The Organization of Virginia Homeschoolers
VaHomeschoolers.org
Your Resource. Your Voice. Your Association.
The Organization of Virginia Homeschoolers
VaHomeschoolers.org
Your Resource. Your Voice. Your Association.
Read all of The Organization of Virginia Homeschoolers' 2006 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.
November 10, 2006:
Meeting with Department of Education
June 5, 2006:
FAQs About Recent Changes to Home Instruction Statute
April 13, 2006:
Governor Kaine Approves Homeschooling Legislation
March 10, 2006:
Homeschooling Bills Advance to Governor
February 20, 2006:
Update on Homeschooling Legislation in General Assembly
January 31, 2006:
Homeschooling Bills Advance to Senate
January 25, 2006:
Update on Homeschooling Legislation
January 24, 2006:
Restrictive Bill HB 537 Dies in Subcommittee
January 19, 2006:
VaHomeschoolers Introduces Home Instruction Improvements, PSAT Legislation
January 13, 2006:
New Home Instruction Bill HB 537 Would Heavily Regulate Homeschoolers
On Wednesday, November 8, lobbyists from the Organization of Virginia Homeschoolers (VaHomeschoolers) met with representatives from the Virginia Department of Education (DOE) to discuss policy issues pertaining to homeschooling. Representatives from the Home Educators Association of Virginia (HEAV) and the Home School Legal Defense Association (HSLDA) were also in attendance. This meeting was called at the request of VaHomeschoolers, in response to questions and concerns from our members regarding curriculum descriptions, transfer credits, and virtual charter schools.
Homeschoolers in several counties this year have reported problems with school divisions not accepting their description of curriculum, which is required by law for home instruction filers. Problems are varied, ranging from some parents not submitting sufficient information to some school divisions asking for far more than the law requires. There is some confusion as to what constitutes a "description of curriculum", as opposed to a "course description", a "syllabus", or a "description of parental philosophy".
A recent memo from the Virginia Department of Education (DOE) on this subject (Home Instruction Guide (pp. 3-4)) attempts to address these concerns. Unfortunately, the memo's examples of curriculum descriptions are also problematic, emphasizing course goals and objectives rather than simply describing the curriculum. While the memo's examples are intended only to be guidelines, some school divisions are now asking all homeschoolers to follow them when submitting curriculum descriptions.
The Department of Education is working with VaHomeschoolers, HEAV, and HSLDA to craft better curriculum description examples. We look forward to working with DOE on this matter, and are hopeful that we will reach a positive outcome. Meanwhile, if you have questions or concerns about curriculum descriptions, please read VaHomeschoolers' recent newsletter article on this subject.
Virginia law requires local school divisions to make provision for homeschooled students who are transferring from home school to high school. (§22.1-253.13:4 Subsection A) However, some school divisions refuse to accept homeschool transfer credit, or only accept certain types of coursework for high school credit. Evidently transfer students from various private schools are encountering similar problems. The Department of Education (DOE) has spent much of the year revising the Standards of Accreditation (SOAs) to address these problems.
The new SOAs require public schools to accept credits toward graduation from schools which are accredited constituent members of the Virginia Council for Private Education (VCPE). So if a homeschooled student takes a high school level course from a correspondence school or private school which is accredited through or affiliated with VCPE, he should automatically receive credit for that course if he transfers to a public high school.
According to our dialogues with DOE, if a homeschooled student takes courses through any other school or program and then transfers to a public high school, the school division is required to evaluate the coursework to decide whether it generally matches the description of a course offered through the public schools. The school division cannot reject the coursework as a matter of policy without reviewing it first.
VaHomeschoolers will continue to follow up with DOE and local school divisions to help ensure compliance with the new SOAs. We appreciate DOE's assistance with this matter, and look forward to working with them in the future on this and other issues.
VaHomeschoolers has learned that Nelson County has created a partnership with K12, Inc. to create a "virtual learning academy" which reportedly combines public schooling and homeschooling to create a new alternative for parents. Students would receive public school instruction through K12, while working at home, at taxpayers' expense.
