Virginia Homeschool Legislative Reports 2005

Read all of The Organization of Virginia Homeschoolers' 2005 legislative reports here. VaHomeschoolers' most effective action is screening legislation for potential impact on homeschoolers. We pay attention to a large list of topics: home instruction statute, tutor provision, religious exemption provision, driver training, truancy, curfews, tax credits, and more.

Our Government Affairs committee scrutinizes bills relating to issues on which members have not given clear direction. We closely follow this legislation, and frequently seek amendments as needed for clarification or protection, while not necessarily taking a position on the legislation.

In addition, VaHomeschoolers' Governmental Affairs Committee initiates legislative change through carefully considered strategies, and takes direction from VaHomeschoolers members, through our annual Member Survey.

Visit VaHomeschoolers' Legal & Legislative page page for information and articles that can help conquer your fears and empower you as an individual and as part of the homeschooling community.

VaHomeschoolers Legislative Report

March 2, 2005
by Celeste Land, Government Affairs

Further Update on HB 1770 (testing and evaluations)

HB 1770 (Dillard, R-Fairfax), a bill to amend the home instruction statute pertaining to testing and evaluation, died in the House of Delegates last week. VaHomeschoolers would like to address several questions we have received about the adventures of this ill-fated bill as it made its way through the legislature this year.

About the Language of HB 1770

As described in earlier Legislative Reports, Virginia homeschoolers currently have no objective means of evaluation under the home instruction statute. VaHomeschoolers set out to remedy this problem with HB 1770.

From the start, we knew that it was not enough to come up with language that would address the problem. We also had to come up with language that was acceptable to the legislature, the Department of Education, and the Secretary of Education. We knew that if the language was unacceptable to any of these parties, then the bill would fail to become law, regardless of its merits.

So, before introducing HB 1770, VaHomeschoolers met with representatives from the Department of Education and Delegate Dillard to come up with the best possible language for the bill that would be acceptable to all parties concerned. We studied the language carefully, and conferred with our Board and veteran observers of Virginia homeschooling law to ensure that the proposed language would resolve the testing and evaluation problem without infringing on homeschooling freedoms.

Early in the session, VaHomeschoolers also shared the language of the bill with HEAV, the other state homeschooling organization, who in turn shared the language with HSLDA. HEAV and HSLDA objected to the language in the bill which called for the list of tests being maintained by either the Superintendent for Public Instruction (language of the bill) OR the Board of Education (language currently in code).

VaHomeschoolers spoke with HEAV and HSLDA about HB 1770 on numerous occasions, and communicated their concerns to both the patron of the bill and the Assistant Secretary of Education. As we explained to HEAV and HSLDA repeatedly throughout the session, removing the language about the list of tests being maintained by either the Board or the Superintendent (or both) was not politically acceptable at this time and would surely result in the death of the bill. (You can read more about the language of HB 1770 and our arguments in favor of this bill in previous VaHomeschoolers Legislative Reports at www.VaHomeschoolers.org).

Like most states, Virginia has more than one state homeschooling organization. As with most states, we have two state homeschooling organizations because we have significant differences of opinion as to how to create effective homeschooling legislation, how to work within the system to effect change, how the law on homeschooling is interpreted, and how to best represent the needs of our state's homeschooling community. While we do share common ground as homeschoolers, and have worked together in some situations, there will be many situations when we simply cannot agree on the best course of action. HB 1770 was one of those situations.

About HB 1770's Legislative Journey

Unfortunately, HB 1770 experienced many clerical misadventures during this session:

The result of all this was a lot of unnecessary confusion within both the legislature and the homeschooling community about the exact language of the bill and what the bill would and would not do.

To further complicate matters, HSLDA decided to step in fairly late in the game and propose unexpected additional amendments to HB 1770 on the Senate side. The proposed changes also took the Senate committee by surprise, leading to last-minute changes to the bill, made literally on the back of a briefcase in the corner of the room during the committee meeting. The Senate approved these amendments.

Unfortunately, these last minute changes made the bill no longer acceptable to the patron, the Department of Education, or the Secretary of Education. This was hardly classified information; both Delegate Dillard and the Assistant Secretary of Education had expressed their concerns about the amended Senate language at the Senate committee hearings, and repeated their concerns both openly and privately to various parties during the following week. Again, VaHomeschoolers knew that without the approval of these parties, the bill had no chance whatsoever of becoming law.

In the days that followed, VaHomeschoolers lobbyists worked with the patron and the Department of Education to create alternative language which would be acceptable to all parties while not infringing on homeschooling freedoms.

Delegate Dillard decided to have the amended language discussed in a conference committee consisting of members from both chambers. Again, this should not have come as a surprise, because this happens frequently when the language approved on one side of the legislature differs significantly from the language approved on the other side.

Generally the language which results from a conference committee is compromise language representing the best parts of both chambers' efforts. This is what came out of the conference committee on HB 1770. Unfortunately, that language was rejected by the House of Delegates, effectively killing the bill for this year.

