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Legislative Update
January 18, 2008

Homeschoolers Can Expect Change
From interscholastic sports access to tax credits to homeschool statute changes, this fast-moving legislative session could include important changes for homeschoolers. The 2008 General Assembly has been in session little more than a week, and bills are already flying through subcommittees and back to full committees for hearings.

The HEAV legislative committee has been actively tracking bills--both online through web searches and in committee meetings. Our full-time lobbyist Ben Lansing is on-site to hear committee discussions and formulate arguments that will protect and defend our homeschooling rights. Ben is testifying before committees and meeting behind-the-scenes with legislators to craft the best bill language for homeschoolers.

Legislation We're Tracking!
Homeschool Participation in Interscholastic Sports - HB 375 - Patroned by Delegate Charles W. Carrico (R-Carroll, Grayson, Smyth, and Wythe).
This bill would require the governing body of interscholastic activities for public schools to develop, implement, and enforce an exception to its rules addressing enrollment and eligibility of nonpublic school students. HEAV lobbyist Ben Lansing met with the bill's patron and provided him with research information. He also discussed HEAV's long history in appealing to the Virginia High School League and the rejection of our recent formal proposal for access.  

HB 375 passed out of subcommittee with an amendment narrowing the bill to focus only on homeschoolers. Later in the week, it was opposed by the Virginia High School League in the full Committee on Education. As a result, it took an unusual turn and was returned to Delegate Fralin's subcommittee to be discussed again on Monday, January 21 at 5 p.m., in the 8th Floor West Conference Room.

As a result of this action, the Family Foundation sent out a very helpful alert to their constituents that referenced Tim Tebow, the Florida homeschooler who led his local high school football team to the state championship, and who, while playing this year for the Florida Gators, was the first sophomore ever to win the Heisman Trophy. You can read this report here.

Now Is the Time to Act
If you support legislation that would give homeschoolers the option to participate in interscholastic sports at public high schools, call or e-mail the following delegates on the subcommittee before Monday at 5 p.m. Ask them to support HB 375. You can also attend the subcommittee hearing. We expect VHSL to oppose the bill. If HB 375 fails to pass out of this subcommittee, it will be dead for the year.

Delegate William H. Fralin, Jr.
804-698-1017
DelWFralin@house.state.va.us

Delegate R. Steven Landes
804-698-1025
DelSLandes@house.state.va.us

Delegate C. Todd Gilbert
804-698-1015
DelTGilbert@House.state.va.us

Delegate Clifford L. Athey, Jr.
804-698-1018
DelCAthey@house.state.va.us

Delegate Brenda L. Pogge
804-698-1096
DelBPogge@house.state.va.us

Delegate James P. "Jimmie" Massie, III
804-698-1072
DelJMassie@house.state.va.us

Delegate Adam P. Ebbin
804-698-1049
DelAEbbin@house.state.va.us

Delegate Stephen C. Shannon
804-698-1035
DelSShannon@house.state.va.us

Delegate Roslyn Tyler
804-698-1075
DelRTyler@house.state.va.us

Delegate Joseph D. Morrissey
804-698-1074
DelJMorrissey@house.state.va.us

Home Instruction Statute Changes - HB 767 - Patroned by Delegate Robert Tata (R-Virginia Beach).
The Virginia Department of Education initiated two changes in the homeschool statute in consultation with HEAV, VaHomeschoolers, and HSLDA. The changes simplify the homeschool statute and increase the filing options for homeschoolers.

HB 767 replaces filing option (iii) (using a correspondence course approved by the Superintendent of Public Instruction) with "provides a program of study or curriculum which may be delivered through a correspondence course or distance learning program or in any other manner." It also strikes option (iv), which requires a curriculum that includes the standards of learning objects in language arts and mathematics. The bill creates a new option (iv) with language already in the statute and makes a minor change from "the parent" to "he."

22.1-254.1. Declaration of policy; requirements for home instruction of children.
A. When the requirements of this section have been satisfied, instruction of children by their parents is an acceptable alternative form of education under the policy of the Commonwealth of Virginia. Any parent of any child who will have reached the fifth birthday on or before September 30 of any school year and who has not passed the eighteenth birthday may elect to provide home instruction in lieu of school attendance if he (i) holds a high school diploma; or (ii) is a teacher of qualifications prescribed by the Board of Education; or (iii) has enrolled the child or children in a correspondence course approved by the Superintendent of Public Instruction; or (iv) (iii) provides a program of study or curriculum which, in the judgment of the division superintendent, includes the standards of learning objectives adopted by the Board of Education for language arts and mathematics may be delivered through a correspondence course or distance learning program or in any other manner; or (iv) provides evidence that the parent he is able to provide an adequate education for the child.

