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Home Educators Association of Virginia (HEAV)

To: Home Educators of Virginia
From: Joe Guarino, Director of Government Affairs

Monday, February 23, 2004

LEGISLATIVE UPDATE: HIGH SCHOOL DIPLOMA BILL STILL ALIVE!

After a lengthy debate, supporters and opponents of HB 675, the Homeschool High 
School Diploma bill, were left wondering whether or not the bill reported out of 
the Senate Education and Health Committee on Thursday, February 19. After well 
over an hour of debate, the vote was tied 7 to 7. Then lawyers on the committee 
began arguing whether the tie meant the bill was dead or if it could be left on 
the docket. Following several minutes of vociferous discussion, they agreed to 
wait on a determination by the Clerk of the Senate. 

When the committee went on to other bills, those of us in support of the bill 
left the meeting not knowing the bill's disposition. Delegate Bell, the patron 
of the bill, Home School Legal Defense Association (HSLDA) Attorneys Chris 
Klicka and Scott Woodruff, HEAV Executive Director Yvonne Bunn, and I gathered 
in the hallway outside the meeting room to discuss what this all meant and what 
our next steps might be. 

While waiting, we gave interviews to several newspaper reporters watching the 
commotion. We also had time to talk with several homeschooling parents and their 
children who had attended the committee meeting. Then we heard some good news: 
Senator Bill Mims came out and told us that Senator Blevins, having voted no, 
agreed per the Senate rules to ask for a reconsideration of the vote. The 
committee agreed. Immediately, Senator Mims motioned for the bill to be passed 
by for the day. This means the bill stays on the docket and will be brought up 
for a vote again on Thursday, February 26. 

ACTION: 
Before the committee meeting, three senators who voted against our bill were 
undecided. During the meeting, their questions did not seem to indicate any 
hostility to the bill, yet they voted against it. One of the most dramatic votes 
came from Senator Lambert. He paused several seconds and sighed, "This is a hard 
one"; then he voted no.

The vote Thursday is critical. Before the next meeting, Thursday, February 26, 
these three senators MUST hear from you. Because they sit on a committee 
representing all the senators, you may call them, regardless of your senatorial 
district.

THE VOTE
One critical issue concerning passage of HB 675 was the unexpected 
absence of Senator Ed Houck on the Education Committee. He was absent from the 
Senate for a second day with a stomach virus. He had given me a verbal 
commitment to support the bill and already voted for it once in subcommittee on 
Friday, February 13. If everyone votes the same again, then Senator Houck's vote 
will allow the bill to be reported out of committee and be brought before the 
full Senate for a vote. By Thursday, Senator Houck should have returned to full 
health and to the committee. 

Since the tie vote was reconsidered and the bill was passed by until Thursday, 
February 26, the vote from the February 19, meeting is not officially recorded 
on the website. Here is how the committee voted: 
FOR—Potts, Quayle, Martin, Newman, Bolling, Ruff, Mims; 
AGAINST—Blevins, Saslaw, Lambert, Howell, Lucas, Edwards, Whipple.

THE DEBATE
Knowing both proponents and opponents to HB 675 desired to speak, 
Committee Chairman Senator Russ Potts opened the debate saying he would allow 20 
minutes of presentation by both sides. Delegate Rob Bell, the bill's patron, 
began by asking the committee members to look at the results of homeschooling, 
not the qualifications, which are discriminatory. He pointed out that 49 states 
have abandoned the baccalaureate degree as a threshold to homeschool, with 40 of 
them abandoning all qualifications.

Before anyone else could get up to speak, committee members commenced a barrage 
of questions. It soon became evident that each side would need more than 20 
minutes. While some questions from opponents were reasonable, they were the 
typical questions people ask when they know little about homeschooling.

Chris Klicka, senior counsel with HSLDA spoke next making a thorough 
presentation, replete with large graphs. One of several homeschool Boy Scouts 
attending the committee meeting assisted Chris with his presentation. He began 
by pointing out that the language in the homeschool statute was developed more 
than 20 years ago when no one knew the outcome of parents teaching their own 
children. Now we have comprehensive studies that show parents are doing very 
well with or without college degrees, and student test scores are exceeding 
those of their public school counterparts. Higher or lower state regulation has 
little affect on homeschool achievement--students in all states score above 
average.

Chris adeptly responded to the volley of questions tossed his way. One question, 
though, he deferred to his colleague from HSLDA, Scott Woodruff, who handles 
legal challenges in Virginia. It concerned the discriminatory nature of Option 4 
of the homeschool statute. Where were problems occurring and how often? Scott 
shared that roughly 15 different school divisions per year make arbitrary 
decisions that go beyond the scope of the law with respect to Option 4.

