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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 25, 2005

Friday, February 25, 2005

GENERAL ASSEMBLY UPDATE: Testing Vote Today!

IF YOU RECEIVE THIS IN TIME, PLEASE CALL BEFORE NOON TODAY—VOTE “NO” ON HB 1770

Both the House of Delegates and Senate will vote today—Friday—on the language for option (i) testing for homeschoolers.

Earlier this week, we 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. The conferees have made a decision on the language and both houses will vote today on the committee recommendation.

The words in CAPS show the new language that will be voted on by the House and Senate:

"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."

Under option (i), HEAV supported “ANY NATIONALLY NORMED STANDARDIZED ACHIEVEMENT TEST,” but opposed "THAT HAS BEEN APPROVED BY THE SUPERINTENDENT OF PUBLIC INSTRUCTION."

HEAV worked intensely to have this language removed because it gives the superintendent unprecedented power in determining the tests homeschoolers can use for option (i). There are no parameters 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.

The following are answers to some questions regarding the implications of this bill:

HAS THE DEPARTMENT OF EDUCATION ALWAYS HAD THIS POWER?
No, the State Board of Education approved a battery of achievement tests for use in public schools--not for homeschoolers. Testing option (i) permits parents to use this same test. It is doubtful the Board of Education had homeschoolers in mind when choosing the test to administer state-wide in public schools.

The bill language would give new authority to the Superintendent of Public Instruction. So rather than a board with varying opinions deciding which tests are allowed, a single individual would be making the decisions. Because a new superintendent is appointed by a newly elected governor every four years, there are no guarantees that a future superintendent would be benevolent toward homeschoolers.

WHAT TESTS CAN HOMESCHOOLERS USE?
Although there are no tests approved for use in public schools at the present time, parents can continue to use option (ii), “an evaluation or assessment which, in the judgment of the division superintendent, indicates that the child is achieving an adequate level of educational growth and progress.” In an Attorney General Opinion, the “evaluation or assessment” referenced in option (ii) has been determined to include standardized achievement tests. Therefore, parents can continue testing as in previous years.

CAN A SUPERINTENDENT DETERMINE THE TESTS HOMESCHOOLERS CAN USE UNDER OPTION (ii)? The superintendent is to judge the “educational growth and progress” of the student, not judge the evaluation or assessment. If a superintendent refuses a particular test, evaluation, or portfolio, a parent should get legal assistance and/or appeal his decision before an independent hearing officer.

WHAT ABOUT THE “SUBJECTIVE JUDGMENT” OF THE SUPERINTENTENT? Option (ii) refers to “in the judgment of the division superintendent.” There is no “cutoff” score. The concern that superintendents will now use an unreasonable subjective judgment of progress is not well-founded. Although it may seem the superintendent can make any kind of capricious or arbitrary decision, this is not true. He must use sound judgment. If he acts unreasonably, a court will overrule him. According to HSLDA attorney Scott Woodruff, “There is an implied requirement that he exercise his judgment in a sound, consistent, fair, and reasonable manner.”

Under option (ii), according to Charles Finley of the Department of Education, “Most superintendents evaluate progress by using the 23rd percentile standard of option (i) because they know it is acceptable to the DOE.”

ARE SOME TESTS BETTER THAN NO TESTS FOR OPTION (i)?
At first it may appear that some tests are better than no tests for option (i). However, we can continue to test under option (ii). We have already worked under these circumstances for more than a year without problems.

No available test under option (i) this year is better than giving the state superintendent the new authority to choose a limited number of tests for you. Let’s not pass poor legislation when a stronger bill another year can address this issue.

ACTION ITEM
If you receive this in time, please call your senator and delegate BEFORE NOON and ask them to VOTE “NO” on HB 1770.

When calling, PLEASE be courteous, polite, and respectful.

The General Assembly will go into session at noon, Friday. They must receive your opinion before they go into session in order for it to be effective. This will be a “yes” or “no” vote only. There can be no amendments or changes to this legislation. THIS IS THE LAST DAY OF THE GENERAL ASSEMBLY SESSION. A DECISION WILL BE MADE ON HB 1770 TODAY.

You may call the General Assembly for your representative’s phone number at 804-698-1470. For a list of phone numbers for the Senate and House of Delegates on-line, click on the links below or copy each address into your browser:

http://sov.state.va.us/SenatorDB.nsf/$$Viewtemplate+for+WMembershipHome?OpenForm

http://dela.state.va.us/dela/MemBios.nsf/MWebsiteTL?OpenView

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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