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Getting to Know National Home Education Legal Defense

By Karen Braun

In 1989 Deborah Stevenson began an organization in her home state called Connecticut’s Citizens to Uphold the Right to Educate (CURE). Stevenson’s vision for CURE was to assist parents in their right to instruct their children at home without government interference. What began as a local group to assist Connecticut homeschoolers, however, has become a national organization with a vision for homeschoolers across the nation. In 2003, CURE became National Home Education Legal Defense (NHELD), but the vision remains the same: to keep federal and state regulation out of homeschooling and retain the freedom of parents to direct their children’s education.

Stevenson articulates the vision of NHELD this way: “We strongly support the original language and intent of the United States Constitution. We believe in the tenth amendment. Those powers not specifically enumerated in the Constitution as being granted to the federal government remain powers retained by the states and the people. The federal government constitutionally becomes involved in education by its constitutionally enumerated spending power. Because homeschool families do not receive any federal money or benefits, the federal government, constitutionally, has no authority to adopt any laws regulating homeschooling in any way, for the benefit of homeschoolers or to negatively regulate homeschooling. That is why we oppose any federal regulation. It is unconstitutional.”

NHELD believes that any federal legislation that involves education has the potential to limit homeschooling freedom, even when there are exemptions allowed for homeschooling in the law. Their website describes several ways in which federal legislation can impact homeschoolers. For example, a proposed bill could include an unfavorable or restrictive definition of homeschooling where there is no definition currently. (See www.nheld.com/keepfree.htm for additional information and examples.)

Regarding state law, NHELD does not believe in coming into a state and telling homeschoolers what the law should be. As firm believers in “states’ rights,” their goal is to educate and empower individuals in each state to speak confidently with their legislators on issues pertaining to homeschooling and to develop strategies for resolving controversies in their states.

The goal of NHELD is not to become a powerful lobby organization on behalf of homeschoolers but to empower individual homeschoolers to know the law for themselves and to take action. Consequently, NHELD does not retain a staff of attorneys responsible for individual states around the nation. Instead, as the need arises, NHELD prefers to use “in-house” attorneys residing in each state to provide legal representation for homeschoolers in their respective states. This is vital because each individual state has its own constitution and nuances in the law that make resolving issues different in each state. Ideally, those attorneys are also homeschool parents. dividual state has its own constitution and nuances in the law that make resolving issues different in each state. Ideally, those attorneys are also homeschool parents. NHELD is continually developing its network of attorneys to resolve homeschooling issues. Stevenson believes this is a much more effective approach because local attorneys know the laws in their respective states and will also be affected by the consequences of any legislation enacted.

Stevenson realizes that within the homeschool community and even among attorneys there are differing philosophies. She is hopeful that all interested parties would be able to set aside inconsequential differences for a common goal—freedom: “The goal is for all attorneys to work together in conjunction and cooperation with parents in each state, each contributing their ideas and strategies to ensure freedom for everyone.”

That is the approach Stevenson used in Connecticut with great success. In the early 1990s homeschoolers were facing more stringent homeschool regulations. CURE joined forces with other statewide organizations and disseminated information that motivated homeschoolers to action. Their campaign was effective. Legislation that would have made homeschooling more restrictive died in committee, and to this day homeschooling in Connecticut remains free from government intrusion.

Emboldened by their success and also by the desire to continue to educate homeschoolers on legal issues, Stevenson decided to return to school to study law. While continuing to homeschool her daughters, Samantha and Cassandra, she attended night classes at Quinnipiac University, often with the girls in tow. Stevenson graduated in 1999. She now works as an attorney specializing in education and appellate law and serves as executive director of NHELD. Stevenson is quick to point out that you don’t have to go to law school to influence legislation in your state and preserve your freedom. Motivated and informed homeschoolers can be a powerful influence in their communities.

NHELD offers an Action Plan on their website at www.nheld.com.

Every individual should always do three things in order to help preserve their freedom:

1. Keep informed. Read the statutes in your state that affect your parental rights; be sure to also read any state and local regulations and policies that affect your parental rights.

2. Know those who represent you. Get to know your state and federal legislators and their aides. Inform them about homeschooling and parental rights, and watch for the introduction of any new state and federal legislation.

3. Inform others. If one person can help shape the future, imagine what two can accomplish. There is strength in numbers: keep others in your family and community informed of events that may affect our freedom.

NHELD is a limited liability corporation and is not tax exempt. It is funded through memberships and private donations. Full membership is $100 and entitles you to all the services of NHELD. They also offer a $25 supporting membership.

Stevenson confidently believes that “Together we can remain free.”

Karen Braun is a Christian, wife, and homeschooling mother of six children. She is also the writer of the popular homeschool blog SpunkyHomeschool. Karen resides in a suburb of Detroit, Michigan.







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