VaHomeschoolers again wishes to thank Delegate Dillard, Delegate Dillard's aide Rod Clemmons, Senator Potts, and Senator Blevins for their support and assistance with HB 1770's legislative journey this year. You can learn more about HB 1770's legislative journey by reading back issues of our Legislative Reports at www.vahomeschoolers.org. Please feel free to communicate with us directly if you have any questions or concerns about this or any other homeschooling legislative matters. We look forward to hearing from you.

VaHomeschoolers Legislative Report

February 25, 2005
by Celeste Land, Government Affairs

Testing Bill HB 1770 Dies in House of Delegates

This afternoon, HB 1770 (Dillard, R-Fairfax), a bill to amend the home instruction statute regarding testing and evaluations, was tabled by the patron after the House of Delegates rejected the amendments proposed by the joint conference committee by a vote of 34-64.

VaHomeschoolers supported HB 1770, and spent many hours working behind the scenes to craft language which was acceptable to all parties concerned. We stand by the language of the bill, while respecting the will of the legislature.

Sadly, because HB 1770 failed to become law, Virginia homeschooling families continue to have no objective testing options under the home instruction statute at this time.

The Organization of Virginia Homeschoolers wishes to thank Delegate Jim Dillard, Senator Russell Potts, Senator Harry Blevins, and Delegate Dillard's aide Rod Clemmons, for their support of HB 1770 and their efforts on behalf of the bill this session. We deeply appreciate their assistance.

VaHomeschoolers Legislative Report

February 21, 2005
by Celeste Land, Government Affairs

Update on HB 1770 (Testing and Evaluation bill)

The Organization of Virginia Homeschoolers (VaHomeschoolers) has received some questions about HB 1770 (Dillard, R-Fairfax). As this bill to amend the home instruction statute goes into conference committee this week, we would like to offer some clarification about what it would do and not do if it became law.

For your reference, Section 22.1-254.1 C of Virginia Code (the home instruction statute) currently says:

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 a battery of achievement tests which have been approved by the Board of Education for use in the public schools or (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.

Currently there are NO tests which fall under option i.. The only test which previously met this requirement was the Stanford 9, which is no longer required to be administered by the Virginia public schools. It is therefore no longer on the Board of Education's approved list.. Even if a test like the Iowa, CAT, etc is administered by an individual school district, it is not considered an option i test at this time, according to the Virginia Department of Education.

Under current state law, ALL tests fall under option ii, which means that ALL tests-the Stanford 9, Iowa, CAT, CTBS, etc.--are subjectively evaluated by the local division superintendent. The local superintendent currently has the authority to refuse to accept any score from any test which is not approved under option i. Homeschooling families in Virginia have no objective testing options at this time.

Some have argued that HB 1770 is restrictive because it creates a list of approved tests where there was none before. This is not correct. There has always been a list of approved tests under option i-in the past, this was a list of one test (the Stanford 9), and currently it is a list of ZERO tests. HB 1770 would expand the list from a list of zero tests to a list of five or more tests.

Because the list is currently maintained by the Board of Education, rather than the Superintendent for Public Instruction, and because of the current wording of the law, there is no legal mechanism in place for expanding the list to include additional tests.

The Superintendent for Public Instruction would like to work with state homeschooling organizations to expand this list to include a wide variety of nationally normed tests, including the Stanford, CAT, CTBS, Iowa, etc. This would expand the number of tests that local school districts would have to accept under law. Currently the Superintendent for Public Instruction has no legal authority to expand the list of tests. HB 1770 would allow the expansion of the list to occur, without affecting homeschooling freedoms.

The Standards of Learning exams are NOT nationally normed tests and so the Superintendent for Public Instruction would not have the authority to include them on the list.

HB 1770 does not grant unlimited authority to the Superintendent for Public Instruction. Families would still be free to choose any test (nationally normed or otherwise) under option ii, just as they have for many years. Families would still be free to choose to do a portfolio or independent evaluation under option ii, just as before.

Please feel free to contact VaHomeschoolers directly if you have any additional questions or concerns about HB 1770 or current homeschooling law. We are happy to talk with you at any time.

This message may be forwarded to any homeschooler you know who may be interested in this legislation.

VaHomeschoolers Legislative Report

February 16, 2005
by Celeste Land, Government Affairs

Latest on VaHomeschoolers Testing Bills HB 1767 and HB 1770

The lobbying team of the Organization of Virginia Homeschoolers (VaHomeschoolers, formerly VHEA) has been extremely busy this past week, as both our bills passed out of the Senate in their journey to become laws.

HB 1767 (Dillard, R-Fairfax), a bill requested by VaHomeschoolers to require school districts to inform homeschoolers of the availability of PSAT and AP testing and financial aid programs, was approved by the full Senate on February 14 by a unanimous vote. HB 1767 has experienced very smooth sailing through the legislature, with every single legislator in both chambers and both political parties voting for the bill. HB 1767 now goes to Governor Warner, who is expected to sign the bill into law sometime in the next few weeks.

