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Legislative Update
Tuesday, July 24, 2007

Although the legislative session is long over, lots of things are happening that could affect your family. The laws that were passed in February went into effect July 1. In the text below, I've alerted you to a few of the most interesting laws. You might want to discuss them with your family.

With the deadlines for complying with the homeschool statute just around the corner, this is the time of year HEAV receives questions about new forms and new requirements from some local school districts. Since the homeschool statute did not change this year, there should be no new requirements. If you have some spring up in your locality, please let me know.

Mid-summer is here and we're beginning to plan for the 2008 legislative session. We are also preparing for additional meetings with the Virginia High School League regarding sports access, and we are researching the Governor's new K-4 initiatives. We'll keep you informed as these and other issues develop.

Wishing you a wonderful summer!

Yvonne

Yvonne Bunn, Homeschool Support
Director of Government Affairs and Homeschool Support

 

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Take Care When Using Local Forms!
If you plan to file under the homeschool statute, §22.1- 254.1, the deadline for notifying your local superintendent that you intend to homeschool is August 15. Be careful when using your local district's Notice of Intent form! The law does not require you to use the form your school district provides. Some forms still fail to reflect the 2006 changes in the homeschool statute. They may also ask for more information than the law requires, such as your child's social security number.

In lieu of a form, you may write a letter that includes the appropriate information. Or you may use HEAV's standard NOI form. Our Notice of Intent form is accepted by all school divisions. It is carefully worded to include only the information required by the Virginia homeschool statute, §22.1-254.1. If you use the form from our website, be sure to click on the link at the top of the page to print the pdf version.

 

Immunization Records Not Required with NOI
The law does not require a parent to submit immunization records along with the Notice of Intent form. However, ALL homeschoolers must keep immunization records on file. If a parent objects to immunizing his child because of religious reasons, the parent may keep a copy of the Commonwealth of Virginia Certificate of Exemption on file. Also, proof of immunization is not required if a parent has written certification from a licensed physician stating that a required immunization may be harmful to the child's health. The physician must indicate the specific nature of the medical condition or circumstance.

 

Reminder: The August 1 Deadline is Fast Approaching
After each year of homeschooling, parents must submit evidence of their child's academic achievement to the division superintendent (or his designee) by August 1. The evidence may be in the form of a standardized achievement test or an evaluation or an assessment (§ 22.1-254.1 (C)).

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 or (ii) an evaluation or assessment which the division superintendent determines to indicate that the child is achieving an adequate level of educational growth and progress.

Questions about testing?
  • Who must be tested?
  • What kind of test can you use?
  • Who can administer the test?
  • Is pre-approval necessary?
HEAV's Testing FAQ covers the most-asked testing questions. Know all your testing options. Look for information on the HEAV website under "Testing."

 

Sports Access Meeting
HEAV is aware that some homeschooling parents would like the option of having their high school students participate in interscholastic sports. In May, HEAV participated in a second meeting with the Virginia High School League. Representatives from HEAV, HSLDA, and VaHomeschoolers met with VHSL's executive director, Ken Tilley, to discuss the possibility of amending their interscholastic sports rules to include homeschool students. We were careful to propose VHSL policy changes that would stay within the parameters of the homeschool statute for those who are interested in participating. The discussion was positive, but due to the governing structure of VHSL, change may not come quickly. We will keep you informed about any changes in sports access as they develop.

Law Changes in Effect July 1
Two-Year College Transfer Grant Program
Students who have successfully completed an acceptable associate degree program at a Virginia two-year college, and have been accepted at a public or private institution of higher education in Virginia, are eligible to receive $1,000 grant per year. An additional $1,000 grant is available to students pursuing undergraduate degrees in engineering, mathematics, nursing, teaching, or science. Other requirements may apply.

Child-Restraint Devices
The age that children must be secured in a child-restraint device has increased from 5 to 8 years of age. The new law also requires that rear-facing child-restraint devices for infants from birth to 1 year of age must be secured only in the back seat of motor vehicles manufactured after January 1, 1968.

Teen Cell-Phone Use
While driving a motor vehicle, cell-phone use--whether hand-held or not--is prohibited for drivers under 18 years of age. The new law prohibits the use of all other wireless telecommunication devices while driving.

 

Fines for Speeding under Certain Conditions
You may have heard about the costly multi-year "civil remedial fees" imposed on Virginia motorists convicted of traffic violations. The Abusive Driver Bill was part of the bipartisan 2007 Transportation Compromise. There have been heated editorials and discussions about the driver responsibility tax that will impose mandatory assessments of up to $3,000 for certain infractions, in addition to an annual point tax that tops out at $700 a year for as long as the points remain on a person's record.

While this is correct, some editorial writers and bloggers have failed to understand that the additional fees only apply under certain conditions, i.e., a "reckless driving" conviction where more than one condition is met. The law specifically states that "Every person convicted of reckless driving under the provisions of this article who, when he committed the offense, (i) was driving without a valid operator's license due to a suspension or revocation for a moving violation and, (ii) as the sole and proximate result of his reckless driving, caused the death of another, is guilty of a Class 6 felony." (§ 46.2-868 of the Virginia Code)

Delegate Scott Lingamfelter clarifies the issue with the following explanation in a newsletter to his constituents:

In plain English that means to be assessed the "abuser fee" for reckless speeding, the offender not only must be convicted of doing 20 mph over the 55 speed limit, but also must be driving without a valid operator's license due to a suspension or revocation for a prior moving violation, plus (and this is a key point) the reckless speeding he is charged with must be the sole and proximate result of the death of another person. In other words, you're not speaking here of a driver simply going too fast, but one who is also driving on a suspended license and killed someone in the process. My bet is most folks agree that this kind of driver should be assessed heavily; even those General Assembly members who voted against the Compromise Transportation package in 2007, but supported a stand-alone abuser fee bill in the 2006 Special Session.

The law forbids judges from reducing or suspending the civil tax in any way. The tax applies only to Virginia residents; out-of-state motorists will only pay the regular ticket amount.

The new law (§46.2-206.1) states the purpose of the fees is to "generate revenue." The Virginia Supreme Court provides a full explanation of the new penalties for each traffic infraction in the Civil Remedial Fees document compiled by the Executive Secretary, Virginia Supreme Court, 6/21/2007.

 

Military Takes Another Look at Homeschoolers
The Department of Defense has revised its recruiting classification of homeschoolers. If homeschoolers score at least 50 on the AFQT, they will obtain the maximum enlistment benefits available as Tier 1 recruits. The DoD is conducting a new four-year pilot program and will analyze homeschool data to determine if a new policy is necessary. For more details, visit the HSLDA link.

 

Yvonne Bunn, HEAV Director of Government Affairs
Home Educators Association of Virginia
phone: 804-278-9200