Victory in Montana – February 14, 2005
As many know, the 2005 Legislative Session in Montana has been a unique challenge for homeschooling families. A bill that was introduced by Senator Don Ryan (D – Great Falls) was probably to biggest single threat and attack on a parents right to educate their children. (See bill text: http://data.opi.state.mt.us/bills/2005/billhtml/SB0291.htm )
For over a month the homeschool community prepared for the inevitable hearing. Though the bill was drafted and ready for a public hearing, it simply sat in committee for longer than normal. Had it not been for a mistaken date mentioned on a state-wide talk show (stated on-air for 02/07), it would have been unlikely that we would have been able to determine the exact date. Upon calling the committee secretary to confirm the date, we were told that the actual planned date was February 14th. That allowed us to have almost an extra week to make travel plans for speakers, and make sure families across the state were informed and ready to travel to Helena.
Valentine’s Day – 2005
For homeschooling families across the state, February 14th was a VERY busy day. Many arrived the night before so that they would not have to travel early on the day of the hearing.
Pre-Hearing Meeting – 10:30AM Hannaford Baptist Church
Hundreds of people attended a planning meeting before the 3PM hearing. After a welcome and opening prayer, Mr. Dee Black of HSLDA spoke to those present. Steve White then gave a history of our laws in Montana, a description of the process and the strategy for the hearing. The church was filled to overflowing. There were extra rooms provided with TVs and sound. Hannaford Church was extremely generous with the remodeled facility. Also, labels were passed out to everyone to stick to their shirts/sweaters for the upcoming hearing. Everything was finished up by noon. Even though it was lunch time, many headed directly to the Capitol.
The Hearing on SB291
Even by noon there were many people already milling around the Capitol. Many were checking out the Senate and House galleries. But most were gathering in the hearing room – even though the hearing was over 2 hours away !
As the clock ticked, more and more and more homeschooling families arrived. Over 1200 labels had been passed out, and all were gone by 2PM. As folks entered the hearing room, they stopped to sign the hearing sign-in sheet. But, because of the size of crowd, the line took forever. More sheets and clipboards were made available. And those sheets were taken to other areas in the Capitol to help folks sign into record the position on the bill. By the time the hearing began, over 1100 people had signed the sheets. This was double those that signed in in 2003.
As the hearing time got closer, the chairs began to disappear. The room filled fast. The gallery was filling faster. They all the seats were gone before 2PM. Capitol security came into the room to inform us that they would not permit people blocking the passageways.
The Capitol staff immediately begin setting up TVs in multiple places in the Capitol so that people could view the hearing from outside the hearing room. TVs were placed on all levels of the building. It ended up being nearly standing room only on all floors. And on the main floor where the Governor’s office is, people were down each of the East and West halls. On the 3rd floor (hearing room floor), people were down all the halls. Never in the history of hearings in the Capitol were so many people on hand to attend and listen to a hearing.
At 3:15PM the hearing on SB291 was called to order. Senator Ryan introduced the bill and gave a 35 minute introduction. In his opening he read the notes that he had received from people in favor of the bill. Many of these emails were the result of his request for material to help his argument.
After he finished, Vice-Chair Gillan (D – Billings) asked for proponents. There were 5 proponents, including School Administrators of Montana representative Darrel Rud and Flathead County Superintendent Donna Maddox. This was different that the testing bill heard in 2003, where there were no proponents.
After all the proponents finished, it was the opponents of SB291’s turn to present their case. Testimony began with MCHE Legislative Liaison Steve White. After explaining the history of the formation of Montana’s homeschool laws and how SB291 conflicts with existing statutes, Steve also read a letter from MCHE board member Mark Roedel who is presently serving in Iraq. Mark’s letter stated his opposition to SB291, and further stated that while he was in Iraq working to protect his country, he would rather be in Montana to protect his family from attacks against their homeschool.
Next Steve introduced Evanglina Duke, who was home educated and is currently Miss Montana. Miss Duke briefly told the committee of her wonderful experiences growing up in a homeschool environment and how well her mother did as her teacher. Next, Senator Bob Keenan presented a short testimony in opposition to SB291 and also stated that Senator Ryan had violated rules when sending a memo statewide requesting proof that homeschooling was ‘educational neglect’.
After Senator Keenan, Dee Black of HSLDA discussed the legal problems of SB291. Following Mr. Black, Dr. Brian Ray of NHERI presented information regarding the problems with SB291 regarding the testing of homeschool students.