HB 1770 (Dillard, R-Fairfax), a bill requested by VaHomeschoolers to expand the number of testing options for parents filing under the home instruction statute (22.1-254.1), was also approved unanimously by the full Senate on February 14, after being significantly amended in committee on February 10.

Because the bill had been amended in the Senate, HB 1770 had to return to the House of Delegates for its reconsideration. Because the current language of the bill was not acceptable to the patron or the Department of Education (DOE), the House voted this afternoon to reject the Senate's amendments to the bill, and to send the bill into a "conference committee" to resolve the differences. The conference committee is expected to meet cometime later this month to work on the bill. VaHomeschoolers is working with the patron and DOE to craft language which is acceptable to all parties involved.

Latest on Tax Credit Bill for Homeschoolers

VaHomeschoolers continues to monitor the progress of SB 1239 (Potts, R-Winchester), a bill to give tax credits to teachers for certain types of educational expenses.

Originally written to include homeschooling parents, SB 1239 was amended by the Senate Finance Committee to exclude homeschoolers. This week, Delegate Lingamfelter (R-Woodbridge) proposed an amendment to SB 1239 which would reinsert language about "home school teachers" into the bill. Delegate Lingamfelter's amendment was approved by the House Finance Committee on February 14. The House of Delegates is expected to vote on the amended bill this week. If SB 1239 is approved by the House, it will go back to the Senate for reconsideration as an amended bill.

VaHomeschoolers continues to research the implications if SB 1239 were to become law. At first glance, the bill promises a deduction of up to $250 from one's taxes. However, what it actually provides is a deduction of up to $250 from one's Virginia adjusted gross income (VAGI). Actual tax savings would be slim: given a straightforward tax return and a tax rate of 5.75 %, we calculate this would reduce a family's state income taxes by $14.38.

Persons wishing to express an opinion on legislation should contact their own delegate or senator as appropriate. For complete text of these or any bills, see "Legislative Information" on the General Assembly's web page at http://legis.state.va.us/ or contact VaHomeschoolers for more information.

The General Assembly's Constituent Viewpoint office provides a toll-free, intrastate telephone message center (during session) to take calls from citizens of the Commonwealth wishing to express an opinion on legislation. Callers will be asked to provide their name, address, and the issue on which they are expressing their opinion. The message will be transmitted to the constituent's appropriate legislators. If a caller seeks additional information concerning legislation or wishes to speak directly with a legislator, the operator will provide the telephone number. The hours of operation are from 8:30 a.m. until 5:00 p.m. The number for the toll-free opinion line is (800) 889-0229. Callers in the Richmond area may dial (804) 698-1990.

VaHomeschoolers Legislative Report

February 10, 2005
by Celeste Land, Government Affairs

UPDATE ON VaHomeschooler BILLS HB 1767 AND HB 1770

HB 1767 and HB 1770, bills patroned by Delegate Dillard (R-Fairfax) and requested by the Organization of Virginia Homeschoolers (VaHomeschoolers) continue to make progress through the General Assembly. This morning, both HB 1767 and HB 1770 were discussed by the Senate Education & Health Committee.
VaHomeschooler lobbyists Scott Price and Parrish Mort spoke on behalf of both bills.

HB 1767 (Dillard, R-Fairfax) was approved unanimously by the Senate Education & Health Committee this morning and now goes to the full Senate for its approval. This bill, requested by VaHomeschoolers, would require school districts to notify homeschooling families of the availability of Preliminary Scholastic
Aptitude Test (PSAT) and Advanced Placement Exam (AP) testing in the public schools. HB 1767 would make it easier for teen homeschoolers to register for the PSAT and AP exams through the public schools. VaHomeschoolers supports HB 1767.

HB 1770 (Dillard, R-Fairfax) was also approved unanimously by the Senate Education & Health Committee, after being significantly amended. This bill, requested by VaHomeschoolers, would expand the number of testing options for parents filing under home instruction statute 22.1-254.1. VaHomeschoolers
supports HB 1770.

When HB 1770 was heard before the Education & Health Committee this morning, HSLDA proposed new language. During committee, in cooperation with Chairman Potts, Delegate Dillard, Senator Martin, and the Department of Education, the language of HB 1770 was amended so as to now allow for any nationally normed standardized achievement test to fulfill option i of statute 22.1-254.1 relating to evidence of progress. This language was the original language proposed by VaHomeschoolers at the beginning of the session, which had been subsequently amended by the Legislative Information System.

We hope that this amended language will pass through the Senate and House of Delegates. However, we are aware that the new language raises concerns in some quarters. The teachers' organization VEA (Virginia Education Association) spoke against the bill as amended, although VEA does not plan taking specific action against the bill at this time. We hope that this new amendment to this bill does not lead to its detriment.

