Testing Takes an Unusual Turn!
On February 21, the amended version of HB 1183 was brought before the full Senate Education Committee. The bill was not reported from the subcommittee (often an indication it will not pass). However, on the Senate side, a bill that does not have the committee's recommendation can still be heard by the full committee. HEAV, HSLDA, and Virginia Homeschoolers had all previously spoken in support of the bill, as did a representative from the Virginia Association of School Superintendents (VASS).

[Photo: A picture of Lt. Governor Bolling presiding over the Senate. Taken by Seth Fisher on HEAV's recent Day at the Capitol. © Seth Fisher, Through My Lens Photography.]

During the time homeschoolers were making phone calls, HEAV lobbyist Ben Lansing was visiting several key committee members to answer their concerns about the testing bill and getting their support. Prior to the meeting, some senators reported receiving up to 400 calls on the testing issue. Andrew Wright, legislative assistant to Senator Houck, said his office had been flooded with calls from concerned constituents. "I think every homeschooler and his mom in our district have called our office today."

Unfortunately, the bill brought up questions about homeschooling and testing procedures. Senator J. C. Miller (D-Newport News) was concerned that superintendents do not have control over what they review. He wanted superintendents to have authority to choose the type of assessment they would accept. Thankfully, this was met with strong opposition from Senator Martin, Senator Newman, HEAV, VaHomeschoolers, HSLDA, and Jack Knapp of the Virginia Assembly of Independent Baptists. The amendment was voted down with only Senator Miller and Senator Locke voting for it.

Then, to our surprise, the Virginia Association of School Superintendents (VASS) spoke in opposition to the bill--specifically, the portfolio section. They indicated it was difficult and time consuming to determine if portfolios evaluate what they say they evaluate. Senator Martin asked the VASS representative if the evaluation acceptance still rested completely in the superintendent's hands. He replied that they wanted something more clearly "spelled out" than a portfolio. The VASS representative said he read the bill to mean superintendents MUST accept a portfolio and approve it. He indicated he wanted something that could be assessed more easily, like a standardized test.

It was then suggested the bill be amended to strike the portion regarding student portfolios. The amendment passed and a motion was quickly made to report the bill. The bill failed 8-7.

Because Senator Steve Newman strategically voted against the bill (on the prevailing side, in this case the "no" side), he was able to move that the bill be "passed by" temporarily. Senator Newman--a long-time supporter of homeschooling--then had a quick meeting on the side with Delegate Lingamfelter (the patron), Senator Saslaw, and the VASS representative. After private negotiations, they were able to reach a compromise. Delegate Newman quickly asked that the bill be brought up in committee again! The chairman, Senator Houck, allowed the procedure. The committee reviewed the language and immediately took another vote. This time Senator Saslaw voted for the bill along with everyone else! The bill they had defeated earlier passed 15-Y 0-N--uncontested! What a strange turn of events!

On Monday afternoon the amended version of HB 1183 passed the full Senate 40-Y 0-N. It will now go back to the House for reconsideration. If all goes well in the House, it will go to the Governor for his signature.

During the last several years, HEAV and HSLDA had become aware of growing evaluation problems. HEAV and HSLDA tried to resolve testing issues with local superintendents, but to no avail. Assessments that had been accepted in past years were being rejected without review. HB 1183 will prevent superintendents from arbitrarily rejecting adequate year-end assessments.

The law already states that parents can submit one of the following as evidence of progress:
1) The results of a standardized achievement test;
2) An evaluation or assessment that the division superintendent determines to indicate the child is making an adequate level of educational growth and progress.

HB 1183 clarifies that superintendents must accept the following methods for evaluations or assessments under the second testing option including but not limited to:
- An evaluation letter from a person licensed to teach in any state, or a person with a master's degree or higher in an academic discipline;
- A report card or transcript from a community college, college, college distance-learning program, or home-education correspondence school.

What about Portfolios?
If HB 1183 becomes law, parents who have submitted an unevaluated portfolio in the past may still be able to submit one directly to the superintendent because the language says "including but not limited to." Although a portfolio is not included in the list, some superintendents may be willing to accept this form of assessment because of this carefully crafted language.

Also, a portfolio could be presented to a qualified evaluator who is licensed to teach or a person with a master's degree in an academic discipline. This person could review the portfolio and submit an evaluation letter to the superintendent to determine if the student is achieving an adequate level of educational growth and progress.

Although a limited number of homeschoolers use portfolios, HEAV regrets that this option was amended out of the bill. We understand this could make portfolio evaluations more expensive for parents who use an evaluator. If you use this method, please let us know how portfolio evaluations are received by your superintendent.

What Academic Disciplines Will Be Accepted?
For those evaluators with master's degrees, a determination has yet to be made as to which disciplines will be acceptable. HEAV will be working with the Virginia Department of Education to develop policy in this area.

What Method of Year-End Assessment Do You Use? – Your Answer Needed!
Do you use a:
-Standardized achievement test,
-Independent evaluation by a certified teacher,
-Independent evaluation by a professional evaluator,
-Unevaluated portfolio, or
-A portfolio evaluated by a certified tutor or professional evaluator?

Please let us know! Take a moment to answer our one-question survey. Your answer will help us as we represent your needs in the legislature.

On Monday, HB 767 passed the Senate 40-Y 0-No. It will now be sent to the Governor for his signature and is expected to go into effect July 1, 2008.

Human Papillomavirus Vaccine Effective Date: HB 188 (Delegate Bob Marshall) extends the effective date of the requirement for sixth-grade girls to receive the human papillomavirus vaccine from October 1, 2008, to July 1, 2010. It passed the House with an amendment 57-Y 29-N, but was passed by indefinitely in the Senate Education Committee, 10-Y 5-N. Parents of homeschoolers or public school students can opt out of the vaccine. FAILED

Sincerely,