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Congressional Research Service
Version 00 · Introduced in Senate · Sep 13, 2005
Home School Non-Discrimination Act of 2005 - Amends the Higher Education Act of 1965 (HEA) with respect to: (1) student aid eligibility of home-schooled students who have satisfied certain secondary education standards; and (2) institutional aid eligibility of the higher education institutions that such students attend.
Amends the Individuals with Disabilities Education Act (IDEA) to provide that, if a parent does not consent to an initial evaluation or special education or related services for a child with a disability, the local educational agency shall not be required to convene an individualized education program (IEP) meeting or develop an IEP for such child.
Amends the Internal Revenue Code with respect to qualified elementary and secondary education expenses (the Coverdell Education Savings Account) to include home schools if they are treated as a home school or private school under state law.
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Amends the Family Educational Rights and Privacy Act of 1974 to prohibit release of certain information on and educational records of students in nonpublic education, including any student educated at home or in a private school in accordance with state law, without written parental consent.
Amends HEA to include students at home schools, whether treated as a home school or a private school under state law, among those prospective secondary school graduates eligible to apply for the Robert C. Byrd Honors Scholarship Program for higher education.
Amends the Fair Labor Standards Act of 1938 to direct the Secretary of Labor to extend the hours and periods of permissible employment of employees between the ages of 14 and 16 years who are privately educated at a home school, whether the home school is treated as a home school or a private school under state law, beyond those hours and periods applicable to employees of such ages who are educated in traditional public schools. (Thus allows home-school students to be employed during the traditional school day.)
Amends specified federal law with respect to policies on recruitment and enlistment of home schooled students in the Armed Forces.
People & committees
Sen. Craig, Larry E. [R-ID] · R–ID
Legislative record
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Read twice and referred to the Committee on Finance.
Introduced in Senate
Primary sources
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Source last updated: Aug 15, 2025. Consult Congress.gov for the current record.
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