For the past several days we have been in communication with Governor Asa Hutchinson’s office about how S.B. 810 will be implemented.
As you may be aware, S.B. 810 directs the Child Maltreatment Hotline to resume accepting reports regarding educational neglect. Prior to 2013, public school officials could report educational neglect to the hotline; in 2013 the Arkansas Legislature changed the law regarding the procedures public school officials use in reporting educational neglect so that they could not report directly to the hotline.
Public school officials maintain S.B. 810 is necessary to clarify that, as mandatory-reporters of child abuse, they can place calls to the Child Maltreatment Hotline, and that the bill is necessary to address truancy and educational neglect that is currently not being resolved among public school families.
Many home schoolers are understandably concerned this bill will give adversaries of home schooling a way to harass innocent home school families. The truth is, however, adversaries of home schooling already have the ability to file frivolous “educational neglect” reports against home school families, and even attorneys at DHS have acknowledged to us that having a valid Notice of Intent to Home School is enough to resolve an educational neglect report with or without S.B. 810.
The bottom line is a home schooler with a valid Notice of Intent to Home School cannot be charged with truancy, is not neglecting the education of their children, and should have very little to worry about under S.B. 810.
However, to put minds at ease we have asked Governor Hutchinson to work with the Department of Education and Department of Human Services to craft an executive memo, rule, or regulation protecting home schoolers from frivolous reports filed with the Child Maltreatment Hotline under S.B. 810, and we are working on clarifying language that could be added to S.B. 810 to ensure it will not be used against innocent home school families.
Last night Governor Hutchinson’s office informed us that the governor has received many calls from home schoolers regarding S.B. 810; that he has looked carefully at the bill; and that his office will work closely with DHS going forward to guard against any misuse of S.B. 810.
Governor Hutchinson’s office has expressed a sincere interest to protect home schoolers from any misapplication of S.B. 810, and we take Governor Hutchinson at his word. We have also been in communication with Secretary of State Mark Martin about the ramifications of S.B. 810.
Many people have asked how soon the Arkansas Legislature may be able to clarify that S.B. 810 will not adversely impact home schoolers.
The Arkansas Legislature has adjourned for the year. However, Governor Hutchinson indicated today that a special session is likely sometime in the near future. If the governor calls a special session of the Arkansas Legislature, he could include amendments to S.B. 810 among the reasons for that special session. If he chooses to do that, the Arkansas Legislature could address the concerns of home schoolers sometime in the very near future.
If you would like to encourage Governor Hutchinson to include clarifications to S.B. 810 in his call for a special legislative session, you can leave a message for him at (501) 682-2345, and you can send him an email at http://governor.arkansas.gov/contact-info.