This is to our knowledge the first case of a "virtual charter school" in Virginia. K12 Inc has established similar programs in other states. While the idea can be appealing in theory, parents in other states have found that enrolling in this type of program caused them to lose their status as homeschoolers for accountability and other purposes. You can read more about this here as well as elsewhere on the Internet.
The legal status of this particular program is ambiguous under Virginia law at this time. It is unclear whether children who use this program would be considered public school students, home instructed students, charter school students, or some strange new combination as yet unrecognized under Virginia law.
The Virginia Department of Education is researching the situation in Nelson County, and will report to us in the near future. In the meantime, we recommend that parents in Nelson County be extremely cautious about enrolling in this program until further notice.
If you have questions or concerns about these or any other homeschooling legislative or policy issues, please contact Government Affairs. We look forward to hearing from you.
Monday, June 5, 2006
by Celeste Land, Government Affairs
This year's combined changes to the Virginia home instruction statute (22.1-254.1) represent the biggest and most significant set of changes to our state's homeschooling laws in many years. The changes to the home instruction statute go into effect on July 1, 2006.
What do the changes to the law mean for you personally? How do they affect how your family will file its paperwork this year?
As I write this article in early June, the Organization of Virginia Homeschoolers continues to collaborate with the Virginia Board of Education to determine how the new laws will be interpreted and implemented across the state. While much is still unsettled, we do have answers to many of your questions about how these changes to the home instruction statute will work in practice.
You can view the text of the new home instruction statute (22.1-254.1) as it will read after July 1, 2006 on the VaHomeschoolers 2006 Home Instruction Statute Changes page.
Q: I have a high school diploma, and have always filed my notice of intent paperwork under option iv. How will I file my notice of intent under the new law?
A: If you have a high school diploma, you may now file your notice of intent under option i (section 22.1-254.1 A). You will need to send your local school district a copy of your high school diploma. If you don't have a copy of your high school diploma, you may send a copy of your high school transcript instead. (You can get a copy of your transcript by contacting your old high school. There may be a processing fee charge.)
As an option i filer, you will no longer need to submit a description of how your curriculum includes the Standards of Learning, or an explanation of why you are qualified to educate your child at home. Like all parents who file under the home instruction statute, you will still need to submit a description of your course of study to the school district. (section 22.1-254.1 B). However, according to the Virginia Department of Education, "the superintendent is not required to evaluate or judge the curriculum or program of study [for option i or ii filers]. Submission of the curriculum materials is for information purposes only." Source
Q: I have a GED. Can I file my notice of intent paperwork under option i under the new law?
A: Probably not. The Virginia Board of Education is still deliberating this point. However, the Board of Education does not recognize the GED as a "diploma" in other contexts, so it is unlikely that they would consider the GED as a diploma in this situation. You can still file your notice of intent paperwork under either options iii or iv. (Section 22.1-254.1 A)
Q: I have a college diploma, and have always filed under option i in the past. Do I now need to dig up my high school diploma to continue homeschooling? I don’t even know where it is!
A: The Virginia Board of Education has told the Organization of Virginia Homeschoolers that anything above a high school diploma will be considered acceptable documentation for option i filers. So a college diploma should be acceptable for option i filing purposes. If your local school district already has a copy of your college diploma on file, there is no need to provide additional documentation.
Q: Even with the new law, I still need to file under option iv. How does the new law change what I need to do?
A: Under the new law, option iv filers must either submit a program of study or curriculum which includes the standards of learning objectives for language arts and mathematics or provide evidence that you are able to provide an adequate education for your child. Under the old law, you had to provide both; now you may choose one or the other. (Section 22.1-254.1 A) Regardless of which option you choose, you will still need to submit a description of the curriculum, as do all home instruction filers (section 22.1-254.1 B).
Q: When should I file my notice of intent paperwork for the 2006-2007 school year? Before or after July 1, 2006?
