SB412 on Senate Floor - Alert Was Sent

Tomorrow, March 6, SB412 will come to the floor of the Senate for a vote. The Senate convenes at 9 am and SB412 is ninth on a list of 24. We believe this bill was introduced by Senators Balfour, Boshears, and Ralston, in an effort to do something to aid homeschoolers facing a discriminatory college admissions policies in GA implemented by the Board of Regents. Unfortunately, in its progress through the legislative process (recall the sausage-making analogy) it has undergone a most unfortunate transformation. As it left the Senate Rules Committee, the bill essentially stated the following (this is a lay interpretation, but with some backing from distinguished legal authority):

1. No agency, except the BOR, may discriminate against homeschoolers for any purpose by asking more of them in terms of their academic program than is asked of public school graduates;
2. This bill doesn't apply to the requirements for HOPE scholarships.

It is HEIR's considered opinion that, as modified, this bill could very well give the Board of Regents license to do the very thing the bill was drafted to combat. For that reason, many of our members as well as numerous other homeschoolers emphatically oppose the bill. In fact, those who originally supported this bill, thinking it would addresss college admissions policies, are opposing it now in the final analysis because of potential grave consequences for homeschoolers. See a more detailed opinion and a copy of the bill at the end of this e-mail.

This is an urgent matter since the bill will come up for a vote tomorrow--probably about 1/3 of the way through the Senate agenda. Whatever your opinion, you should make it known to your Senator, and you should do it early in the day. You could also ask Sen. Boshears, (404) 656-0082), to pull the bill. Call or fax or email as soon as you can. Offices are usually open by 8:00-8:30.

You simply cannot overestimate the impact you may have.

Please act now.

Because SB 412 is directed at state administrative agencies, I thought it might make sense to get a second opinion on the bill from a highly respected state administrative law judge who also has extensive experience in legislative drafting. Ernest F. Schulzke, my father, is an appellate level administrative law judge for the State of California and a member of the bar in California and Oregon. While Ronald Reagan was California Governor, Dad served as the chief legislative aide to the California Senate Republican Caucus Chairman. Following his service in the legislature, for several years in the 1980s, he was the lead litigator for the California State attorneys' union. (Yes, even the attorneys have a union, in California.)

This morning, I asked Dad to take a look at SB 412 (the version set forth below this message), paying special attention to the issues of implied authority and the impact of the "general repealer." His initial reactions included the following:

"Wow! It [SB 412] not only implies agency authority to impose equal academic requirements on home schools, it assumes that the agencies have that authority. All you have to do is let some good lawyers loose on this thing. And the real kicker is the repealer. You can read almost anything to be in conflict with anything else. The statement that 'everybody knows what the repealer means' is highly irresponsible.

Now, before you say, "Oh, well, the opinion of some obscure judge in California has no impact, here, in Georgia," keep in mind that in 1946, when the Georgia Court of Appeals was trying to figure out the meaning of the "general repealer," the Court looked for enlightenment to the California courts, among others.

SB 412 is just as dangerous, today, as it was last Wednesday. In fact, it may be more dangerous because of the amendment (lines 22 - 25, below) added last Thursday.

SB 412

SECTION 1.
    
10  Chapter 1 of Title 50 of the Official Code of Georgia
11  Annotated, relating to general provisions relative to state
12  government, is amended by inserting at the end thereof the
13  following:
    
14    "50-1-7.
    
15    (a) As used in this Code section, the term 'state agency'
16    means a department, agency, board, commission, or
17    authority of the state.
    
18    (b) No state agency shall impose any greater
19    qualifications or requirements upon persons who have
20    attended a private school or completed a course of home
21    study than it does for persons who have completed an
22    accredited public or private high school, nor shall any
23    state agency impose upon such persons any greater academic
24    requirement for a particular academic grade, level, or
25    degree than those imposed by general law, for any
26    purposes, including purposes of employment and the
27    granting of benefits or entitlements.
    
28    (c) The provisions of this Code section shall not apply to
29    qualifications to receive a HOPE scholarship.
    
30    (d) Nothing in this Code section shall be construed to
31    limit the power of the Board of Regents to adopt and
32    enforce rules and regulations regarding admissions to any
33    institutions in the system."
                         
    
 1                           SECTION 2.
    
 2  All laws and parts of laws in conflict with this Act are
 3  repealed.