LB 58, Kintner, 2; Brasch, 16; Erdman, 47
LB 58 would change current provisions relating to homeschooled student participation in extracurricular activities by requiring school boards to establish policies and procedures that may require such students participating in extracurricular activities pursuant to this section to enroll in no more than one course offered for credit by such school. One course meeting 5 days per week is counted as 5 credit hours of schoolwork, and the current requirement is 20 hours. Additionally, LB 58 adds a 1 year delay after student withdrawal from the public school for home education to be a participant in NSAA activities in the local school as a homeschool student.
Click on Three New Legislative Bills Affecting Home Education, LB 58 Hearing Summary, and Status & Member Actions for Three Homeschool Bills for details on LB 58.
NSAA Representative Assembly passes reduced 2 course (10 hour) requirement.
Per NSAA Executive Director Jim Tenopir’s testimony (see LB 58 Hearing Summary) at the 1/30/17 Education Committee hearing, the NSAA Representative Assembly vote on new language requiring 2 courses instead of the current 4 courses was taken on Friday, April 7, 2017. Requiring a three-fifths majority vote, the Representative Assembly voted 70.6% in favor of changing the current 20 hour 4 course requirement to a 10 hour 2 course requirement thus passing the measure. The new language states, “Exempt or home school students from authorized Rule 13 schools must be continuously enrolled in a minimum of ten credit hours of instruction per semester at the school the student represents in interscholastic competition.” However, the minutes of the voting includes the following statement at the end of the section covering this specific vote (middle of p. 2), “This proposal is now referred to the membership of the Association for a referendum vote.”
As a follow-up regarding the meaning of the referendum vote statement, the NCHEA contacted NSAA Associate Director Deb Velder on Monday morning, April 10, 2017. Associate Director Velder advised the NCHEA that the Representative Assembly on 4/7/17 was not the final vote; that the NSAA Constitution and By-Laws require a referendum vote on changes affecting student eligibility. The bulleted items below list the NSAA actions identified by Associate Director Velder yet necessary for the 10 hour 2 course requirement to become effective.
- Referendum Vote, April 28, 2017: NSAA member schools may submit referendum votes to NSAA headquarters until 4/28/17 at which time the there will need to be a 3/5 majority vote (60%) of the votes submitted. She said that not all schools submit ballots for referendum votes. Hence, since the measure was passed by 70.6% of the Representative Assembly, then it would not be impossible for the measure to fail the 60% majority requirement. It all depends on which schools vote, and which do not.
- NSAA Board Ratification Vote, May 18, 2017: If the 10 hour 2 course requirement passes on 4/28/17, then the measure must be ratified by the NSAA board at the May 18, 2017, board meeting.
- Effective date of change, June 1, 2017: If it is ratified by the NSAA board, then the new requirement will become effective on June 1, 2017. The NSAA would then intend that the new requirement be first used for the 2017/18 school year.
On Monday April 10, 2017, The NCHEA requested the transcript of the LB 58 hearing; it was received on 4/19/17. According to the transcript, NSAA Executive Director Dr.Jim Tenopir said the following things to the Education Committee at the hearing:
So, in conclusion, if the NSAA proposal passes the NSAA representative (assembly) in April I do not believe that there is any need for LB58 to go forward. Our request is that LB58 be held until the outcome of the NSAA representative assembly is determined in April. [p. 27]
What I said was, my hope is that you would hold that until such time as our NSAA proposal goes forward. There is still time if that doesn’t go forward on the 7th of April that this LB58 could still proceed. [p. 29]
My strong guess is, is…I don’t know what your calendar is like, but your session certainly isn’t over by the 7th day of April. And so my guess is, we’ll know on the 7th of April whether this passes our representative assembly. If it does not pass representative assembly, I would assume that the Legislature still has that opportunity to proceed. [p. 29, 30]
The implication of Dr. Tenopir’s testimony is that the NSAA change from requiring 4 courses to 2 courses at an NSAA member school for an exempt school student to participate in NSAA activities at the NSAA member school is certain as of the 4/7/17 Representative Assembly vote, BUT in actuality, it turns out that the 10 hour – 2 course requirement is potentially in jeopardy through the 4/28/17 referendum vote (3 week delay) and through the 5/18/17 NSAA board ratification vote (another 3 week delay).