A: That's up to you. Your notice of intent paperwork for the 2006-2007 school year is due on August 15, 2006. If you submit this paperwork after July 1, your paperwork will be processed under the new laws. If you submit this paperwork before July 1, your paperwork will be processed under the old laws. Depending on your filing situation, you may wish to wait until after July 1 to file your notice of intent paperwork.
Q: How will the new law affect me when I file my testing/evaluation paperwork at the end of the school year?
A: The new law provides objective testing options for families who submit achievement test scores to their local school district. If you submit results in or above the fourth stanine from any nationally normed standardized achievement test after July 1, 2006, the school district is now required to accept those results as proof of progress. (The old law concerning the fourth stanine only applied to tests "approved by the Board of Education"; there have been no such tests for several years.) If you submit any other forms of evaluation, they will still be considered under option ii, and must simply determine that the child is achieving adequate progress. (Section 22.1-254.1 C)
Q: I haven't sent in my testing/evaluation paperwork for the 2005-2006 school year yet. Should I send it in before or after July 1, when the new law goes into effect?
A: Again, that's up to you. Your testing/evaluation paperwork for the 2005-2006 school year is due on August 1, 2006. If you submit this paperwork AFTER July 1, your paperwork will be processed under the new laws. If you submit this paperwork BEFORE July 1, your paperwork will be processed under the old laws. Some parents may wish to wait until after July 1 to submit their child’s test scores to the school district.
Note: All testing/evaluation paperwork for the 2006-2007 school year will be processed under the new laws.
Q: My son will be attending public school this fall, but I may pull him out and homeschool him later in the year if things don't work out at his new school. How does the new law affect mid-year withdrawals and filing?
A: The new law clarifies the home instruction statute regarding mid-year withdrawals, stating that a parent who begins home instruction after the school year has begun shall notify the division superintendent of his intentions as soon as practicable, and then has 30 days thereafter to file the notice of intent and accompanying paperwork (curriculum, copy of high school diploma, etc.). (Section 22.1-254.1 B)
Although mid-year withdrawal has been legal for many years, we hope that this legislative change will prevent further misunderstandings between homeschoolers and school districts. The Organization of Virginia Homeschoolers continues to work with the state Board of Education to ensure that this part of the new law is appropriately implemented across the state.
Q: My homeschooled teen wants to take the PSAT this year. How will this work under the new law?
A: The new law requires public school districts to make the PSAT and AP exams available to home instructed students. (Section 22.1-254.1 F) To sign up for the PSAT or AP tests, contact your local public or private high school guidance office. Some school districts have registration information for these exams on their websites.
If your teen wishes to take the PSAT this fall, we recommend registering as soon as possible to avoid last-minute disappointments. Some school districts ask that students register in the spring if they wish to take the exam in the fall.
This year, the PSAT exam will be administered on either Wednesday, October 18 or Saturday, October 21, 2006. The AP exams will be administered in early May 2007. You can read more about these exams and how to register as a homeschooled student at College Board - SAT Registration
Q: What if I still have questions or concerns about the new home instruction law? What if something goes awry when I file my paperwork with my school district this year? Who can I call for help or answers?
A: Over the coming month, we will be updating the VaHomeschoolers website to reflect these changes to the law. Be sure to continue to check our website and read our Legislative Reports and Updates for the most up-to-date information on homeschooling in Virginia.
You may contact the Organization of Virginia Homeschoolers at any time with your questions or concerns about the new homeschooling law. Please call our toll free number at 866-513-6173, or email Government Affairs. We look forward to helping you!
Thursday, April 13, 2006
by Celeste Land, Government Affairs
On April 4, Governor Kaine officially approved two bills, requested by the Organization of Virginia Homeschoolers, to amend the home instruction statute:
HB 1483 (Tata, R-Virginia Beach) will increase options for parents filing under option iv when filing their annual notice of intent. Parents filing under option iv will be able to file either a statement of curriculum which includes the SOLs or a statement about why the parent is qualified to teach their child. (Currently, both statements must be submitted when filing under option iv.) HB 1483 also clarifies the language regarding mid-year withdrawal from public schools, and provides objective testing options for families who submit achievement test scores to their local school district.
