HB 887 (Carter), passed overwhelmingly in the House of Representatives on Sunday.
LEAVE A MESSAGE FOR THE GOVERNOR TODAY [225-342-7015; (866)366-1121; (225)342-0991; or, (844)860-1413] AND ASK HIM TO PROTECT FAMILIES BY VETOING HB 887 (CARTER).
One of the amendments had been passed in the Senate and seemed designed to calm concerns about provisions in the bill which put parental authority and all families in jeopardy:
"No student shall be enrolled without the written consent of the student's parent or legal guardian."
THIS AMENDMENT PROTECTS NO ONE
We looked at the amendment in relation to the bill's definition of "at risk":
(b) Is in the eighth grade or below and is reading two or more grade levels below grade level as determined by any of the tests required pursuant to R.S. 17:24.4.
In the case of a child already receiving Special Ed. services: should a placement decision be made and the parent disagree, the parent will have to use a series of procedural safeguards (i.e., mediation, due process complaint, resolution meeting, or an impartial due process hearing, or file a state complaint) in order to try to stop the placement. This puts parents at a distinct disadvantage.
(c) Has a documented history of truancy. (a child is truant and the family is reported as a Family in Need of Services "after 5 unexcused absences and/or tardies in a semester)
R.S. 17:233 "shall be reported by visiting teachers and supervisors of child welfare and attendance to the family or juvenile court of the parish or city as a truant child, pursuant to the provisions of Chapter 2 of Title VII of the Louisiana Children's Code relative to families in need of services, there to be dealt with in such manner as the court may determine, either by placing the truant in a home or in a public or private institution where school may be provided for the child"
(d) Is in foster care pursuant to placement through the Department of Children and Family Services.
For a child in foster care, school placement decisions are made by the Dept. of Children and Family Services. Should the family be reunited (as is the goal of the Dept.), parents again will be at a disadvantage. To those familiar with concerns many have about our family courts, this is likely very frightening.
(e) Meets the criteria for a homeless student as defined in the federal McKinney-Vento Homeless Assistance Act.
If a child is identified as homeless, the school district can decide to place the child in Thrive Academy and against the wishes of the parent. The parent has the right to appeal the decision. If a family is truly homeless, they will definitely be at a disadvantage.
Since a child waiting for foster care placement is also considered homeless, the Dept. of Children and Family Services decides on placement.
f) Is referred by a teacher, counselor, or principal
While a parent can refuse this if they do not want their child at Thrive Academy, we can think of many scenarios in which a parent could be pressured into agreement.
Please, keep in mind that this bill does not specify public school students and does not exclude private or homeschool students.
We have additional concerns regarding the data collection and other intrusive programs throughout other state agencies which become activated in the case of children deemed to be "at risk." Unlike our examples above, these instances will also include children using Medicaid as their required healthcare provider.
LEAVE A MESSAGE FOR THE GOVERNOR TODAY [225-342-7015; (866)366-1121; (225)342-0991; or, (844)860-1413] AND ASK HIM TO PROTECT FAMILIES BY VETOING HB 887 (CARTER).
One of the amendments had been passed in the Senate and seemed designed to calm concerns about provisions in the bill which put parental authority and all families in jeopardy:
"No student shall be enrolled without the written consent of the student's parent or legal guardian."
THIS AMENDMENT PROTECTS NO ONE
We looked at the amendment in relation to the bill's definition of "at risk":
(b) Is in the eighth grade or below and is reading two or more grade levels below grade level as determined by any of the tests required pursuant to R.S. 17:24.4.
In the case of a child already receiving Special Ed. services: should a placement decision be made and the parent disagree, the parent will have to use a series of procedural safeguards (i.e., mediation, due process complaint, resolution meeting, or an impartial due process hearing, or file a state complaint) in order to try to stop the placement. This puts parents at a distinct disadvantage.
(c) Has a documented history of truancy. (a child is truant and the family is reported as a Family in Need of Services "after 5 unexcused absences and/or tardies in a semester)
R.S. 17:233 "shall be reported by visiting teachers and supervisors of child welfare and attendance to the family or juvenile court of the parish or city as a truant child, pursuant to the provisions of Chapter 2 of Title VII of the Louisiana Children's Code relative to families in need of services, there to be dealt with in such manner as the court may determine, either by placing the truant in a home or in a public or private institution where school may be provided for the child"
(d) Is in foster care pursuant to placement through the Department of Children and Family Services.
For a child in foster care, school placement decisions are made by the Dept. of Children and Family Services. Should the family be reunited (as is the goal of the Dept.), parents again will be at a disadvantage. To those familiar with concerns many have about our family courts, this is likely very frightening.
(e) Meets the criteria for a homeless student as defined in the federal McKinney-Vento Homeless Assistance Act.
If a child is identified as homeless, the school district can decide to place the child in Thrive Academy and against the wishes of the parent. The parent has the right to appeal the decision. If a family is truly homeless, they will definitely be at a disadvantage.
Since a child waiting for foster care placement is also considered homeless, the Dept. of Children and Family Services decides on placement.
f) Is referred by a teacher, counselor, or principal
While a parent can refuse this if they do not want their child at Thrive Academy, we can think of many scenarios in which a parent could be pressured into agreement.
Please, keep in mind that this bill does not specify public school students and does not exclude private or homeschool students.
We have additional concerns regarding the data collection and other intrusive programs throughout other state agencies which become activated in the case of children deemed to be "at risk." Unlike our examples above, these instances will also include children using Medicaid as their required healthcare provider.