NYS Loving Education At Home

College Admissions Task Force

PO Box 438

Fayetteville, NY 13066-0438

www.LEAH.org

CollegeAdmissions@LEAH.org

 
 
 

 

1.  The problem

1.1.                    History

Twenty years ago Home Schooling, in the state of New York, was not yet officially recognized or legal. During that time the Board of Regents enacted a ruling (3.47(a) of Chapter 1 of Title 8) that states:

 

“no earned degree shall be conferred unless the candidate has had a preliminary education of at least a four year high school course, or its equivalent, as determined by the Commissioner (SED). Satisfactory evidence of such preliminary education must be offered before beginning the course of study for the degree”.

 

In the ensuing years, since the Board of Regents issued this ruling, Home Schooling has become legal and home-educated students have measurably demonstrated that this system of education not only works but also produces students that excel both academically and socially. During this time this ruling has remained largely un-enforced and the state has allowed home-educated students to attend, matriculate, and graduate post-secondary educational institutions without incident. Home-educated students have also been able to receive NYS tuition assistance.

 

During the summer of 2002 the Board of Regents restated this twenty-year-old ruling after the New York State Auditor notified the Commissioner of the SED that the State Education Department was not in compliance with the ruling having home-educated students attending, and receiving tuition assistance for, post-secondary degree instruction. In October 2002, all NYS post-secondary institutions were notified that ruling 3.47(a) of Chapter 1 of Title 8 would be enforced or the institution would face potential loss of state funding.  Private institutions are concerned that they could lose their accreditation.

 

 

1.2.                    Who does this affect?

1.2.1.     Current post-secondary students

Beginning in December 2002, NYS home-schooled students who were presently attending post-secondary education in New York received a letter from the colleges, due to the October 11, memo from Johanna Duncan-Poitier of the New York SED.  These letters stated that they would not be allowed to graduate from their degree programs until they had satisfied the conditions of the Board of Regents ruling. In some cases students who were in their final degree semester were told that they would not be allowed to graduate.

1.2.2.     Home schooled students seeking matriculation

In accordance with the 3.47(a) of Chapter 1 of Title 8 ruling post-secondary educational institutions must seek satisfactory evidence of a student’s compliance with the ruling before allowing a student to matriculate into a degree program. Prior to the enforcement of this ruling NYS home-schooled students were admitted to post-secondary education based on  SAT/ACT test scores and/or a portfolio, of academic High School record and/or other means of evaluation by the admissions offices. Now, no home‑educated student will be allowed to matriculate into a degree program until they have complied with the NYS memo.

 

1.2.3.     Elementary home schooling families

Perhaps the most insidious aspect of this ruling is the potential effect that the ruling has on home school families who are considering the continuation of home-educating their children through the High School grades.   [What does this mean?  Homeschool moms are concerned and might quit homeschooling at 8th grade level if they felt that their child wouldn’t get into college.]

 

 

2.  State Education Department Solution

In a recent meeting in Albany an Assistant Deputy Commissioner of the SED indicated that the ruling was a thought-out, well-intentioned policy. Representatives from LEAH were told that the policy was intended to help the Commissioner, who [by NYS law] assumes responsibility for the education of all NYS residents from birth-to-death (an assertion verbally rejected by LEAH meeting representatives), to certify the equivalency of the home school program. There are three “avenues” which the Board of Regents has opened to home school students in order to demonstrate equivalency with a four-year public High School program:

2.1.                    Letter from the School District Superintendent

Home school families may request a letter from their school district Superintendent. This letter is intended to certify that the student has completed the equivalent of a public High School degree. There are, however, issues with this solution.

2.1.1.     Superintendent notification

At the date of this document the SED has not sent any notification to any of the state’s district Superintendents informing them of this new responsibility. The SED has notified all of the post-secondary educational institutions of the need to enforce ruling. Notification has also been sent to all of the students currently in degree programs of their need to comply with the ruling.  The official Q&A for home instruction does state that the Superintendents MAY but do not HAVE to supply such a letter when requested.

 

2.1.2.     Ambiguity

Another problem with the letter from the Superintendent is that it’s left solely to the discretion and/or bias of the Superintendent. This solution is at best open-ended and ambiguous. Throughout the whole of the High School program the School District has noted compliance, in accordance with NYS home school regulations, thus giving the “substantial equivalency” of the individual’s home school program. A further problem is that we do not want to set a precedent of the district “certifying” equivalence, as this has technical implications with the federal level wording about matriculation and/or financial aid.