When I spoke next, my presentation focused on debunking a so-called "problem" 
the Virginia Education Association (VEA) said was occurring with homeschoolers 
re-entering public schools. According to the VEA, anecdotal evidence indicated 
homeschoolers were behind when entering public school. First, I stated that 
according to an informal survey of numerous public schools, very few 
homeschoolers are re-entering public school. And second, those who do are not 
bringing the overall SOL scores down in any one school, as alleged by the VEA. 
After our testimony concluded, a representative from the Virginia Home Education 
Association briefly stated that he agreed with our testimony and supported the 
bill.

When the opposition was given time to address the committee with their concerns, 
the Virginia Education Association (VEA) president reaffirmed what our opponents 
had been saying, "The homeschool statute has been working for the past 20 years, 
so why change it?" What she and other opponents failed to accept was that it 
does NOT work when inconsistent application of Option 4 occurs. We had already 
demonstrated with charts and studies that the educational background of the 
parents does not matter. Test scores of homeschooled students on standardized 
achievement tests are on average higher then public school student scores. 
Senators Bolling and Martin made comments reaffirming this as they questioned 
her.

One of the most compelling arguments for the bill came from a question Senator 
Mims posed. He offered a scenario where he was starting a new, private high 
school. He asked another speaker for the opposition, Secretary of Education 
Belle Wheelan, if it were legal for him to use teachers who had no college 
degree or state certification. She said it was legal (to the dismay of several 
committee members). He then asked why we were putting more restrictions on 
homeschoolers than on the larger private school sector. The secretary paused, 
did not address the question, and then went on to say the state only had the 
best interest of the students in mind. 

CONCERNS WITH THE BILL
Over the past few weeks, as the bill went through both 
chambers, four major concerns were voiced in opposition. Please feel free to 
mention these to the legislators as talking points in support of the bill.
…. …. …. …. …. 
CONCERN #1: The test scores of homeschooled students with both parents having 
high school diplomas are on average 20 points below students with both parents 
having baccalaureate degrees.

RESPONSE: While this statement is true, these lower scores still put homeschool 
students in the top third of all students. These lower scores are mostly 15 to 
19 percentile points higher than the average scores of public school students 
with teachers having baccalaureate degrees and certification. 

…. …. …. …. ….
CONCERN #2: If we allow parents with high school diplomas to 
teach their own children, how will we know how well they are doing?

RESPONSE: The Virginia Code has already been addressing this for 20 years. Under 
the homeschool statute, parents must have their children tested and submit the 
results to their local superintendent by August 1, of every year. If the scores 
fall below the fourth stanine or 23rd percentile, the child's education program 
may be put on probation for one year. If--after one year--the students scores 
have not improved, the parents must make other arrangements for the education of 
their child.

…. …. …. …. ….
CONCERN #3: How would high school graduates be able to teach a 
subject about which they know very little or in which they are weak?

RESPONSE: One of the goals of homeschooling is to create life-long 
learners--self-directed, self-motivated individuals. If a parent does not feel 
adequate to teach their high school student a subject like calculus or advanced 
biology, they have several options: (1) They can order an online course and 
manage their student's progress; (2) They can send him to a local school (public 
or private) for that one class; (3) They can have him participate in a local 
homeschool co-op; or (4) They can hire a tutor. Whatever the topic, parents 
can--and do--find ways for their student to learn difficult subjects.

…. …. …. …. ….
CONCERN #4: Homeschoolers re-entering public schools are not 
where they should be academically in various subjects, thus bringing the overall 
SOL scores for the school down.

RESPONSE: First, the opposition admits this information is purely anecdotal, and 
that no numbers have been gathered on this issue because it is not widespread. 
Second, even if a homeschooler were to return to a public school with poor 
scores, the overall SOL scores for that school certainly should not be affected 
that much by one set of low scores.


CHILD ABUSE PREVENTION AND TRAINING ACT PASSES HOUSE AND SENATE COMMITTEESSB 
584, the Senate version of the CAPTA bill patroned by Senator Bill Bolling, 
passed the House Health, Welfare, and Institutions Committee unanimously on 
Thursday. The bill will come up for a vote before the full House on Monday. 
Because this bill has not had one opponent so far, we are not asking for any 
action at this time, other than to keep it in your prayers.

HB 1135, the House version of the CAPTA bill patroned by Del. Bob McDonnell, 
passed the Senate Rehabilitation and Social Services Committee unanimously on 
Friday. The bill will come up for a vote before the full Senate on Tuesday. 
Because this bill has not had one opponent so far, we are not asking for any 
action at this time, other than to keep it in your prayers.