Additional Testing Options for Homeschoolers - HB 1183 - Patroned by Delegate Scott Lingamfelter (R-Fauquier and Prince William Counties).
As a result of problems with some districts accepting independent evaluations, HSLDA drafted the wording for this bill that increases the options for evidence of end-of-year proof of progress. In addition to the options we already have, it allows a letter from a licensed teacher or private school teacher or a person with a master's degree in education. The bill also allows submission of a portfolio containing a quarterly sample of the child's work in math and language arts. Another option is a report card from a private school, college distance learning program, or correspondence school.

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; (iii) a letter from a person licensed to teach in any state, or a person employed as a teacher in a private school in Virginia, or a person with a master's degree or higher in the field of education, stating that the child is achieving an adequate level of educational growth and progress; (iv) a portfolio containing a sample of the child's work each quarter in math and language arts that demonstrates the child is achieving an adequate level of annual educational growth and progress; or (v) a report card from a private school in Virginia, college distance learning program, or home education correspondence school.

State Income Tax Credits - HB 420 - Patroned by Delegate Bob Marshall (R-Manassas).
A taxpayer would be allowed a credit against state taxes for educational expenses up to $2,000 for homeschoolers and $3,000 for public and private school students. Educational expenses for homeschoolers would include the cost of textbooks, workbooks, curricula, and other written materials, as well as tutoring fees, etc.

HPV or Human Papillomavirus Vaccine - HB 89 and HB 188 - Patroned by Delegate Bob Marshall (R-Manassas). 
HB 89 would remove the requirement for girls to receive the HPV immunization. It was tabled in Health, Welfare and Institutions by voice vote. FAILED. The amended version of HB 188 extends the requirement for 6th grade girls to receive the vaccine to July 2010. Although this is not a clear-cut homeschool issue, many homeschool parents in Virginia and nationwide have expressed opposition to a vaccination that has not been widely studied and is for a sexually transmitted disease.

More Bills that Could Affect Homeschoolers
These are just a few of the other bills our Legislative Team is tracking.

Truancy and School Drop-Out Prevention - HB 1263 - Delegate Franklin P. Hall
Public School Grade Placement Testing - HB 107 - Delegate Mark Cole
Community College Scholarship Match Program - HB 117 and HB 512 - Delegates Steven Landes & Rosalyn R. Dance
Automatic Admission to Colleges - HB 165 - Delegate David Poisson
Computers Added to School Supplies Sales Tax Holiday - HB 263 - Delegate Onzlee Ware
Increase in Driving Hours for Holders of Learner's Permits - HB 889 - Delegate Matthew J. Lohr
Teacher Expenses Tax Credit - HB 985 - Delegate David A. Nutter
Clarification of Two-Year College Transfer Grant - SB 148 - Senator Walter A. Stosch

You Can Track Bills at Home!
The Virginia General Assembly has given citizens the ability to track up to five bills with its FREE bill tracking Lobbyist in a Box. (See the Quick Links on the right-hand side of the page.) It is user-friendly and makes bill tracking a breeze!

You can also call or e-mail your legislators to let them know you support or oppose a bill. You can find contact information for your senator or delegate by using this link to the Senate or the House. Click on the person's name to find his phone number, e-mail address, and other information. If you're not sure who your legislator is, you can find out by clicking here.

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NOTE FROM YVONNE:
I would like to hear from you! Please e-mail your legislative questions or comments to me at support@heav.org. Subscribe, read, and pass on our HEAV Legislative Updates--send them to your support groups and e-groups, and post them on your blogs. We will keep you up-to-date on legislative issues as they develop. Join our e-mail list, and encourage others in your support group to sign up for our FREE Legislative Updates. Pass them on!

Sincerely,
Yvonne Bunn, Homeschool Support
Yvonne Bunn, HEAV Director of Government Affairs
Home Educators Association of Virginia
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