VaHomeschoolers will continue to work hard for the passage of both HB 1767 and HB 1770, and will keep its members informed of the progress of both bills as they make their way through the legislature.

UPDATE ON TAX CREDIT LEGISLATION IN GENERAL ASSEMBLY
This has been a busy year for educational tax credit legislation in the General Assembly. Numerous tax credit bills of interest to homeschooling families have been introduced. Most have died in committee or have been amended so as to no longer affect homeschoolers.

SB 1239: Tax Credit for Teachers Does Not Impact Homeschoolers VaHomeschoolers has been asked whether SB 1239 (Potts, R-Winchester), a bill to provide a $250 tax credit to educators who purchase materials for use in their classroom, would apply to homeschooling families. While the original language of SB 1239 did include homeschooling parents, the bill does not provide a tax credit to homeschoolers at this time. Senator Potts originally envisioned this tax credit as going to all educators, including homeschooling parents, and wrote his bill with homeschoolers in mind. The original language in SB 1239 referred to "costs incurred by a primary or secondary public school, private school, or home school teacher in the Commonwealth to purchase materials used in teaching....." However, when SB 1239 went before the Senate Finance Committee on February 1, the language was changed to read "costs incurred by a teacher, as that term is defined for federal tax purposes, to purchase books, supplies, computer equipment (including related software and services) and other equipment, and supplementary materials used in the classroom...."

The Internal Revenue Service does not consider homeschooling parents to be "teachers" or "educators" for tax purposes. The IRS considers homeschooling expenses to be personal, nondeductible expenses. To qualify for the federal "Educator Expense Deduction", an "educator" is defined in federal code as a teacher, instructor, counselor, principal, or aide who works at a public or private school for at least 900 hours per year.

Virginia Code Section 22.1-254 very clearly states that "Instruction in the home of a child or children by the parent, guardian or other person having control or charge of such child or children shall not be classified or defined as a private, denominational or parochial school." VaHomeschooler lobbyists met with Senator Potts' staff today to discuss the amended language of SB 1239. Senator Potts and his staff did not intend homeschoolers to be excluded from receiving this tax credit, and were unaware of the impact of this language on the bill. VaHomeschoolers commends Senator Potts for his interest in homeschoolers, and looks forward to working with him on homeschooling-related legislation in the future.

HB 1942/HB 2914: Tax Credit Bills No Longer Affect Homeschoolers In an earlier Legislative Report, VaHomeschoolers discussed HB 2914 (Saxman, R-Staunton), which would have provided a tax credit to individual parents for certain educational expenses. HB 2914 was tabled (killed) by the House Finance
Committee on Feb 2.

There has been some confusion about HB 2914 because of its connection to HB 1942, another tax credit bill by Delegate Saxman which is still alive at this time. The House Finance Subcommittee originally voted to combine HB 2914 with HB 1942, a bill to give tax credits to businesses who contribute to funds for at risk children. However, later that week, the House Finance Committee decided to table (kill) HB 2914 while approving HB 1942 with amendments. HB 1942 never officially affected homeschooling interests, and the bill does not affect homeschoolers at this time.

Other Tax Credit Legislation Dies
Several other tax credit bills of interest to homeschoolers have died in committee in the General Assembly in the past few weeks:

Persons wishing to express an opinion on legislation should contact their own delegate or senator as appropriate. For complete text of these or any bills, see "Legislative Information" on the General Assembly's web page at http://legis.state.va.us/ or contact VaHomeschoolers for more information.

The General Assembly's Constituent Viewpoint office provides a toll-free, intrastate telephone message center (during session) to take calls from citizens of the Commonwealth wishing to express an opinion on legislation. Callers will be asked to provide their name, address, and the issue on which they are expressing their opinion. The message will be transmitted to the constituent's appropriate legislators. If a caller seeks additional information concerning legislation or wishes to speak directly with a legislator, the operator will provide the telephone number. The hours of operation are from 8:30 a.m. until 5:00 p.m. The number for the toll-free opinion line is (800) 889-0229. Callers in the Richmond area may dial 698-1990.

VaHomeschoolers Legislative Report

January 31, 2005
by Celeste Land, Government Affairs

Update on Tax Credit Legislation in House of Delegates

The Virginia General Assembly is currently considering several different bills which would provide tax credits for homeschooling families. Because VaHomeschoolers' membership has historically been sharply divided over the issue of tax credits for homeschoolers, we do not support or oppose any homeschooling tax credit legislation. We do monitor such legislation closely for its possible impact on homeschoolers, and work with the patrons to craft or amend such legislation as needed.

Recently VaHomeschoolers has been asked about HB 2914 (Saxman, R-Staunton), "The Public/Private Education Investment Tax Credit" bill, and its possible implications for homeschoolers. HB 2914 is primarily directed towards businesses and individuals who make donations to nonprofit education foundations, but there is a section of the bill which would directly impact homeschooling families.

