365 days of graduation, from a college or university that is regionally or nationally accredited and listed in the Integrated Postsecondary Education Data System (IPEDS). The IPEDS is located at http://nces.ed.gov/ipeds/cool/  and is maintained by the US Department of Education’s National Center for Education Statistics (NCES).

It may be important to the homeschooled grad that she or he was homeschooled, and it may be satisfying to the homeschooling community that a homeschooler made good.  But if you've got a college degree and are seeking a commission, DoD doesn't care where you went to kindergarten, which it does if you're enlisting.

See also on this site:  Accurately portraying military enlistment for homeschooled grads

 

(a) Home-Schooled Students- Chapter 31 of title 10, United States Code, is amended by inserting after section 503 the following new section:

Sec. 503a. Recruitment and enlistment of home-schooled students

A new section.  Only for homeschooled kids.  As if they are a group in need of assistance.  Tsk.

 

(a) Policy on Recruitment and Enlistment- The Secretary concerned shall prescribe a policy for the recruitment and enlistment of home-schooled students. The Secretary of Defense shall ensure that the polices prescribed under this section apply, to the extent practicable, uniformly across the armed forces

Again with the special treatment.  Why?

And as for homeschooling status to be applied, "uniformly across the armed forces," well that's just out in left field because there no other group among all the citizens of the United States that gets this kind of special treatment, plus each of the services has its own criteria for recruits.  Once the basic requirements have been met by a candidate, then particulars are applied.

 

(b) Elements- The policy prescribed by the Secretary concerned under subsection (a) shall include the following:

(1) Identification of qualified graduates of home schooling for purposes of recruitment and enlistment in the armed forces that is in accordance with the requirements described in subsection (c).

This is already taken care of by the Tier system and by the ASVAB test.

The system isn't broke, don't fix it.  Just because some people find it harder to enter than others doesn't mean the system is broke.  Men shorter than 60 inches, women shorter than 58 inches, and men or women taller than 80 are not accepted without a waiver. It is difficult for a reason, and service in the military services is not an entitlement, it is a privilege.

 

(2) Provision for the treatment, within the Department of Defense classification system of educational credentials for recruitment purposes, of graduates of home schooling within the same tier status as regular high school graduates, with no practical limit with regard to enlistment.

 
This is special treatment and not warranted in light of the results of the Final Analysis of Evaluation of Homeschool and ChalleNGe Program Recruits

• PDF p. 52:  Although there are good reasons to explore recruiting avenues beyond traditional public high schools, given the attrition rates of homeschoolers compared with other high school diploma graduates, homeschooled recruits seem to be a less desirable recruiting market than was originally thought.

See also: Recruitment and Enlistment on this site

 

(3) Exemption of graduates of home schooling from any requirement for a secondary school diploma or a General Education Development (GED) certificate of high school equivalency as a precondition for enlistment in the armed forces.

I'm assuming this means that the homeschoolers don't have to have a third-party verification of their homeschooling status.  This is curious because that's exactly what is written into this bill further down.

If it means that homeschoolers don't need to produce any diploma, then this paragraph is thoroughly unfair to the majority of recruits.   If homeschool success in spelling bees triggers animosity (scroll to bottom of entry), what would something like this do?

• Air Force Recruiting Service Instruction 36-2001 (long download)
  page 37:
  2.12. Education Records Requirements:
  2.12.1. A traditional high school diploma from a secondary school day program obtained in residence and located in one of the 50 states, the District of Columbia, US territorial possessions, or oversea DoD operated schools is required to substantiate high school graduation. The following documents may also be used to validate traditional high school graduation: a notarized or certified true copy of the diploma by the issuing agency, an undeleted DD Form 214, a DD Form 215, or a letter on high school letterhead stationary certifying the graduation and the date of graduation and signed by the principal, vice principal, guidance counselor, or registrar. When multiple applicants have graduated from the same school, a letter signed by the principal, vice principal, registrar, or guidance counselor may be used in place of individual diplomas. NOTE: High school transcripts alone are not acceptable as proof of graduation. This is because many schools show a graduation date on a transcript, but never issue a diploma because the student failed the mandatory state testing requirements required for graduation in that state.

If homeschooled graduates are singled out as the one group of potential recruits who don't have to produce any paperwork stating that they've 'graduated' there can only be a backlash.  

Additionally, in light of the concern about 'fake homeschoolers' enlisting in the armed forces, how would anyone know who is who?  Or is that answered later in this section?

