Virginia Homeschool | March 2, 2009 Legislative Update

Legislative Update

March 2, 2009

The 2009 legislative session ended last week, and what a roller-coaster ride it was! The many twists and turns kept us on our toes. Bills came and went--some passed, but many died a quiet death.

During the session, we cosponsored a reception celebrating the 25th anniversary of the Virginia homeschool statute, and opposed a bill that would have removed parent-taught driver's education from the code. We also worked on a bill that will allow once-excluded homeschool graduates eligibility for more college financial aid. And while all this was going on at the state level, homeschool businesses and booksellers struggled to understand if new federal restrictions on lead content in children's products and books applied to them.

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ANNIVERSARY CELEBRATION AT THE CAPITOL!
On January 27, Home Educators Association of Virginia and the Organization of Virginia Homeschoolers invited legislators and special guests to join them in celebrating the 25th anniversary of the passage of the Virginia homeschool statute. The statute, passed in 1984, made Virginia one of the first states to formally recognize the right of families to educate their children at home. HEAV was there in 1984 and has worked tirelessly ever since for the least intrusive homeschooling laws and policies possible.

Senate and House Recognition
In both the Senate and House, homeschool leaders were recognized for the work they had done to advance home education. From the Senate floor, Senator Ed Houck, Education and Health Committee Chairman (D-Fredericksburg), presented a Joint Resolution "to the homeschooling organizations in Virginia as an expression of the General Assembly's admiration and gratitude for the numerous contributions of homeschoolers and for their commitment to the advancement of education and the strengthening of families in the Commonwealth and throughout the United States."

He also asked his fellow senators to recognize the educational success of home educators during the past 25 years. Leaders and homeschoolers in the gallery were welcomed with a hearty round of applause.

On the House side, Delegate Bob Tata, Chairman of the House Education Committee (R-Newport News), introduced the House version of the Joint Resolution and acknowledged Anne Miller, president of HEAV, and Celeste Land of VaHomeschoolers as well as other homeschool leaders and families in the Chamber. As on the Senate side, homeschoolers were enthusiastically welcomed by House members and others in the gallery. Delegate Tata also recognized retired Delegate James Dillard, patron of the 1984 homeschool statute, as well as Delegate Rob Bell's mother, Mary Whealan Bell, who testified in support of the original bill in 1984.

Anniversary Reception
During the afternoon, HEAV and VaHomeschoolers jointly sponsored a reception at the General Assembly, hosted by Delegate Bob Tata (Newport News) and Senator Ed Houck (Fredericksburg).

Handshakes, smiles, congratulations, beautiful desserts, lots of pictures, and special guests enhanced this memorable celebration! We were especially honored to have Governor Timothy Kaine join the reception for an extended visit. He cut the 25th anniversary cake and warmly greeted individual homeschool leaders, guest families, and homeschooled students. Numerous legislators and legislative assistants came by to offer their congratulations, including Senator Ken Cuccinelli (R-Fairfax), Delegate Rob Bell (R-Charlottesville), Delegate Paul Nichols (D-Woodbridge), and Senator John Miller (D-Newport News).

Governor Kaine extended his formal congratulations to homeschoolers for our growth and success and acknowledged his support of choice in education. Following his remarks, Senator Houck read the resolution then presented it to Anne Miller, president of HEAV, and Parrish Mort, president of VaHomeschoolers. Numerous legislators offered their congratulations from the lectern and homeschool leaders extended their sincere appreciation to the many legislators who stood with parents and supported our right to homeschool during the past 25 years.

View more anniversary pictures online!

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2009 LEGISLATIVE REVIEW
SB 1547 - Homeschool Graduates Included in State Financial Aid!
Homeschool graduates who are accepted to Virginia colleges can qualify for federal financial aid and some state funds; however, they have been locked out of money from the Virginia Guaranteed Assistance Program (VGAP). The VGAP is a need- and merit-based undergraduate grant program. The program's average yearly awards in '07-'08 were $3,671 for a community college student and $3,848 for a four-year college student--no small amount!

Last year, a homeschool graduate was awarded a VGAP scholarship her first semester, but after receiving the funds her second semester, the college removed the grant stating she did not qualify for the financial aid because she had been homeschooled. The VGAP scholarship eligibility guidelines state, "Students who obtain a GED or complete home schooling are not eligible." Dissatisfied with the unfair treatment of his daughter, the dad contacted Senator Ken Cuccinelli (R-Fairfax). Senator Cuccinelli, a homeschool dad himself, acted immediately by filing an emergency bill, SB 1547, since the deadline for filing a normal bill had passed. The motion was granted, a simple bill was drafted, and it quickly passed the Senate Education Committee without opposition.