Section 58.1-439.19, paragraph A 2 says that individual taxpayers may receive a tax credit equal to 25 percent of either the amount they contribute to a nonprofit education foundation OR the total education expenses paid by the taxpayer for a student who is claimed as a dependent on their tax return. This amount cannot exceed $800 for an individual return or $1200 for a joint return.

"Qualified educational expenses" are defined in HB 2914 as meaning "school related tuition and instructional fees and materials, including textbooks, workbooks, and supplies used solely for school-related work." This means that expenses for sports lessons, music lessons, travel, field trips, etc. would not be counted as educational expenses by the Department of Taxation.

It remains unclear how HB 2914 would work in practice if the bill were to become law. HB 2914 says nothing about how taxpayers would file to receive their tax credit for educational expenses, or what sort of documentation or verification would be required. VaHomeschoolers will be discussing these issues with the patron in the very near future.

Because of the definition of "qualified educational expenses", not all homeschooling families would qualify to receive a tax credit under HB 2914. Of those families who did qualify, the benefits could be significant, but few families are likely to receive as much as $1200 per year. For instance, a family who spends $2400 a year on prepackaged curriculum for their three children would only receive a tax credit of $600.

There are several other tax credit bills of special interest to homeschoolers in the legislature this year. VaHomeschoolers expects action to be taken on the following bills in the next two weeks, and will report to its members on their status in upcoming Legislative Reports:

HB 1529 (Frederick; R-Woodbridge) and HB 1898 (Carrico; R-Independence) would provide an annual income tax credit of up to $500 for costs incurred by "any individual who teaches children in grades kindergarten through 12" for "materials used in teaching" or "supplies used in their classroom"
respectively.

HB 1811 (Marshall; R-Manassas) would provide a real estate tax credit for taxpayers in Prince William County who reside in overcrowded public school districts and send their children to a "nonpublic school or educational program that satisfies the compulsory school attendance requirements of 22.1-254."

HB 2030 (Amundsen; D-Mt Vernon) would provide a tax credit of $300 for parents of children ages 10 and under who stay at home with their children.

SB 1239 (Potts; R-Winchester) would provide an annual income tax credit of up to $500 for public, private and "home school teachers" to purchase "materials used in teaching".

Persons wishing to express an opinion on legislation should contact their own delegate or senator as appropriate. For complete text of these or any bills, see "Legislative Information" on the General Assembly's web page at http://legis.state.va.us/ or contact VaHomeschoolers for more information.

The General Assembly's Constituent Viewpoint office provides a toll-free, intrastate telephone message center (during session) to take calls from citizens of the Commonwealth wishing to express an opinion on legislation. Callers will be asked to provide their name, address, and the issue on which they are expressing their opinion. The message will be transmitted to the constituent's appropriate legislators. If a caller seeks additional information concerning legislation or wishes to speak directly with a legislator, the operator will provide the telephone number. The hours of operation are from 8:30 a.m. until 5:00 p.m. The number for the toll-free opinion line is (800) 889-0229. Callers in the Richmond area may dial 698-1990.

VaHomeschoolers Legislative Report

January 28, 2005
by Celeste Land, Government Affairs

It has been an eventful session for homeschooling interests in this year‘s General Assembly. VaHomeschoolers' full-time lobbyist has been busy making the rounds, talking with legislators, attending important committee meetings, and making sure that Virginia's homeschooling community is well represented in Richmond this year.

Status of VaHomeschoolers' Bills HB 1767 and HB 1770

HB 1767 and HB 1770, two bills patroned by Delegate Dillard (R-Fairfax) and requested by VaHomeschoolers, continue to do very well in the legislature. Many legislators, lobbyists, and staffers in the General Assembly have praised HB 1767 and HB 1770 for their clarity and quality.

Both HB 1767 and HB 1770 were approved unanimously by both the House Education Committee and the full House of Delegates; HB 1767 passed the House by a vote of 94-0, while HB 1770 passed the House by a vote of 98-0. Both bills now go to the Senate Education & Health Committee, for consideration sometime in early February. VaHomeschoolers will continue to keep its members updated on the progress of these important bills as they make their way through the legislature.

PSAT/AP Testing: HB 1767 would make it easier for teen homeschoolers to register for the PSAT (Preliminary Scholastic Aptitude Test) and AP (Advanced Placement) exams through the public schools. This bill would require school districts to notify homeschooling families of the availability of Preliminary Scholastic Aptitude Test (PSAT) and Advanced Placement Exam (AP) testing in the public schools. This bill would also require school districts to inform homeschooling families of the availability of financial aid for children from low-income families taking these exams. VaHomeschoolers supports HB 1767.

