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Home Educators Association of Virginia (HEAV)

To: Home Educators of Virginia
From: Joe Guarino, director of government affairs
Date: Monday, February 21, 2005

2005 GENERAL ASSEMBLY UPDATE: Testing Freedom in Jeopardy!

A few days ago, we had reported that HB 1770, the Homeschool Testing Bill patroned by Del. James Dillard (R-Fairfax), would be going into a conference committee to work out the differences between the House of Delegates and the Senate versions. This bill passed the House 98-0. The Senate amended the bill with language HEAV and HSLDA worked on allowing homeschoolers to take “any nationally normed standardized achievement test.” This was a very favorable amendment. The Virginia Education Association (VEA), however, objected to the fact there was no oversight by the State Superintendent. It passed the Senate 40-0. Then, at the request of the patron Del. Dillard, the House rejected the Senate amendments.

The Organization of Virginia Homeschoolers initially asked Del. Dillard to carry this bill. On Friday, we obtained a copy of the new language the Conference Committee will consider. With the new language in caps, it says:

"C. The parent who elects to provide home instruction shall provide the division superintendent by August 1 following the school year in which the child has received home instruction with either (i) evidence that the child has attained a composite score in or above the fourth stanine on ANY NATIONALLY NORMED STANDARDIZED ACHIEVEMENT TEST THAT HAS BEEN APPROVED BY THE SUPERINTENDENT OF PUBLIC INSTRUCTION or (ii) an evaluation or assessment which that, in the judgment of the division superintendent, indicates that the child is achieving an adequate level of educational growth and progress. THE SUPERINTENDENT OF PUBLIC INSTRUCTION SHALL MAINTAIN A LIST OF ACHIEVEMENT TESTS THAT SATISFY THE REQUIREMENTS OF CLAUSE (I) OF THIS SUBSECTION."

HEAV opposes the clause under (i): "THAT HAS BEEN APPROVED BY THE SUPERINTENDENT OF PUBLIC INSTRUCTION." Early in the session we requested this language be changed.

We oppose the Superintendent's approval of the tests for three reasons:

(1) Historically, option (i) allows homeschooling parents to use tests that have been approved for use in public schools, e.g., CTBS, Iowa, Stanford 9, etc.**

Although schools are no longer required to offer free testing to homeschoolers, under option (i) parents are still able to choose a suitable standardized test for their student and use the 23rd percentile cutoff score. A list "approved by the Superintendent of Public Instruction" could limit a parent's choice to one or two tests.

The Senate's amendment is better as it allows the fourth stanine (23rd percentile) on "ANY nationally normed standardized achievement test." This language will give parents the right to choose the most appropriate test for their child from a list of widely accepted standardized tests.

(2) No parameters are set for the Superintendent to choose or reject a test. He would be granted unlimited authority in selecting the number of acceptable tests and the types of tests. Regardless of how benevolent a superintendent may be today, we have no assurance of future superintendents' decisions.

(3) At least six other states allow homeschoolers to take ANY national norm-standardized achievement test: New Hampshire, South Dakota, North Carolina, Colorado, Florida, and Hawaii. According to the Home School Legal Defense Association, no problems have arisen in these states with testing freedom. NONE of them give the authority to approve these tests to a superintendent. Virginia should NOT be the first. Fewer than half the states require any testing at all.

**The Superintendent of Public Instruction applied the 23rd percentile cutoff score only to testing option (i).

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HEAV will contact the Speaker of the House and the Chairman of the Senate Education and Health Committee in order to influence the selection of the conference committee members. This is critical.

Speaker of the House of Delegates William Howell has the authority to select three delegates for the conference committee hearing. One must be the patron of the bill, Del. Dillard, who has already agreed to the unacceptable language under consideration. Howell must select at least one member from the minority party, i.e., the Democrats.

The Chairman of the Senate Education and Health Committee Sen. Russ Potts has the authority to select three senators. Since the Republicans are in the majority, Potts may select two Republicans and one Democrat. There are several good legislators who have voted for all our homeschool bills over the past few years—some have even homeschooled their children. Of course, HEAV will suggest Speaker Howell and Sen. Potts select the strongest supporters of home education and parents’ rights.

Once we know who will be on the conference committee, HEAV will begin discussing our concerns with them. At the same time, we will ask you to call the committee members. This could happen in a matter of hours.

ACTION ITEMS
(1) Pray that whoever is selected will understand our concerns and move to delete the objectionable language. We will let you know who the conferees are as soon as possible.

(2) If the Conference Committee agrees to delete the objectionable language, pray that both Houses will accept the Committee’s report, thus passing the bill. If the Committee does NOT delete the language, we will take action to recommend that both Houses reject the Committee’s report, thus killing the bill.

(3) This process will likely happen quickly—be watching for another Update coming very soon, probably later today. We will have limited time to act!

PLEASE BE PREPARED TO ACT!
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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