Virginia Homeschool | January 24, 2005 HEAV Legislative Update

Home Educators Association of Virginia (HEAV)

To: Home Educators of Virginia
From: Joe Guarino, director of government affairs
Date: Monday, January 24, 2005

2005 GENERAL ASSEMBLY UPDATE: THE NEW SESSION ROLLS INTO ACTION
HEAV has been advancing and protecting homeschoolers’ rights for 22 years, the longest of any homeschooling organization in Virginia. And this year is no exception. As the largest, oldest, and most representative homeschooling organization in Virginia, we count it a privilege to serve all homeschoolers through representation at Virginia’s General Assembly. With a full-time lobbyist and a legislative team with over 65 years of collective experience, we are again ready to present the best homeschooling face to our state legislators.

With more than 4,000 individual members and approximately 14,000 homeschooling families with whom we keep in touch on a regular basis—including 5,000 weekly—we bring the strongest and most diverse collection of homeschoolers to the bargaining table when dealing with our Virginia legislators.

Even so, you probably know families who don't know we protect their right to homeschool in Virginia. Ask your homeschooling friends. If you find someone who doesn’t know how we fight for their freedom to homeschool, ask them to get involved. They can go to www.heav.org and become a member to support the work we do on their behalf.

PARTIAL LISTING OF BILLS WE ARE MONITORING

HB 1731	NONPUBLIC SCHOOL STUDENTS; PARTICIPATION IN INTERSCHOLASTIC SPORTS
HB 1767	HOME INSTRUCTION; NOTIFICATION REGARDING EXAMINATIONS
HB 1770	TESTING OF STUDENTS RECEIVING HOME INSTRUCTION
HB 2040	CHICKEN POX VACCINE; IMMUNIZATION FOR CHILDREN
HB 2235	TETANUS VACCINE; IMMUNIZATION REQUIREMENTS FOR CHILDREN
HB 2297	CHARTER SCHOOL AND HOME SCHOOLED STUDENTS; PARTICIPATION IN INTERSCHOLASTIC ACTIVITIES
HB 2541	HOME INSTRUCTION TESTING DATES
HR 712	CONSTITUTIONAL AMENDMENT; PARENTAL RIGHT IS A FUNDAMENTAL RIGHT (FIRST RESOLUTION)
SB 713	PARENTAL LEAVE FOR SCHOOL INVOLVEMENT
SB 838	ABSENTEE BALLOTS; APPLICATIONS BY PERSONS WHO HOME SCHOOL OR CARE FOR PRE-SCHOOL CHILDREN IN HOME
SB 1290	COMPULSORY SCHOOL ATTENDANCE
	TAX CREDIT BILLS

HB 1731—NONPUBLIC SCHOOL STUDENTS; PARTICIPATION IN INTERSCHOLASTIC SPORTS
For years, homeschoolers have desired to play sports at the high school level but have not had all sports available to them through homeschool leagues. Therefore, many homeschoolers have sought to play on a public high school’s team. The quasi-governmental organization, which oversees rules and regulations for public high school sports, is the Virginia High School League (VHSL). It was founded in 1913 as a nonprofit corporation “to organize and govern interscholastic activities among the public high schools." This bill would direct them to provide an exception to its rules addressing enrollment and the eligibility of regular, bona fide students for participation in interscholastic activities. The exception would allow any nonpublic school student who is eligible for free tuition in a public school to play. It would limit participation, however, to the school in the district in which the student lives. For more on the bill, see
http://leg1.state.va.us/cgi-bin/legp504.exe?ses=051&typ=bil&val=hb1731.

When HEAV met with the patron at the start of the session, he shared that he was asked by a homeschooling father to sponsor this bill. This week, when the bill was heard in committee, an amendment was offered to narrow the scope to homeschool students only. Once this was accepted, it was then suggested and agreed to that the bill be rolled into another similar bill, HB 2297, being patroned by Del. Fralin.

We understand many homeschooling parents would like to enroll their children part-time in public schools for academic or extracurricular reasons. However, because it is HEAV’s purpose to encourage and promote home education, not access to public schools, we will remain neutral on this bill.

HB 1767—HOME INSTRUCTION; NOTIFICATION REGARDING EXAMINATIONS
This bill would direct local school boards to notify homeschoolers of the availability of Advanced Placement (AP) and Preliminary Scholastic Aptitude Test (PSAT) examinations and the availability of financial assistance to low-income and needy students to take these examinations. For more on this bill, see
http://leg1.state.va.us/cgi-bin/legp504.exe?ses=051&typ=bil&val=hb1767.

