Updated 4/26/22:
Thank you for your quick action today which made a difference.
We also owe our thanks to Representative Tim Geitner and Representative Stephanie Luck who took the lead to respond to our concerns and to work with the sponsors of the school finance bill to revise the language and to move it out of the homeschool law and to the school funding section of the Colorado code where it more logically belongs. We also appreciate the House Majority Leader Mclluskey and education committee Chair McGouohlin who were responsive to these concerns and helped to insure that these concerns were addressed.
The house adopted Rep Geitners amendment which addresses the concerns. We will continue to analyze the amendment and if needed will take further action to preserve homeschooling freedom. Thank you for your support and to our friends at HSLDA with who spearheaded today’s efforts.
Being able to move quickly and marshal our community is an important part of defending our freedom. This would not be possible without HSLDA and your support. If you are not a member of HSLDA please join today and consider joining our Homeschool Freedom Team.
Updated 4/26/22:
Immediate Action in Colorado House, from the Home School Legal Defense Association:
Dear HSLDA Members and Friends,
HB 22-1390 is the school finance bill that was secretively amended in the House Education
Committee to make unnecessary and confusing policy changes to the homeschool statute. We
need you to take immediate action and contact your representative to tell them to pull this
language out of the bill. Please call and email your representative right now and tell them to
vote to preserve the homeschool law and support the Geitner Amendment.
Sincerely,
Michael Donnelly
Updated 12/16/21:
Thank you to all those who heeded the call to action and wrote emails and/or attended the Colorado Board of Health (BOH) meeting on December 15th.
The BOH passed the proposed rules without our suggested amendment. However, the president of the board recognized our concerns and asked the Colorado Department of Public Health & Environment (CDPHE) in conjunction with the Colorado Department of Education (CDE) to write guidance clarifying the implementation of the rules for school administrations. We are hopeful that we can be involved in the development of these guidelines.
In the meantime, make sure you and your friends know the homeschool law and do not allow any school administrators to violate it! Though the executive branch (and its departments and agencies) has the responsibility of enforcing the law, it is the laws passed by the legislature that they must follow. We must stay vigilant and watchful in order to keep our homeschooling freedoms. Thank you for joining us in doing just that!
HSLDA has been a huge help during this process. If you’re not already a member, please consider joining them.
We are continuing to pray for God’s faithfulness as we look toward the next legislative session. If you want to join us in prayer, please consider signing up for Carolyn’s weekly prayer email which includes bill summaries and action items.
Carolyn Martin, CHEC Director of Government Relations
Stephen Craig, CHEC Executive Director
Updated 12/8/21:
CALL TO ACTION: Attend the virtual BOH Meeting on Wednesday, December 15th!
Thank you to those who have responded to our call to action last week and emailed the Colorado Board of Health (BOH) regarding their proposed rules (6 CCR 1009-2). If you haven’t emailed yet, there is still time. See this blog post for more information and follow the links.
Despite our efforts, the Colorado Department of Public Health & Environment (CDPHE) has not sufficiently changed their proposed rules to address our concerns. Which means, we need to ask you to take the next step and sign up to testify at the BOH hearing and ask them to either change the rules or vote no. The hearing is being held remotely via Zoom on Wednesday, December 15th. They are limiting testimony to 60 minutes and each speaker will only be allowed 2 minutes to speak. They can have up to 1,000 people in attendance.
- Sign up to testify here. Use the same talking points from your email. If people speaking before you have already said what you wanted to say, all you need to say is that you support what others have said.
- Register to attend the meeting here. Let’s fill the place up! (If it fills up, you can watch the meeting on their YouTube channel.)
- View the proposed rules the BOH will be voting on here.
- View the BOH meeting agenda here. Note: The rulemaking hearing we are concerned about is the last item on the agenda. The meeting begins at 10 AM.
Thank you for your advocacy in support of homeschooling freedom in Colorado!
Carolyn Martin, CHEC Director of Government Relations
Stephen Craig, CHEC Executive Director
Updated 12/1/21:
During the legislative session of 2020, homeschoolers fought to ensure our families were not required to adhere to the new submission requirements for vaccine records. We merely wanted to be left alone. Thankfully, God provided us with an opportunity to amend the bill (SB20-163 School Entry Immunization) to do just that!
But, now the Colorado Department of Public Health & Environment (CDPHE) is revising their rules regarding vaccine records for homeschoolers and we are concerned.
Carolyn Martin, Director of Government Relations for CHEC, and Mike Donnelly, Senior Counsel for HSLDA, have asked CDPHE several times to not only improve the clarity and accuracy of their rules, but to align them with the new law. We believe the current proposal is ambiguous and subject to harmful interpretation. We recently shared our concerns with several policy directors within CDPHE. While they will take our concerns under advisement, we do not know if the rules will be changed to address them.