The April 28, 2017, referendum vote is between day 73 and day 74 of the 90 day legislative session. With only 17 legislative days remaining, it will be essentially impossible for the Education Committee to pass LB 58 out to General File, and the full legislature to then pass LB 58 through General File, Select File, and Final Reading.
The May 18, 2017, NSAA Board Ratification Vote is on day 85 of the 2017 90 day legislative session. With only 5 legislative days remaining, it will be even more impossible for the Education Committee to pass LB 58 out to General File, and the full legislature to then pass LB 58 through General File, Select File, and Final Reading.
Current Status: LB 58 is still in committee. Nothing has happened to it since the hearing.
Recommended Action: If you are a parent desiring for your child(ren) to participate in extracurricular activities in the public school, you may want to consider doing the following:
- Be happy with the new NSAA 10 hour requirement and hope that it makes it through the two remaining NSAA votes, OR
- Contact the senators on the Education Committee and
- Advise them that:
- the NSAA approval of their proposal changing from requiring 4 courses to 2 courses will not be officially approved until May 18, 2017, not April 7, 2017, as implied by NSAA Director Dr. Jim Tenopir at the 1/30/17 LB 58 hearing.
- with only 5 legislative days remaining on 5/18/17, it will be impossible for the Education Committee to pass LB 58 out to General File, and the full legislature to then pass LB 58 through General File, Select File, and Final Reading.
- Request that, in view of the NSAA delays, the Education Committee:
- Amend LB 58 to remove the 365 day delay language found in Section 1, subparagraph (2).
- Vote the amended LB 58 out of the Education Committee onto General File.
- Advise them that:
- Mike Groene, Chairperson, (402) 471-2729, firstname.lastname@example.org
- Laura Ebke, (402) 471-2711, email@example.com
- Steve Erdman, (402) 471-2616, firstname.lastname@example.org
- Rick Kolowski, (402) 471-2327, email@example.com
- Lou Ann Linehan, (402) 471-2885, firstname.lastname@example.org
- Adam Morfeld, (402) 471-2720, email@example.com
- Patty Pansing Brooks, (402) 471-2633, firstname.lastname@example.org
- Lynne Walz, (402) 471-2625, email@example.com
LB 155, Brasch, 16:
LB 155 would add a requirement that any student who graduates from a legal school, including an exempt homeschool, as a prerequisite to graduation shall have correctly answered at least seventy percent of the questions on the civics portion of the naturalization test used by the United States Bureau of Citizenship and Immigration Services.
Please see the LB 155 discussions in Status & Member Actions for Three Homeschool Bills and Three New Legislative Bills Affecting Home Education, and LB 155 URGENT UPDATE: Senator Brasch to remove exempt schools from LB 155 for details on LB 155.
The Education Committee hearing was held on April 20, 2107. The NCHEA testified at the hearing in order to show reasons for our support of Senator Senator Brasch’s AM656 that removes all schools other than the public schools from the requirements in the bill, and to encourage the Education Committee to adopt it as a committee amendment prior to placing LB 155 on General File for action by the full legislature.
Current Status: LB 155 is still in the Education Committee with no action having been taken since the hearing. It appears very unlikely that LB 155 will be voted out of the floor without first adopting AM656. If LB 155 were to reach the legislative floor without AM656, the NCHEA will send a Call to Action to our members to contact their senators to oppose the bill.
LB 118, Hilkemann, 4:
LB 118 is the Education Savings Account Act. The bill allows the parents of all legally operated schools in the state, including home schools, to setup a qualified account for educational expenses for their children.
Please see the LB 118 discussions in Status & Member Actions for Three Homeschool Bills and Three New Legislative Bills Affecting Home Education for details on LB 118.
Current Status: LB 118 is still in the Education Committee.
Recommended Action: If you find the tax savings in LB 118 to be attractive, you should consider contacting the senators on the Revenue Committee and urge them to vote LB 118 out of committee onto General File.
- Jim Smith, Chairperson, (402) 471-2730, firstname.lastname@example.org
- Lydia Brasch, (402) 471-2728, email@example.com
- Curt Friesen, (402) 471-2630, firstname.lastname@example.org
- Mike Groene, (402) 471-2729, email@example.com
- Burke Harr, (402) 471-2722, firstname.lastname@example.org
- Tyson Larson, (402) 471-2801, email@example.com
- Brett Lindstrom, (402) 471-2618, firstname.lastname@example.org
- Sen. Paul Schumacher, (402) 471-2715, email@example.com