During the committee hearing, it was suggested that local school boards follow Loudoun County as a model; they already notify parents by posting the notice on their Web site. However, there is no guarantee the Loudoun County model will be followed statewide. Because of this, HEAV is concerned about privacy issues. If other school boards elect to notify in writing, who will have access to information about homeschoolers? Will the information include names, addresses, and ages of students? Will information filter down to local high schools? Could notification be delegated to local schools? At the present time, local superintendents are the only ones with a list of homeschoolers in their district, and they report only numbers to the state Department of Education.

HEAV has interceded on behalf of several families that have been denied access to the tests because school administrators have refused to allow homeschoolers on their campuses. We have addressed this issue directly with the College Board. They are appalled that homeschoolers are shut out of scholarship opportunities with the PSAT, but the College Board has no control over local administration of their tests. We would like to see language included that would limit the responsibility of notification to the local superintendent.

Introduced by the Organization of Virginia Homeschoolers (OVH), HEAV does not support this bill in its original form, but is proposing language that would maintain the privacy of homeschoolers. The bill was reported from the House Education Committee, 18-0. It passed the House, 94-0.

HB 1770—TESTING OF STUDENTS RECEIVING HOME INSTRUCTION
Two years ago, the General Assembly defunded the purchase of any more national norm-standardized tests considering that all public school students were taking the Standards of Learning tests. The question then arose as to whether that would limit the acceptable tests homeschoolers could take to meet their yearly testing requirement. This bill would require the Superintendent of Public Instruction to maintain a list of achievement tests that may be used to satisfy homeschoolers’ yearly testing requirement. For more on this bill, see
http://leg1.state.va.us/cgi-bin/legp504.exe?051+sum+HB1770.

HEAV has encountered very few testing challenges that have not been resolved satisfactorily at the local level. Not accepting a particular test has not been a widespread problem. Although local superintendents may try to require pre-approval of tests, we have not found this to be an issue for parents who send in test results without the “required” pre-approval. We are concerned this legislation is not addressing a widespread problem. While we prefer not to have a list that restricts choices, if we do have one, we would like it to be the most comprehensive list possible.

Anne Wescott of the Department of Education has asked HEAV to help develop a list of tests used most often by homeschoolers. The DOE stated they would like to make this as simple as possible for homeschoolers, i.e., they will make available a list of acceptable tests that may be used to satisfy the yearly testing requirement. They have ensured us it will include all the national norm-standardized tests homeschoolers have been using for years, and they will post it on their Web site similar to how they post the approved correspondence courses for Option 3. The bill passed out of the House Education Committee, 22-0. It will now be heard on the House floor. Introduced by OVH, HEAV will remain neutral on this bill.

HB 2040—CHICKEN POX VACCINE; IMMUNIZATION FOR CHILDREN
This bill would add the chicken pox vaccine to the list of required immunizations before a child enters the sixth grade. The law, however, would still allow for certain exemptions. For more on this bill, see
http://leg1.state.va.us/cgi-bin/legp504.exe?ses=051&typ=bil&val=hb2040. The bill has still not been heard in committee. HEAV will monitor this bill.

HB 2235—TETANUS VACCINE; IMMUNIZATION REQUIREMENTS FOR CHILDREN
This bill would add the tetanus vaccine to the list of required immunizations for a child at age 11 to 12 years if at least 5 years have elapsed since the last dose of tetanus vaccine. The law, however, would still allow for certain exemptions. For more on this bill, see http://leg1.state.va.us/cgi-bin/legp504.exe?ses=051&typ=bil&val=hb2235. The bill has still not been heard in committee. HEAV will monitor this bill.

HB 2297—CHARTER SCHOOL AND HOME SCHOOLED STUDENTS; PARTICIPATION IN INTERSCHOLASTIC ACTIVITIES
Refer to HB 1731 above for an initial explanation on this bill. This bill would also include charter school students. For more on the bill, see
http://leg1.state.va.us/cgi-bin/legp504.exe?051+sum+HB2297.

HEAV learned from the patron’s staff that a charter school in Roanoke pursued the delegate about the inability of its students to play sports on public school teams. The delegate then inquired of a homeschool group about their desire to enjoy the same possibility. He wrote his bill to include both groups.

We understand many homeschooling parents would like to enroll their children part-time in public schools for academic or extracurricular reasons. However, because it is HEAV’s purpose to encourage and promote home education, not access to public schools, we will remain neutral on this bill. It has still not been heard in committee.

