Showing posts with label 3a. Presumption of Guilt. Show all posts
Showing posts with label 3a. Presumption of Guilt. Show all posts

Tuesday, February 8, 2011

Frequently Asked Questions

What's the difference between "instruct" and "educate"?


There is a procedural difference between providing instruction to a child and requiring that the child demonstrate that he is educated. And this doesn't even address the violation of privacy involved in such demonstrations.


When parents are required to provide instruction to their children, this is similar to the requirements placed upon public and private school teachers. This is an input-based requirement.


On the other hand, when parents are required to demonstrate the outcome of that instruction, that the child has been educated to a particular level of academic achievement, this is inequitable. This would be an outcome-based requirement. Public and private school teachers are not required by law to guarantee any particular level of education, or outcome, from their students.


A parent or teacher can only do so much. They can provide instruction and guidance, but the outcome is not predictable. There are no guarantees. Many times the outcome exceeds expectation, but that's no reason to demand any particular outcome from another child. Often a child's mind lays dormant, processing the information. After a period of time needed to integrate his instruction, the child may demonstrate results that meet or even exceed expectation.


Forcing demonstrations of academic accomplishment before a child is ready can be very damaging to the child. Regardless of success or failure to meet arbitrary expectations, parents need to believe in their children and trust in the outcome, that eventually they will succeed. Similarly the state needs to believe in parents and assume they are good citizens acting in good faith and eventually they, too, will succeed.

If parents make it clear that they do not trust the efforts their children are making, the outcome is usually disastrous. Resentment and distrust will erode this parent-child relationship.


Similarly, presumptive distrust of the people undermines the legitimacy of the state, especially when the laws enacted are inequitable and discriminatory. Our legal system is based upon the presumption of innocence.


Why is notification such a big deal?


Notification may sound like a minor issue, especially compared to regulations, which require the maintenance of portfolios for two years and submission to annual evaluations. So, why then is notification such a big deal? Because, it’s a matter of equal treatment before the law.


Parents, who send their children to private schools, are not required to notify anyone in the public school about their decision. They can send their child to an out-of-state boarding school. No one needs to know. Their decision is private and no one doubts their good intentions upon making this decision.


If these parents are not required to notify to the public school about their decision and another group of parents is required, then the law is discriminatory.


If equal treatment before the law is no big deal, then perhaps notification is no big deal either. Fortunately, there are many parents for whom this is a very big deal!


Parents have absolutely no problem disclosing where their child is being instructed so long as the notification requirements are voluntary and equitable.


Parents should not be registered like sex offenders, parolees, or others member of society that cannot trusted to behave properly.


Parents are accountable to their families, their communities, their friends. They do not need to be accountable to the state.


Besides, every person in the state is a now mandatory reporter for abuse and neglect, so when there is a problem it will be reported.



How can legislators be certain that children will receive instruction from parents without oversight?


How can legislators be certain that children will be fed, clothed and cared for without oversight? Clearly, their education concerns are just one of many concerns for these children’s welfare.


Should parents be regulated because they might – hypothetically -- commit an offense? Extrapolate from these parents to all citizens: should citizens be regulated because on occasion some citizens – might -- neglect their duty?


“Innocent until proven guilty” is the presumption upon which our legal system is founded. Lawyers wouldn’t tolerate anything less; from the state law regulating “attorneys and counselors”:

"For the purposes of this section, a citizen shall be presumed to be of good character unless demonstrated otherwise." RSA 311:1

Aren’t parents citizens too? Legislators shouldn't judge parents based on stereotypes, assuming that children in bad neighborhoods won't have good parents. Instead they should make sure the school districts offer services to assist parents without the constant threat of punishment, which deters participation.


There’s a growing number of parents, who are instructing their children outside of schools. No one recruits parents for this task. It’s a grassroots movement. It’s quite similar to the Tea Party movement. Many parents become fed up with public schools, because they don’t address their child’s needs and won’t listen to their concerns. Parents reach their breaking point and leave the public schools. They roll up their sleeves to do the job themselves.


Unfortunately, in 1990 the NH legislature enacted an inequitable law, trampling the rights of parents. Some parents can tolerate more than others; many parents have gone underground to instruct their children. Inequitable laws cause citizens to go underground to protect their rights.


If legislators are truly concerned about children, then they should respect the rights of parents and encourage districts to assist these parents in an open and non-adversarial manner.