2.1.3.     Expecting too much

NYS home school regulations state that a student’s academic progress must be reported through age 16, or age 17 in some districts. Most families, under the older advise of HSLDA, do not report the student’s progress after age 16. This generally leaves the school district Superintendent with 1-2 years where the student’s progress is not reported. This then becomes a problem for the Superintendent to certify that the home school student has indeed completed the high school program (again, leaving this option undesirable). With a fairly high attritition rate of Superintendents expected in the next six or so years, there is the additional problem of requesting letters from newer Superintendents who would not have known our students at all. Again, they MAY but do not HAVE to supply letters.

 

2.2.                    General Education Diploma (GED)

The GED has long been a means for NYS individuals who, for various reasons, did not complete a high school diploma program. It offers an opportunity for those individuals to restart, and complete, a high school equivalency. The GED has opened opportunities, to people, that were otherwise closed because of educational background. In these cases the GED has been a real avenue of advance.

2.2.1.     Not for home school students

While, for many, the GED has been an opportunity this is not the case for home school students who have worked hard, and completed their course of High School study. Requiring a home school student to take a GED program, and test, draws an incorrect conclusion and sends the wrong message to our students, and families. We have complied with NYS regulations throughout the educational career of our children and have supplied, in accordance with those regulations, a substantially equivalent course of study. This fact must be sufficient to satisfy the Board of Regents ruling.

2.2.2.     Negative connotations of the GED

During the compilation of data for LEAH’s position in the matter of the Board of Regents ruling there has been anecdotally, and statistically issues, surrounding the GED, which have brought to focus. The GED, for all of the potential good it provides some individuals, still carries with it negative connotations (i.e. a dropout) – this is not a good option for home school graduates.

2.2.2.1.  Post-secondary education and the GED

The GED is placed on the student’s permanent academic record and the GED is viewed as a test taken by dropouts by college Admissions and Placement. All of the colleges and universities that have been contacted by the LEAH task force have indicated that having our home-educated student do this is unnecessary and does them a disservice.

 

There have been a number of colleges, especially community colleges, which have, as a matter of standard practice, demographically placed otherwise highly qualified home‑educated students into remedial counseling programs for no other reason than these students didn’t have the public school diploma. Our students do not deserve this counseling program placement stigma.

2.2.2.2.  Employers and the GED

Employers regard the GED as a lesser accomplishment than a High School diploma. Holders of a GED are looked upon as needing to prove a level of integrity and reliability that does not normally accompany other employees. In short, by necessitating home school graduates to acquire a GED, in order to further their future, the SED is handicapping them.

2.2.2.3.  Military and the GED

The U.S. Military branches have, for the past three years, been conducting a test program. The program is being used to evaluate the initial placement of individuals into the respective military branches. There are two tiers (I and II) in the evaluation. Individuals entering the military with a GED as their last completed certification are generally placed in Tier II. Tier II often requires individuals to take a remedial form of placement testing and potentially limits initial ranking and pay. When the state fails to recognize the equivalency of a home-school diploma, instead requiring to student to obtain a GED, our students are disadvantaged. . Furthermore, the military severely limits the number of GED candidates that will be admitted per year.

 

2.3.                    “Super” GED

The Super GED is another “avenue” which the NYS Education Department is offering to home-educated students. The Super GED requires the student to take 24 credits in courses that are prescribed by the college. Though the student may be, academically, well beyond the course work mandated by the state/college the credits must be obtained before the student is allowed to matriculate into a degree program. Once the 24 credits are completed the student must apply with the SED to have a GED granted. Once granted, a GED is placed on the student’s permanent academic record However, it is true that ALL students are having increased course requirements which roughly approximate the distribution of these 24 credits. On the other hand, the specific 24 required often means that homeschool students are taking extra course(s) to satisfy this requirement – and questionably able to qualify for financial aid while pursuing it.

 

3.  What LEAH is doing

At the LEAH Chapter Leaders meeting in November 2002 the Chapter Leaders were made aware of this problem and its affect, both present and future, on our families and students. Because of the potential magnitude of this issue and the need to understand the details a task force was formed. The initial purpose of the task force was:

 

·         To gather documentation in order to gain an understand of the problem and intent of the SED

·         To formulate a position from which LEAH, as an organization, would be able to take appropriate action

·         To create an effective action plan which will provide NYS home-school students with the equal access to future of their choice (i.e. post-secondary education, military service, employment etc.)