After reviewing the bill's wording, HEAV contacted Senator Cuccinelli's office by phone and e-mail to express our concerns about wording that would inadvertently set precedent and create more oversight for homeschoolers. Senator Cuccinelli definitely had no intention of including detrimental language--his purpose was clearly to help homeschoolers. Our lobbyist, Oscar Walker, visited his office numerous times to clarify our concerns and request a change in wording.

HEAV, VaHomeschoolers, and HSLDA carefully considered new language that addressed our concerns. We came to a consensus with helpful input from the State Council of Higher Education for Virginia (SCHEV), and submitted the language to Senator Cuccinelli's office and requested he introduce a substitute bill in the House. With all homeschool organizations in agreement, and each in contact with the senator, he was eager to make the changes we requested and include additional clarifying language. The new version of SB 1547 has now passed both the House and Senate.

Originally, the language did not clearly address how homeschool graduates (including religiously exempt students) would meet the eligibility requirements for VGAP, particularly for grade point average or class rank. The new language requires SCHEV to develop "empirical alternative equivalent measures" for homeschool eligibility for state financial aid programs. HEAV, VaHomeschoolers, and HSLDA will work with SCHEV to establish policy that will be reasonable for homeschoolers and fair to all students who apply for financial aid. We expect SB 1547 to be signed by the governor.

Other Bills of Interest
HB 2605
There was an attempt to transfer the responsibility for driver's training from the Department of Education to DMV (HB 2605, Delegate Timothy Hugo, R-Centreville). This bill would have eliminated parent-taught driver education for homeschoolers. HEAV immediately shared our concerns with Delegate Hugo. Not wanting to harm homeschoolers, he quickly agreed to reinstate the homeschool language. However, we still could not support the bill because of the past difficulty we have had in working with the DMV. We asked Delegate Hugo to withdraw the bill, and it was tabled in the Transportation Committee. FAILED

HB 1876
Sending or reading text messages while driving is now prohibited (HB 1876, Delegate John Cosgrove, R-Chesapeake). PASSED

HJ 775 / SJ 385
The House and Senate commended homeschoolers on the occasion of the 25th anniversary of the homeschool statute (HJ 775, Delegate Bob Tata, R-Virginia Beach, and SJ 385, Senator Ed Houck, D-Fredericksburg). The joint resolutions were presented on the House and Senate floors and homeschool leaders were publicly recognized. PASSED

HB 2063
There was an attempt to eliminate the triennial school census. The census is taken every three years to count the number of school-age persons residing within each school district. The data is gathered in order to distribute the sales and use tax to localities. HB 2063 (Delegate Phillip Hamilton, R-Newport News) eliminated the census and required the distribution of tax monies be based on the average daily membership of the school division. FAILED

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CONSUMER PRODUCT SAFETY COMMISSION EASES POLICY
The Consumer Product Safety Improvement Act (CPSIA) affects items sold to children 12 years old and younger including toys, clothing, educational items, and new and used books. Products cannot be sold if they contain more than 600 parts per million (ppm) total lead. Some children's products such as books that may contain lead in the paper or ink and are accessible to children through touch were included. The statute indicated that paint, coatings, or electroplating could not be considered a barrier that would make the lead content of a product inaccessible to a child.

Since the CPSIA was first made public, the Consumer Product Safety Commission has extended implementation of the law and testing requirements until 2010. They have also issued the following exemptions:

An exemption for ordinary children's books printed after 1985
An exemption for certain natural materials such as wood, cotton, wool, and certain metals and alloys that rarely contain lead
An exemption for textiles dyed or undyed (not including leather, vinyl, or PVC) and non-metallic thread and trim used in children's apparel and other fabric products, such as baby blankets

For more information, see the Consumer Product Safety Commission memo.

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NOTE FROM YVONNE BUNN
Thank you, Oscar Walker, for the many cold mornings you braved the rain, snow, and ice to lobby for homeschoolers at the Capitol. Your presence at committee hearings and quick reporting back to us was invaluable. Thank you, Caroline Barnes, for your tenacity in reading bill after bill after bill. Only an experienced, committed, homeschool parent could find the things you found in those bills! And Anne Miller, thank you for donning your legislative hat for the last two months. I value your insight and judgment and have never worked with a person of more integrity.

And thank you, our members, for supporting us with your prayers and financial gifts during these difficult economic times! It takes all of us working together, following the Lord's direction, to secure and protect the rights of homeschooling families.

Sincerely,

Yvonne Bunn, Homeschool Support

Yvonne Bunn
Director of Homeschool Support and Legislative Affairs