Some concerns have been expressed about whether the information collected under HB 1767 could be used to violate the privacy of homeschooling families. If this bill becomes law, it is anticipated that most school districts will notify families either through their public website or through their semiannual letters to parents who already file with the school district under the home instruction statute (22.1-254.1). No additional collection of information about homeschooling families would occur, but the bill would increase the opportunities for homeschoolers to participate in these tests.

Testing and Evaluation: HB 1770 would expand the number of testing options for parents filing under home instruction statute 22.1-254.1.

22.1-254.1 currently gives parents two options for testing and evaluating their children. They may submit "(i) evidence that the child has attained a composite score in or above the fourth stanine on a battery of achievement tests which have been approved by the Board of Education for use in the public schools or (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."

However, since the public schools stopped administering the Stanford 9 exams, there are no "achievement tests approved by the Board of Education for use in the public schools." So, all achievement tests now come under the judgment of the local school superintendent.

HB 1770 addresses this problem by directing the Superintendent of Public Instruction to maintain a list of achievement tests which can be used to provide evidence that a child has attained a composite score in or above the fourth stanine. This list would be compiled in partnership with VaHomeschoolers and HEAV, would be updated regularly, and would include the achievement tests most commonly used by homeschooling families. Families who chose to use tests not on this list would fall under option (ii) as in the past. This will give parents additional testing options and added flexibility for complying with the law. VaHomeschoolers supports HB 1770.

There has been some confusion about the language of HB 1770 currently on the Legislative Information System. At the request of VaHomeschoolers and the patron, HB 1770 was amended by the House Education Committee to reflect the original intent of the bill. However, due to clerical error, this improved language was not input into the database before the bill was voted upon by the House of Delegates. The correct language will be reintroduced in the Senate in the near future.

Interscholastic Sports Access Bills Die
HB 1731 (Cosgrove; R-Chesapeake) and HB 2297 (Fralin; R-Roanoke) both were stricken from the docket (killed) by the House Education Committee this week. These two similar bills would have required the Virginia High School League (VHSL) to develop guidelines for homeschooled students to participate in public school interscholastic sports. VaHomeschoolers lobbyist Scott Price spoke on behalf of HB 2297 at a recent meeting of the House Education subcommittee on students and day care issues, pointing out that this legislation would make it easier for homeschoolers in rural areas to play certain team sports.

Compulsory Attendance Bill Fails
SB 1290 (Hanger; R-Mt Solon), a bill to lower the compulsory attendance age by two months, was defeated by the Senate Education and Health Committee on January 27. Currently the compulsory attendance code 22.1-254 states that a child must attend school if they are age 5 by September 30. SB 1290 would have changed the cutoff point from September 30 to July 31. This would have meant that a child who turned age 5 on August 1, 2005, would not have to attend kindergarten until 2006.

Absentee Ballot Legislation
SB 838 (Cuccinelli; R-Centreville) was approved by the Senate Committee on Privileges and Elections this week, and is expected to be voted upon by the full Senate next week. SB 838 would allow registered voters who are caring for or "schooling at home" preschool or school-aged children to vote by absentee ballot. At the request of the Board of Elections, additional language has been added to SB 838 to ensure that names of the children of these voters would not be subject to public inspection or copying, to protect their privacy.

Immunization Issues:
Homeschooled children are subject to the same immunization laws as public school children, according to section 22.1-271.4. of Virginia Code.

HB 2040 (Hamilton; R-Newport News) was approved unanimously by the House Committee on Health, Welfare, and Institutions. HB 2040 would require children born before 1997 to receive the varicella (chickenpox) vaccine before sixth grade if they have not already had the disease. (Children born after July 1, 1997 are already required to receive the vaccine.) This bill now goes to the House Appropriations Committee for its approval.

Persons wishing to express an opinion on legislation should contact their own delegate or senator as appropriate. For complete text of these or any bills, see "Legislative Information" on the General Assembly's web page at http://legis.state.va.us/ or contact VaHomeschoolers for more information.

The General Assembly's Constituent Viewpoint office provides a toll-free, intrastate telephone message center (during session) to take calls from citizens of the Commonwealth wishing to express an opinion on legislation. Callers will be asked to provide their name, address, and the issue on which they are expressing their opinion. The message will be transmitted to the constituent's appropriate legislators. If a caller seeks additional information concerning legislation or wishes to speak directly with a legislator, the operator will provide the telephone number. The hours of operation are from 8:30 a.m. until 5:00 p.m. The number for the toll-free opinion line is (800) 889-0229. Callers in the Richmond area may dial 698-1990.

VaHomeschoolers Legislative Report

January 20, 2005
by Celeste Land, Government Affairs

The Virginia General Assembly has only been in session for a week, but much has happened already on the homeschooling legislative front. This edition of the VaHomeschoolers Legislative Report discusses some bills of interest to Virginia's homeschooling community, as well as VaHomeschoolers' role in representing homeschooling interests in Richmond this year.