 

(c) Qualified Home-School Graduates- In identifying a graduate of home schooling for purposes of subsection (b), the Secretary concerned shall ensure that the graduate meets each of the following requirements:

So no diploma or G.E.D. is required, but new requirements will be?  How does this square with the DoD's requirements being that all 12 years of schooling be of the institutional type according to the Air Force's recruiting instruction?

• PDF pages 37 - 39  (URL for pasting:  http://www.rs.af.mil/pgms/afrsi36-2001.pdf) 

  2.12.5. The educational credentials (categories and definitions) listed below will be used for processing purposes:
  
  2.12.5.1. High School Graduate (HSG) or Higher (Tier 1). An applicant who has attended and completed a 12-year or (or grade) program of classroom instruction and possesses a locally issued diploma from the school.

 

(1) The graduate has taken the Armed Forces Qualification Test and scored at the 50th percentile or above.

The 50th percentile score is already in place, and not very flattering since it qualifies a Tier III candidate for enlistment (scroll down to Table 2.1).

Minimum AFQT/ASVAB scores for enlistment (for high school graduates)

• Air Force -- 40
• Army --  31
• Coast Guard -- 40
• Navy -- 35
• Marines -- 32
   
• All services GED -- 50

 

(2) The graduate has provided the Secretary concerned with--

(A) a signed home-school notice of intent form that conforms with the State law of the State where the graduate resided when the graduate was in home school; or

For all twelve years, a requirement already in place.

 

(B) a home-school certificate or diploma from the parent or guardian of the graduate or a national curriculum provider.

With documentation for all twelve years, which is already required.

 

(3) The graduate has provided the Secretary concerned with a copy of the graduate's transcript for all secondary school grades completed which--

(A) includes the enrollment date, graduation date, and type of curriculum; and

For all twelve years.

Why is all this worth writing such requirements into public law, requirements which could easily be transferred to other pieces of legislation, or which the states could take as a model?

 

(B) reflects successful completion of the last full academic year of schooling from the home-school national curriculum provider, parent, or guardian issuing the home-school certificate or diploma or home-school notice of intent form.

Did no one check the recruiting requirements before cobbling all of this together?  The "last full academic year of schooling" doesn't count, in and of itself, if 'homeschooling' is involved.  For homeschoolers, all twelve years must be 'graded' and 'taught.'

 

(4) The home-school curriculum used by the graduate involved parental instruction and supervision and closely patterned the normal credit hours per subject as used in a traditional secondary school.

Well, it looks as if part of the requirements were read, but somehow the twelve years was glossed over.

 

(5) The graduate has provided the Secretary concerned with a third-party verification letter of the graduate's home-school status by the Home School Legal Defense Association or a State or county home-school association or organization.'

Notice that this is not in the 'or' category.  This is stand-alone, and appears to be something in addition to the preceding requirements.  Homeschooled kids would have to fulfill the foregoing, and this one, too. 

In the Army recruiting regulation, AR 601-210,

• (d) Further evaluation and additional verification are required on all applicants attempting to enlist with only a diploma and transcript from the parents/guardian.

HSLDA has fulfilled that function for some recruits, and, for families who apparently did not use an umbrella school, this would be a new layer of bureaucracy to deal with.  To enter the military, a homeschooled grad who did not use an umbrella school must have third-party verification of the grad's "home-school status."  Using a self-directed correspondence course puts the potential recruit back in Tier II status (which is where homeschooled recruits are still pigeonholed according to the regulation as it stands).

• [also from AR 601-210] (7) Other nontraditional high school credential (ED LVL code 5). A secondary school credential issued for completing an alternative school/program that differs in course content and curriculum from a traditional high school diploma program. Schools/programs that are accelerated and issue a diploma based on a combination of testing, independent study, adult basic education, and/or competencies are classified as Tier 2, regardless of whether the credential was issued by a secondary or post-secondary institution.

But concerning the "third party verification," how would the status be determined?  Whose criteria would 'count?'

The concept of what homeschooling 'is' is itself subjective, and has caused much ink and many electrons to be spilt during the discussion.  No agreement has been reached among the homeschoolers discussing the subject, but yet here we have a paragraph that will sweep away all dissention through third-party verification.  At least we'll finally know what homeschooling 'is.'