Why do NH parents prefer “parent-directed” programs instead of “home education” programs?


When the legislature enacts laws on the right to keep and bear arms, they don't elaborate upon what "gun owners" are allowed to do. They address what every individual citizen is allowed to do.


Similarly, there is no reason for parents to be marginalized into a sub-category of "home educators." It is better that the legislature considers the rights of all parents, not just an artificially created minority. Any parent at any time can exercise these rights.


It's also our hope to separate ourselves from our current inequitable "home education" law that was written by out-of-state lobbyists.


Besides, learning doesn't always happen in one particular location - in the home, or in the car, or at a museum. However, it does generally occur under the direction of a parent. Thus, the name, “parent-directed” learning. It's uniquely New Hampshire. No one else uses it.

Tuesday, January 26, 2010

It is wrong to conflate responsible home schooling parents with individual parents who might be irresponsible.

It is pretty incontrovertible that one should not demonize a whole group just because certain individuals from that group might do something wrong. Yet, for one reason or another, whether it’s fear, or ignorance, or the well-meaning intention of protecting children, people frequently support unwarranted restraint of a group based upon the potential abuse of these individual wrongdoers.

This type of action is morally wrong. It causes harm to both the individual members of the group and society as a whole. There are many who feel that collective blame is a necessary evil in society, since it might increase the likelihood of criminals being caught. However, the problems it causes outweigh any potential benefit.

It is wrong to criminalize somebody who is innocent and who has shown no evidence to the contrary simply because they are part of a certain group of potential wrongdoers. All individuals have an equal right to freedom. Legislation that conflates responsible parents with negligent individuals is overt, collective discipline and punishment. This attitude is harmful to many individuals.

Harm of this type, perpetrated by authorities such as governments and police, is insidious, because these organizations are supposed to be impartial and non-discriminatory. Collective punishment by those in positions of power is particularly problematic, as those groups of parents that suffer the most at the hands of authorities tend to be socio-economically less well off than the majority, and have less access to sources of power. Thus there is less they can do to protest against unfair treatment.

Not only is collective punishment problematic in a legal sense, but it can have a very negative personal influence on those involved. There are lasting, adverse effects on citizens. There is a significant toll on individuals’ emotional well being as well. This is, of course, the case with all forms of discrimination. Emotional harm manifests itself in a number of ways. Individuals discriminated against often internalize that discrimination. These individuals might start to take on the persona they are accused of, through alienation and resentment. It is wrong to implicate all parents, when the vast majority is entirely innocent. It is certainly alienating. It creates a ‘siege mentality.’ It’s wrong for any parent to have to suffer in such a manner.

Not only does collective punishment have harmful effects on individuals at the receiving end, but it’s detrimental to society as a whole. Creating an ‘us and them’ mentality does not lend itself to the maintenance of a pluralistic society. In an environment in which social integration has not always been smooth, the perceptions that entire groups are guilty of crime has very damaging effects. When society needs these people, they will stand aside feeling alienated from the community.

This issue is particularly problematic, since the problems that many parents face may be overlooked through a failure to see complexities and differences, and through ‘one size fits all’ policies. In order to create a society that ‘cherishes both unity and diversity,’ it is fundamental that every attempt be made, especially on the part of the institutions of government, to reject the concept of collective blame, and to pursue an approach where a criminal, or even a group of criminals are viewed as exceptions and not representatives of the group as a whole.

Wednesday, January 13, 2010

Restoring the "Presumption of Innocence"

HB 1580 would restore the "presumption of innocence" (of educational neglect) for all parents who instruct their children at home.

NH parents are tired of legislators and others presuming … without any evidence or due process of the law… that all parents are irresponsible.

On its face their presumption is illogical... as well as unconstitutional. A child wouldn't fall for their line: "Please be responsible, but don't ever expect us to treat you as such."

It's primarily the parent's duty to instruct his child, not the state's.

This bill would provide an option for parents instructing their children at home, which is safe from unprovoked attacks like HB 368. The old regulations under RSA 193-A will remain in place for those who prefer that option. Having two options will allow parents greater flexibility and liberty.

ANALYSIS

This bill establishes that parents have a natural, fundamental right to determine and direct the education of their children. The bill also exempts children who are receiving educational instruction from a parent from the compulsory attendance requirements.