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Senate Education Committee trims home‑education bill, removes warrant carve‑out and penalty language
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Summary
The committee adopted a committee amendment to HB 12‑68 that deletes provisions limiting agency entry/inspection and a penalty section. Lawmakers split (3–2), with debate centering on conflicts with family‑court processes, warrant execution and statutory overlap.
The Senate Education Committee voted to report House Bill 12‑68 as amended after removing language that would have restricted entry and inspection of homes used for home education and that would have added a new penalty provision.
The move came after a pointed round of questioning over language on page 3 (Roman numerals 6–7, lines 5–16) that one committee member warned "creates a carve out for basically families that are providing homeschool education" and "that's just gonna be problematic in the application of the warrants being executed in a law enforcement context." That speaker urged striking those lines and the associated penalty language; the committee adopted a package that also incorporated house amendment 16‑89 h as a committee amendment.
Why it matters: Committee members said the deleted language could conflict with existing law and family‑court practice and might impede law‑enforcement warrants in child‑safety investigations. Opponents of the deletions argued the bill seeks to clarify protections for home‑educated families and to preserve confidentiality of materials submitted to agencies without expanding blanket parental immunity.
What happened: The committee adopted the committee amendment after discussion and then voted the bill 'ought to pass with the committee amendment.' The transcript records the final roll calls for the amendment and the underlying motion; members recorded votes and several asked that senators carry bills out of committee for floor action. The chair indicated Senator Abbas would take the bill out.
Key lines from committee debate: Senator Alchiller said the bill "essentially prescribes curriculum for the college and university system" and that higher‑education institutions should develop their own curriculum, explaining he would not support the bill. Another member warned that reinstating a penalty section could conflict with a separate children‑and‑family law measure that addresses filing false reports.
Next steps: The committee advanced HB 12‑68 as amended for floor consideration; several members signaled continued concern about interactions with family law and law‑enforcement authority and suggested floor amendments if needed.