As I said above, I'm not a lawyer and I also don't read many laws, or legislative bills as my 'fine-print time' is usually taken up with the backs of cans to find ingredients and health facts. Can anyone tell me if it is common practice for a specific organization (use Ctrl+F, search term = South Carolina), such as say, the Home School Legal Defense Association, to be included in the law, as a provider of services?  This paragraph is reminiscent of the situation in South Carolina where validation by a third-party organization is one of the options under the law.

 

(b) Clerical Amendment- The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 503 the following new item:

`503a. Recruitment and enlistment of home-schooled students.'

After reading all this, consider the 1991 words of Helen Hegener of Home Education Magzine.

• On Jumping Through Hoops
  
  What seems to escape even the most thoughtful homeschooler is the fact that, at some point in time, someone had to challenge the law and homeschool their kids. No doubt they did so illegally. No doubt they were radical, reactionary, and rebellious. But without that first purposeful step, none of us would be homeschooling our children today--legally or otherwise. We need to look down the road to ten or fifteen years from now and try to imagine what the homeschooling atmosphere will be like then. Will homeschooling families enjoy the freedom to simply live with their children? Or will homeschooling have become a bureaucratic nightmare, with volumes of regulations and guidelines? The choice is ours.

 

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Online links to discussions of HR 3753/ S 1691

• My own blog

• H. R. 3753 & S.1691: Homeschool (alleged) NonDiscrimination Act

• HR 3753/S 1691 Military section is brand new

• Discussion of H.R. 3753/ S. 1691

• ‘Discrimination’ against homeschooled military recruits

• BACK FROM THE DEAD

• CAN WE KILL SECTION 10 NOW?

• IMPORTANT HONDA INFO

• HR 3753/ S 1691-Homeschool NonDiscrimination Act 2005

• Homeschool Legislation Watch Ring

• Homeschooling Freedom - the HONDA Edition

• AtypicalHomeschool.net

• Somerschool (read the comments at the links as that's where the discussion is)

• Ramblings, Rants and Remdies:  Kill Bill

• spunkyhomeschool:  HONDA is NOT good news for Homeschoolers

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Straight text of Section 10

SEC. 10. RECRUITMENT AND ENLISTMENT OF HOME-SCHOOLED STUDENTS IN THE ARMED FORCES.

(a) Home-Schooled Students- Chapter 31 of title 10, United States Code, is amended by inserting after section 503 the following new section:

Sec. 503a. Recruitment and enlistment of home-schooled students

(a) Policy on Recruitment and Enlistment- The Secretary concerned shall prescribe a policy for the recruitment and enlistment of home-schooled students. The Secretary of Defense shall ensure that the polices prescribed under this section apply, to the extent practicable, uniformly across the armed forces

(b) Elements- The policy prescribed by the Secretary concerned under subsection (a) shall include the following:

(1) Identification of qualified graduates of home schooling for purposes of recruitment and enlistment in the armed forces that is in accordance with the requirements described in subsection (c).

(2) Provision for the treatment, within the Department of Defense classification system of educational credentials for recruitment purposes, of graduates of home schooling within the same tier status as regular high school graduates, with no practical limit with regard to enlistment.

(3) Exemption of graduates of home schooling from any requirement for a secondary school diploma or a General Education Development (GED) certificate of high school equivalency as a precondition for enlistment in the armed forces.

(c) Qualified Home-School Graduates- In identifying a graduate of home schooling for purposes of subsection (b), the Secretary concerned shall ensure that the graduate meets each of the following requirements:

(1) The graduate has taken the Armed Forces Qualification Test and scored at the 50th percentile or above.

(2) The graduate has provided the Secretary concerned with--

(A) a signed home-school notice of intent form that conforms with the State law of the State where the graduate resided when the graduate was in home school; or

(B) a home-school certificate or diploma from the parent or guardian of the graduate or a national curriculum provider.

(3) The graduate has provided the Secretary concerned with a copy of the graduate's transcript for all secondary school grades completed which--

(A) includes the enrollment date, graduation date, and type of curriculum; and

(B) reflects successful completion of the last full academic year of schooling from the home-school national curriculum provider, parent, or guardian issuing the home-school certificate or diploma or home-school notice of intent form.

(4) The home-school curriculum used by the graduate involved parental instruction and supervision and closely patterned the normal credit hours per subject as used in a traditional secondary school.

(5) The graduate has provided the Secretary concerned with a third-party verification letter of the graduate's home-school status by the Home School Legal Defense Association or a State or county home-school association or organization.'.

(b) Clerical Amendment- The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 503 the following new item:

`503a. Recruitment and enlistment of home-schooled students.'.