PSAT Testing Notification (Update)
In our January 19 VaHomeschoolers Legislative Report, we discussed HB 1767 (Dillard, R-Fairfax), a bill requested by VaHomeschoolers to require school districts to inform homeschoolers of the availability of PSAT and AP testing in the public schools. On Thursday, January 20, HB 1767 passed the full House of Delegates by a 94-0 vote. HB 1767 now goes to the Senate for its approval. VaHomeschoolers supports HB 1767 and is working actively for its passage.

Testing and Evaluation Submission Dates
HB 2541 (Jones; R-Suffolk) would amend the Home Instruction Statute 22.1-254.1, changing the date for submitting testing and evaluation results to the local school district. Delegate Jones, a homeschooling father, introduced this bill to make it easier to comply with the law and to provide extra flexibility for parents whose test results may arrive later than usual.

In the original version of HB 2541, the date for submitting testing results was to be changed from August 1 to August 15 (the same date for submitting one's notice of intent paperwork). The House Education Committee amended HB 2541, changing the date from August 1 to "no later than two weeks before the beginning of the school year that follows." Since different school districts around the state begin their school year at different times (including some districts which open in mid-August), this would have made it harder for many families to comply with the state law.

VaHomeschoolers met with Delegate Jones and his staff and shared our concerns about HB 2541 in its amended version. Delegate Jones had no intention of making things more difficult for homeschoolers, and has decided to withdraw the bill. VaHomeschoolers thanks Delegate Jones for his support of homeschoolers, and looks forward to working with him on legislation in the future.

Access to Interscholastic Sports
HB 1731 (Cosgrove; R-Chesapeake) and HB 2297 (Fralin; R-Roanoke) are two similar bills which would require the Virginia High School League (VHSL) to develop guidelines for homeschooled students to participate in public school interscholastic sports. The VHSL currently only allows students to participate in interscholastic sports if they are currently enrolled full-time in the public schools and have passed at least five public school classes the previous semester. VaHomeschoolers lobbyists have met with both delegates to discuss alternative language which would strengthen their respective bills.

Parental Rights
HJ 712 (Byron; R-Lynchburg) would amend the Virginia state constitution to include the "God-given right" of parents to direct the upbringing and education of their children. "Parental rights" bills similar to HJ 712 have been introduced in numerous state legislatures over the past 10 years. The Home School Legal Defense Association (HSLDA) supported parental rights legislation in Virginia in 1997 and 1999, and has expressed an interest in promoting this type of legislation nationally in 2005.

The issue of parental rights remains controversial both inside and outside the homeschooling community for many reasons. While supporters of such legislation claim it would enhance homeschooling freedoms, many of the situations cited by supporters involve non-homeschooling issues. VaHomeschoolers has studied the parental rights issue and concludes that it is an issue of interest to parents in general, but not to homeschoolers in particular.

Absentee Ballots
SB 838 (Cuccinelli; R-Centreville) would allow registered voters who are caring for or "schooling at home" preschool or school-aged children to vote by absentee ballot. Senator Cuccinelli is a homeschooling father and introduced this bill to make it easier for parents of young children to exercise their right to vote.

Parental Leave
SB 713 (Potts, R-Winchester) would grant employees at least four hours of annual leave to attend or be involved in their child's school activities. As currently written, SB 713 would include families whose child attend public schools, private schools, preschools, and day care, but does not address the needs of families who use approved tutors, provide home instruction, or file under the religious exemption. Similar legislation was proposed in 2004 but died in committee. VaHomeschoolers has initiated a meeting with the patron to discuss alternative language which would address this matter.

Tax Credit Legislation
There are an unusually high number of educational tax credit bills under consideration in this year's General Assembly. Because VaHomeschoolers' membership has historically been sharply divided over the issue of tax credits for homeschoolers, we do not support or oppose any homeschooling tax credit legislation. We do monitor such legislation closely for its possible impact on homeschoolers, and work with the patrons to craft or amend such legislation as needed.

Tax credit bills of special interest to homeschoolers this year include:

Other tax credit legislation which would NOT impact homeschoolers as currently written include HB 1942 (Saxman; R-Staunton; tax credits for business who contribute to funds for at risk children); HB 2496 (Keister; D-Dublin; tax credit for specific types of school teachers); and SB698 (Potts; R-Winchester; tax deduction for "individuals employed as teachers").

Immunization Issues:
Homeschooled children are subject to the same immunization laws as public school children, according to section 22.1-271.4. of Virginia Code.

HB2040 (Hamilton; R-Newport News) would require children born before 1997 to receive the varicella (chickenpox) vaccine before 6th grade if they have not already had the disease. (Children born after July 1, 1997 are already required to receive the vaccine.) HB 2235 (O'Bannon;R- Richmond) would require children ages 11-12 to receive a tetanus booster if they have not already received one within the past five years.

Commendation
HJ 540 (Landes; R-Weyers Cave) This resolution, approved by the House of Delegates on January 14, commends the Augusta County 4-H Home School Envirothon team, for representing Virginia and winning second place in the national Canon Envirothon competition in summer 2004.