Time is running out! We need all homeschoolers to take action!
The Colorado Board of Health (BOH) will be meeting virtually on Wednesday, December 15th at 10:00 AM to vote on the proposed rules.
We are asking you to submit written comments BEFORE the deadline on December 9th at 5:00 PM to cdphe.bohrequests@state.co.us.
In your comments:
- In your own words, include our main concern: The proposed rules could be misconstrued to give school district superintendents the authority to ask for CDPHE official immunization records from homeschool families.
- Include any other concerns you have.
- Ask the BOH to adopt the below revision to their rules.
- Note: HSLDA has set up a convenient program to submit a public comment here.
Current proposed rules can be found here.
For more information, see the legislative update blog post.
Depending on the version of the rules they publish prior to the BOH meeting, further action may be required. An update will be emailed next week! Stay tuned!
Thank you for your advocacy in support of homeschooling freedom in Colorado!
Carolyn Martin, CHEC Director of Government Relations
Stephen Craig, CHEC Executive Director
HSLDA and CHEC have made the following suggestions to insure clarity and accuracy:
D. Nonpublic Home-based Educational Programs
- Immunization records for students participating in a nonpublic home-based educational program consist of either a student’s immunization records or a statement signed by a parent or legal guardian that the student is exempt from immunization and may only be requested by a school district in accordance with section 22-33-104.5(3)(g).
- Students participating in a nonpublic home-based educational program will submit a CDPHE non-medical or medical exemption or immunization records when requested by a school district, institute charter school, or private school which the student attends for a portion of the school day.
- An independent school organized pursuant to section 22-33-104(2)(b) where students are enrolled but do not attend is entitled to only:
a. A student’s immunization records, as provided by the parent or legal guardian, or
b. A statement signed by a parent or legal guardian that the student is exempt from immunization.
The Passing of SB20-163 in June 2020:
In literally the last hours of the 2020 legislative session, the immunization bill that CHEC has been fighting since February (SB20-163 School Entry Immunization — see below for full history) was amended to exclude homeschoolers from the burdensome new requirements for obtaining immunization exemptions. Click here to read CHEC’s analysis of the full impact of SB20-163.
For more information on this exciting development, including additional legal guidance, read this post by HSLDA.
This is a major victory for homeschool freedom in Colorado and we give God the glory and praise for turning the hearts of our legislators in our favor! God continues to preserve homeschooling as an island of freedom!
Oh, taste and see that the LORD is good! Blessed is the man who takes refuge in him! (Psalm 34:8)
We want to thank all of you who testified at hearings, made phone calls, and sent emails to legislators related to this bill. You made your presence felt at the Capitol and it made a difference!
We are so grateful for Mike Donnelly and HSLDA for championing our cause throughout this fight. Mike’s legal advice and effort on our behalf throughout the battle was invaluable, and his role in crafting the homeschool exemption amendment language was key to this victory. The CHEC/HSLDA coalition combined the legal expertise, boots-on-the-ground lobbying effort, and grassroots connections that were vital in this significant “win” for homeschool freedom. We strongly encourage ALL homeschool families to support what HSLDA does on behalf of Colorado homeschool freedom by becoming a member today!
There is a small yet courageous band of pro-homeschooling Colorado legislators at the Capitol who were instrumental in getting the homeschool exemption amendment pushed through. CHEC is deeply grateful to each one of them, and we would encourage you to send them notes of thanks and encouragement for their valiant efforts on our behalf.
- Senator Paul Lundeen (paul.lundeen.senate@state.co.us) who worked to get an amendment in the Senate and finally got it done on the conference committee.
- Representative Dave Williams (dave.williams.house@state.co.us) for working on the homeschool amendment in the House, fighting on the floor, and serving on the conference committee.
- Representative Lori Saine (lori.saine.house@state.co.us), a homeschool mom, thank her for bringing the homeschool amendment in the House during the floor debate and for trying to get it brought up again before the vote in the House.
- Representatives Mark Baisley (mark.baisley.house@state.co.us), Tim Geitner (tim.geitner.house@state.co.us), Patrick Neville (patrick.neville.house@state.co.us), and Kim Ransom (kim.ransom.house@state.co.us) for their tireless work on our behalf.
During the last few days of the fight, I had the privilege of standing by Carolyn Martin (CHEC Homeschool Legislative Liaison) at the Capitol, and I got another glimpse of the amazing work that she does year-round as she fights for homeschool freedom, parental rights, and religious liberty. Her skill at understanding, navigating, and guiding legislators and the legislative process make her an invaluable asset to CHEC and the homeschoolers of Colorado. But the things that impress me the most about Carolyn are her commitment to prayer and her strong faith in the sovereignty of God and His control over all that happens at the Capitol, even when things appear to be very dark. If you’d like to join me in expressing gratitude to Carolyn, you can send a note to the CHEC office by regular mail or to her email at carolyn@chec.org.