HB 2541—HOME INSTRUCTION TESTING DATES
Over the years, discussions have ensued about the date when homeschoolers should notify their local school district of their intent to homeschool as well as when they should submit their test scores or evaluations. Last year, the patron’s wife, who homeschools their only daughter, requested a change in the date for submitting test scores. This bill would change the date when parents must submit their test scores or evaluations from August 1 to August 15. The law currently requires the notice of intent to provide home instruction to be submitted on August 15. For more on this bill, see
http://leg1.state.va.us/cgi-bin/legp504.exe?ses=051&typ=bil&val=hb2541.

Earlier this week, when the bill was heard in the House Education Committee, discussion ensued that different school districts begin their school year at different times. Therefore, the bill was amended to change the date from August 1 to “no later than two weeks before the beginning of the school year that follows.” In past years when the DOE had attempted this same change, HEAV made it clear that we thought this would make notification much more difficult because school districts have varying start dates. The patron, Chris Jones, did not intend to cause problems for homeschoolers and so decided to pull the bill from consideration.

HR 712—CONSTITUTIONAL AMENDMENT; PARENTAL RIGHT IS A FUNDAMENTAL RIGHT (FIRST RESOLUTION)
This resolution is asking the General Assembly to allow the People to amend the Virginia Constitution to include an article stating: “That the God-given right of parents to direct the upbringing and education of their children is a fundamental right, subject only to those same limitations as other fundamental rights.” This is based upon U.S. Supreme Court cases that have concluded that: “Parents have the fundamental right to direct the upbringing and education of their children.” For more on this resolution, see http://leg1.state.va.us/cgi-bin/legp504.exe?051+ful+HJ712.

To amend the Virginia Constitution, a resolution requesting the amendment must pass two consecutive sessions of the General Assembly with an election in between. If the resolution makes it this far, the People then get to vote on the amendment in the next regularly scheduled general election. If this resolution were successful, the People would vote on the amendment in November 2006.

While this resolution will certainly help homeschoolers, it does not effect home education per se. This resolution has still not been heard in committee.

SB 713—PARENTAL LEAVE FOR SCHOOL INVOLVEMENT
This bill would require employers to permit employees who are parents of school-aged children to take up to four hours of annual leave so they can attend a function at or otherwise be involved in the child's school. The employer and employee would have to agree mutually to the leave and that the leave need not be compensated. The employer may require both 48 hours' advance notice of the leave and written verification from the school of the employee's involvement in the school. For more on this bill, see http://leg1.state.va.us/cgi-bin/legp504.exe?051+sum+SB713.

The initial draft of this legislation does not mention “homeschool,” per se, though it does mention “nonpublic school.” While some may see this as beneficial to parents who would like to enjoy their children’s school-time activities, others have expressed concern that this would further regulate small businesses. This bill has not yet been heard in committee. HEAV will remain neutral on this bill.

SB 838—ABSENTEE BALLOTS; APPLICATIONS BY PERSONS WHO HOME SCHOOL OR CARE FOR PRE-SCHOOL CHILDREN IN HOME
This bill would add to the list of reasons for which a person may vote using an absentee ballot. It would expand the category of caregivers entitled to vote absentee to include people who are primarily and personally responsible for the care or schooling of one or more preschool or school-age children who are cared for at home or homeschooled. For more on this bill, see
http://leg1.state.va.us/cgi-bin/legp504.exe?ses=051&typ=bil&val=sb838. While this bill will certainly help homeschoolers, it does not effect home education. This bill has not yet been heard in committee.

SB 1290—COMPULSORY SCHOOL ATTENDANCE
This bill would change the date for beginning compulsory attendance at school from September 30 to July 31. Currently, compulsory school attendance is required for children who will have reached their fifth birthday on or before September 30 of any school year. The law, however, would still allow for certain exemptions. For more on this bill, see http://leg1.state.va.us/cgi-bin/legp504.exe?051+sum+SB1290.

In principle, HEAV does not believe the government should dictate when a child should begin his formal schooling. Therefore, we have historically opposed any bill that would lower the age of compulsory attendance. HEAV will oppose this bill. This bill has not yet been heard in committee.

TAX CREDIT BILLS
Several bills have been introduced to give parents a tax credit for educational expenses. While HEAV generally supports tax credits over vouchers, we are continuing to review these bills and discuss the implications with the patrons.

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HEAV—Serving the homeschoolers of Virginia through information, legislation, and resources since 1983! Be sure to sign up to receive the FREE Virginia Home Educator magazine at http://www.heav.org.

HEAV (Home Educators Association of Virginia)
2248-G Dabney Road
Richmond, VA 23230

Phone: 804-278-9200
Fax: 804-278-9202
Website: http://www.heav.org
E-mail: info@heav.org; for legislative matters, legislative@heav.org