Persons wishing to express an opinion on legislation should contact their own delegate or senator as appropriate. For complete text of these or any bills, see "Legislative Information" on the General Assembly's web page at http://legis.state.va.us/ or contact VaHomeschoolers for more information.

The General Assembly's Constituent Viewpoint office provides a toll-free, intrastate telephone message center (during session) to take calls from citizens of the Commonwealth wishing to express an opinion on legislation. Callers will be asked to provide their name, address, and the issue on which they are expressing their opinion. The message will be transmitted to the constituent's appropriate legislators. If a caller seeks additional information concerning legislation or wishes to speak directly with a legislator, the operator will provide the telephone number. The hours of operation are from 8:30 a.m. until 5:00 p.m. The number for the toll-free opinion line is (800) 889-0229. Callers in the Richmond area may dial 698-1990.

VaHomeschoolers Legislative Report

January 19, 2005
by Celeste Land, Government Affairs

The Virginia General Assembly opened for business on January 12, beginning what promises to be a very eventful session for homeschooling interests. The legislature is considering an exceptionally large number of bills which directly affect homeschoolers. As always, the Government Affairs team of VaHomeschoolers (formerly known as VHEA) is working round the clock to make sure that Virginia's diverse community of homeschoolers is well represented in Richmond this year.

This year, VaHomeschoolers has requested two bills (HB 1767 and HB 1770) which we believe will benefit homeschooling families in our state. In this special Legislative Report, we would like to inform our members of the status of these two special bills as they make their way through the legislature.

PSAT/AP Testing Notification
HB 1767 (Dillard, R-Fairfax). This bill, requested by VaHomeschoolers, would require school districts to notify homeschooling families of the availability of Preliminary Scholastic Aptitude Test (PSAT) and advanced Placement Exam (AP) testing in the public schools. HB 1767 would also require school districts to inform homeschooling families of the availability of financial assistance to low-income and needy students who wish to take these exams.

Unlike the SAT exams, the PSAT and AP tests are only offered to students once a year, and are only administered through the public schools. While the College Boards encourage local school districts to work with homeschoolers, some homeschoolers in Virginia have experienced difficulties registering for these exams, or have even been prevented from registering at all.

HB 1767 would make it easier for teen homeschoolers to register for the PSAT and AP exams through the public schools. VaHomeschoolers supports HB 1767.

Status of HB 1767: On Monday, January 17, VaHomeschoolers lobbyists Parrish Mort and Scott Price spoke on behalf of HB 1767 before the House Education Committee. After a very brief discussion, the bill was approved unanimously by the committee and will soon be voted upon by the full House of Delegates.

Testing and Evaluation
HB 1770 (Dillard, R-Fairfax). This bill, requested by VaHomeschoolers, would expand the number of testing options for parents filing under home instruction statute 22.1-254.1.

22.1-254.1 currently gives parents two options for testing and evaluating their children. They may submit "(i) evidence that the child has attained a composite score in or above the fourth stanine on a battery of achievement tests which have been approved by the Board of Education for use in the public schools or (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."

However, since the public schools stopped administering the Stanford 9 exams, there are no "achievement tests approved by the Board of Education for use in the public schools." So, all achievement tests now come under the judgment of the local school superintendent.

HB 1770 addresses this problem by directing the Superintendent of Public Instruction to maintain a list of achievement tests which can be used to provide evidence that a child has attained a composite score in or above the fourth stanine. This will give parents additional testing options and added flexibility for complying with the law. VaHomeschoolers supports HB 1770.

Status of HB 1770: VaHomeschoolers lobbyist Scott Price spoke on behalf of HB 1770 when it was discussed by the House Education Committee on Wednesday, January 19, 2005. The bill passed the committee unanimously and now goes to the full House of Delegates for its approval.

Before HB 1767 or HB 1770 can become law, they must be approved by the full House of Delegates, the Senate Education and Health Committees, and the full Senate. VaHomeschoolers will continue to keep its members informed of the progress of these important bills as they make their way through the legislature.

Persons wishing to express an opinion on legislation should contact their own delegate or senator as appropriate. For complete text of these or any bills, see "Legislative Information" on the General Assembly's web page at http://legis.state.va.us/ or contact VaHomeschoolers for more information.

The General Assembly's Constituent Viewpoint office provides a toll-free, intrastate telephone message center (during session) to take calls from citizens of the Commonwealth wishing to express an opinion on legislation. Callers will be asked to provide their name, address, and the issue on which they are expressing their opinion. The message will be transmitted to the constituent's appropriate legislators. If a caller seeks additional information concerning legislation or wishes to speak directly with a legislator, the operator will provide the telephone number. The hours of operation are from 8:30 a.m. until 5:00 p.m. The number for the toll-free opinion line is (800) 889-0229. Callers in the Richmond area may dial 698-1990.

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