Although we celebrate a major victory today with the homeschool exemption, CHEC continues to oppose SB20-163 because we believe that it imposes unreasonable burdens on the rights of parents to make appropriate medical decisions for their children without government interference. The bill is headed to the governor’s desk for signature and we encourage you to email him to let him know that you believe this is still a very bad law and ask him to veto it! (governorpolis@state.co.us)
We know that many legislative battles are still ahead, and CHEC needs your prayers and financial support to continue the fight for homeschool freedom! Please consider donating to CHEC’s Homeschool Freedom Fund today to help us keep homeschool freedom strong in Colorado.
More Information & History of SB20-163
CHEC and the Home School Legal Defense Association (HSLDA) oppose Senate Bill 20-163 School Entry Immunization for violating parental rights. In short, SB 20-163 would:
- new requirements make it harder to obtain immunization exemptions (does not apply to homeschooling families — see below)
- enable a state database to track individuals who delay or do not vaccinate (immunization and now exemption data will be put into the database by your doctor; make sure you tell your doctor you want to opt-out and go here for more information)
- threaten religious liberty by renaming the conscience exemptions (personal and religious belief) to “nonmedical exemptions”
- give more control over immunization exemptions to a state department (the CDPHE) that has had a history of being unfriendly to immunization exemptions
In literally the last hours of the session, the immunization bill (SB20-163 School Entry Immunization) was been AMENDED SUCCESSFULLY to exclude:
- Families who home educate following the home-based education law (& submit an NOI), and
- Families who home educate following the non-public school law (under the umbrella of an independent, parochial, or private school).
These families will NOT be required to meet the new requirements but rather keep a record of a statement that the child is exempt from immunization. (Families who participate in a public school must follow the new requirements.)
Further reading:
- HSLDA’s background of the final bill and legal guidance
- Full proposed bill, SB20-163 (look for the version of the bill dated 6/13/20)
- CHEC’s guide for engaging with the legislative process
Please note: Although CHEC neither encourages nor discourages parents from immunizing their children, we oppose all attempts by the state to interfere with parents deciding what is best for their children, especially when the state seeks to require burdensome paperwork or create databases to track its citizens.
- 2/11/20: SB20-163 School Entry Immunization was introduced in the Senate.
- 2/19/20: The hearing in the Senate Health & Human Services committee began around 10am and went until Thursday, February 20th around 1:30am. Although all the committee members were concerned about many aspects of the bill, it passed through the committee on a party-line vote of 3-2. CHEC continued working with Senators to amend the bill to clearly exclude homeschoolers.
- 2/25/20: The bill was heard in the Senate Appropriations Committee; this committee only looks at the fiscal note and determines if it is something they want to fund. No testimony was taken. It passed on a party-line vote.
- 2/28/20: Debated on the Senate floor and passed with amendments on third reading with a vote of 20 to 14 (with 1 excused). Senator Priola was the only Republican Senator voting for this bill.
- 3/14/20: The SB20-163 School Entry Immunization bill was scheduled to be heard in the House Health and Insurance Committee on Wednesday, March 18th upon adjournment. However, due to Governor Polis’ declaration of a health emergency for the state of Colorado, the legislature made the decision to recess the Colorado general assembly. All bills, including SB20-163, that have not completed the process through the legislature were put on hold until they returned on May 26th.
- 6/7/20: During COVID-19 restrictions in the Capitol and protestors on the grounds, the House Health & Insurance Committee held a hearing on a Sunday. Testimony was severely limited. No amendments were made to fix the homeschool problem. The bill passed on a party-line vote of 7 to 4.
- 6/8/20: The House revives HB20-1297 Immunization Status & Child Abuse Neglect hoping to use it as a vehicle to exclude homeschoolers from the newly required immunization record requirements laid out in SB20-163.
- 6/9/20: The House amended the bill to include a petition clause.
- 6/10/20: The bill passed the House and moved to the Senate.
- 6/11/20: CHEC & HSLDA put out a call to ask the Senate to bring HB20-1297 to committee and amend it. Within hours, the bill was assigned to committee and scheduled to be heard the next day.
- 6/12/20: An amendment was attempted for HB20-1297, which would have excluded homeschoolers from SB20-163. HB20-1297 (a good bill) was passed successfully by the Senate State, Veterans, & Military Affairs Committee but did not include the amendment for homeschoolers.
- 6/13/20: The Senate rejected the House amendment to SB20-163 and called for a conference committee to reconcile their differences. The conference committee unanimously amended the bill to exclude homeschoolers. The newly amended bill passed both the House and Senate. The bill is now on its way to the governor for his signature before it becomes law.