This bill can only encourage discrimination, prejudice, and suspicion towards parents merely because they exercise their constitutional right to homeschool their children. Should S4589/A5796 be implemented, the exact requirement must be imposed on all government school students and parents as well. That is the equitable thing to do.

The details of the bill are astonishingly problematic as well. The bill does not define what a general health and wellness check is. Nor does any New Jersey statute or regulation define it. 

So, what is a health and wellness check? An independent source describes it like this:

“A wellness check, often known as a wellness exam, is a preventive service that focuses on maintaining your current state of health and preventing future health issues. It's different from a regular medical appointment with your primary care doctor, which typically addresses specific health concerns or symptoms. During a wellness check, a healthcare provider, usually a primary care physician (PCP), reviews your general health status. This includes a physical exam, discussions about lifestyle and behavioral factors, family history, and potential risk factors for diseases.”

With such troubling vagueness in the bill, we would expect a massive variation in how the “general health and wellness check” is administered locally. The law provides no guidance on how it should be implemented, so officials will flounder, create their own policies and rules, and essentially do as they please. We would also expect them to want to question homeschooled children separately from their parents. 

This is simply outrageous, not to mention a massive invasion of privacy. Health information is confidential. S4589/A5796 violates federal HIPAA laws. School officials do not have a free pass to feast their eyes on my family’s private health information.

This bill, with its assumptions, clearly violates and denies homeschool parents due process protections under the 14th Amendment.

Finally, if this bill becomes law, there would likely be a demand that homeschoolers register annually, and we would expect additional laws to be enacted setting up punishment for those who don’t comply.