 

In the ensuing months the LEAH Task force has held several virtual (teleconference) fact finding meetings. The Task Force has worked closely with HSLDA, the President of LEAH and Rev. Duane Motley (Albany lobbyist with NYCF – New Yorkers For Constitutional Freedom) both to educate and to form a path-forward strategy. Meetings, and correspondences, have been put forward to the Commissioner of the SED. To date the Commissioner has refused to rescind the enforcement of the memo.

 

On May 22, 2003 LEAH met in Albany with representatives from both the Assembly and Senate as well as individuals from the SED.  As a result of that meeting LEAH is pursuing several activities to effect resolution of this problem:

 

·         In conjunction with supportive members of the NYS Senate; HSLDA, Duane Motley and LEAH is drafting a Legislative Bill which will give NYS home schooling the same recognized status as is found in the rest of the United States.

·         During the meeting it became clear that the SED did not yet understand that the enforcement, and SED “avenues” of solution, of the ruling were unacceptable. As a result LEAH requested that this viewpoint be communicated to the Commissioner with a response, from the Commissioner, due during the week of June 1, 2003. To date the Commissioner has not responded.

·         Beginning on Thursday June 5, 2003 LEAH will be calling for the general membership to begin a publicity campaign which will be introduced at the NYS LEAH Convention in Syracuse.

 

3.1.                    Our position

3.1.1.      

The restatement of the 3.47(a) of Chapter 1 of Title 8 Board of Regents ruling by the Commissioner of the SED is outdated and must be revoked. Its enforcement constitutes an act of discrimination directed at the home school families and students of New York State. The Federal government, and 49 other states, has recognized the legitimacy of home‑school families to issue a High School diploma (self-certification) that may be used in conjunction with test scores (SAT/ACT), academic portfolio, etc to demonstrate the completion of a 

 

“preliminary education of at least a four year high school course, or its equivalent”.

 

3.1.1.      

Statistical evidence exists which shows that home school students in New York State have continued to achieve excellence in academic pursuits, leadership abilities and social skills. We believe that these metrics combined with the fact that we have provided, year-by-year, (according to NYS home school regulations) a substantially equivalent academic program to the NYS public school system that the NYS Board of Regents and Commissioner of the SED must grant equal status to our home school High School graduates. Consider that for twenty-some years there have been homeschool graduates matriculating, progressing and graduating from New York institutions without any problem. This new memo has effectively made a mountain out of a non-existent molehill. There was no problem here.

 

3.2.                    Chapter involvement

What should the LEAH Chapters do in light of this most recent attack on home school families?

·         Pray. Prayer is our first, and best defense. In order to give glory to our Lord and Savior we must first learn to rely upon Him. What to pray for:

o        That God will work in the heart of the Board of Regents and Commissioner of the SED and give them wisdom, and a sense of godly judgment.

o        That those members of the NYS Senate, Assembly, and SED for whom we pray will come to a saving knowledge of the Lord Jesus Christ

o        That the Commissioner of the SED will rescind the restatement of the ruling so that legislative and/of legal action will not become necessary.

 

·         LEAH Chapter leaders need to make their members aware of this problem:

o        The discrimination and injustice that the SED ruling thrusts upon our students currently attending and waiting to matriculate into post-secondary education.

o        Help home school families to understand the eroding effect that this ruling has. By disadvantaging our students after graduating from High School the NYS Board of Regents ruling has given rise to concern about continuing to educate at home the children of many families across New York State.

 

·         Mobilize the membership of NYS LEAH – NOW!!!

o        We need every member of LEAH to contact the Board of Regents by phone, letter, and Email to collectively voice our disapproval of the treatment of our home school graduates.

o        Have selected chapter families plan to visit a Board of Regents Representative, in person, to explain the impact of the ruling on their family and student(s).

o        We need to further continue to contact our NYS Senators and Assembly Representative (especially the Assembly) to encourage the Legislators to put pressure on the SED to recognize the equivalency of home schooling in New York (as governments in the rest of the United States have already done).

o        Encourage articulate chapter members to write an editorial to the local newspapers and other media establishments in order to put a public voice to our dissatisfaction with the NYS SED.