Probably the most intense part of the hearing was to listen to the passionate testimony of a homeschooling mother from a small community South of Great Falls. In news articles prior to the hearing, Senator Ryan had been quoted "He also shared the story of a young woman in Ulm who had tried to enter nursing school after being home schooled. Her academic skills were below people of her age and, as a result, she didn't get into the school." (Bozeman Daily Chronicle 02/13/2005). Senator Ryan also used this example in his opening testimony for SB291.
But, attending the hearing was the mother of the student, who testified that it was her daughter that the Senator had been referring to. She then proceeded to explain to the committee "the rest of the story". Her daughter had been born with Cerebral Palsey and was also deaf. The mother had been told that there it was unlikely that her daughter would ever be able to read. She decided to homeschool her daughter, whose dream was to become a nurse. Though she had some problems entering into nursing school, she is now a second year student. Though, upset about the misrepresentation of her family - this mother relished the opportunity to tell the committee of how proud she was of her child who overcame so many difficulties in life. Another excellent example of the successes of home education.
The line of people wanting to testify quickly grew longer. The committee planned to allow 1.5 hours of oral testimony.
When the time expired, Senator Gillan asked that people with typed testimony could come forward and state their name and hand in their testimony to the secretary. After 10 minutes it was apparent that this would take a long time. So, Senator Gillan asked that people simply file in and past the mike and hand their testimony to the secretary. After 10 minutes, it again appeared that it would take a long time, so Senator Gillan asked people to use the outside hall and hand their testimony to a page. Needless to say, there was a lot of testimony to collect. Each person had 12 copies prepared.
Immediately, Senator Elliot discussed the ‘tabling’ of the bill. But, then was reminded that Senator Ryan had yet to close. Senator Ryan was asked to close. After a 10 minute closing argument, Senator Elliot made a formal motion to table the bill. (That simply means - kill the bill). The committee immediately voted 10-1 to table SB291.
Since all those in the Capitol were watching the proceeding on close circuit TVs, the solitude of the entire building was gone. Cheers and tears erupted on all four floors of the Capitol at the same time – including the hearing room 303.
What had happened was total history. It is rare that the committee does action on a bill on the same day as the hearing. Typically the hearing is closed, and then the committee meets days later to consider the bill. This was also one of the few times that no questions asked of witnesses.
For any committee to table a bill, effectively kills that bill. It is very unusual to table the bill of the chairman of the committee.
At any rate, SB291 was killed in front of 1500-2000 people that had driven to Helena from all over the state. Many had take valuable time from their jobs and businesses. Many had to stay with friends and in motels. But all agreed that this was worth it. There were few dry eyes in the Capitol that afternoon. For over 2 hours, everyone was glued to the action in Room 303.
And when it ended, there was tremendous joy and relief. And for another hour, most stayed in the capitol building to meet other homeschooling families and visit with old friends.
It was a victory that many will never forget.
And it is important that many do not forget. Too often we enjoy times like this and future generations fail to remember these exciting events in our lives.
This short history, serves as an example of the difference people can make when they become involved by writing letters and/or come to Helena to speak for or against an issue. For the kids, this was a real civics lesson – as well as for the adults.
This was a tremendous day of encouragement. God richly blessed Montana homeschooling parents. And for those of us that have been involved in Montana politics for many years, this is something so incredible it will never be forgotten.
To imagine over 1000 people, marching to the same drumbeat – the love of our families and desire to raise and educate them – it was truly a day that only God could have designed.
And as I personally reflect on the events of February 14, 2005, I consider the fact that God allowed this hearing and event to be held on a holiday that we created called Valentine Day. And then to demonstrate on a day denoted with a heart (as was printed on the stickem’s), his love for our families and our children by allowing us to experience a victory of this magnitude it totally humbling.
I personally give God the credit for all that took place, and thank Him for allowing us to become instruments for a much bigger purpose – raising the next generation.
Steve White
MCHE, Legislative Liaison
To order a VCR tape of the 291 hearing (professional with 3-camera shoot):
Call: 1-406-444-0626
Leave a message asking for a tape on SB291. Include your name and shipping address. An invoice will be included with the tape for $12.00 ($10 + $2 shipping)
Read a couple of excellent editorials on SB291:
http//www.bozemandailychronicle.com/articles/2005/02/18/opinions/hall.txt
http//www.missoulian.com/articles/2005/02/15/opinion/opinion3.txt