HB 1588 (Moran, D-Alexandria) will require school districts to make the PSAT and AP exams available to home instructed students.
On April 10, Governor Kaine recommended amending the "high school diploma bills", HB 1340 (Bell, R-Charlottesville) and SB 499 (Puckett, D-Tazewell), asking the state Board of Education to monitor the implementation of these bills and to report their findings to the General Assembly in 2008. VaHomeschoolers supports this recommendation, and expects it to be approved by the General Assembly in its special one-day session on April 19.
HB 1340 and SB 499 will amend the home instruction statute to allow parents with high school diplomas to file under option i when filing their annual notices of intent. (Currently, these parents would have to file under either option iii or iv, which require more paperwork.) Both bills were requested by the Home Education Association of Virginia (HEAV) and supported by VaHomeschoolers.
HB 1483 and HB 1588 will officially become law on July 1, for the 2006-2007 homeschooling year. Assuming the General Assembly approves the Governor's recommendation (which appears likely), HB 1340 and SB 499 will also officially become law on July 1. Until then, families should continue to file their notice of intent and testing/evaluation paperwork in accordance with the language of the old home instruction statute (22.1-254.1).
VaHomeschoolers will be meeting with the state Board of Education in the coming months to discuss how the new laws can best be implemented at the state and local level. We'll also be working with homeschoolers around the state, helping them understand how the new laws affect their families.
Persons wishing to express an opinion on legislation should contact their own delegate or senator as appropriate. For complete text of any bill, see "Legislative Information System" on the General Assembly's web page 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
You may contact Governor Kaine about this or any other legislation, via email, or write to the following address: Office of the Governor, Patrick Henry Building, 3rd Floor, 1111 East Broad Street, Richmond, Virginia 23219.
Friday, March 10, 2006
by Celeste Land, Government Affairs
2006 will be remembered as a pivotal year for homeschooling legislation in Virginia. This year, four homeschooling bills which would increase homeschooling freedoms have been approved by the Virginia General Assembly and now go to the Governor for his approval. If the Governor signs all these bills, which appears likely, this would represent the most sweeping change to the home instruction statute in recent memory.
The four bills before Governor Kaine are:
HB 1483 (Tata, R-Virginia Beach) increases options for parents filing under option iv of the notice of intent, clarifies the language regarding mid-year withdrawal of children from public school, and provides objective testing options for families who submit achievement test scores to their local school district;
HB 1588 (Moran, D-Alexandria) requires school districts to allow students filing under the home instruction statute to take the PSAT and AP exams;
HB 1340 (Bell, R-Charlottesville) the "high school diploma bill" allows parents without college degrees to file under option i of the notice of intent;
SB 499 (Puckett, D-Tazewell) is identical to HB 1340.
The current status of these bills is as follows:
HB 1483 (requested by VaHomeschoolers) passed both the House and Senate unanimously. This bill was amended by the Senate Education and Health Committee to reinsert deleted language about the "judgment of the division superintendent" in subsection A. Otherwise, the bill language remains unchanged from its original form. The Governor is expected to sign HB 1483 into law without amendment.
HB 1588 (requested by VaHomeschoolers) passed both the House and Senate unanimously. The Governor is expected to sign this bill into law without amendment.
HB 1340 and SB 499 (requested by HEAV, supported by VaHomeschoolers) passed both the full House and Senate with opposition. As with similar legislation introduced two years ago, many in the public education community (including the Virginia PTA) were concerned about whether these bills could "lower standards" for homeschooling families. In fact, this legislation merely changes the notification procedure.
In late February, Governor Kaine informed Delegate Bell and Senator Puckett that he intended to sign both bills, while amending them to include a provision requiring the state Board of Education to do a two-year study on the impact of the new law. No details were provided as to how such a study would be conducted. The proposed amendment represents an attractive compromise solution for all parties involved, addressing concerns while keeping the original language of the bill intact.
This is the end of the legislative process for these bills, but not the end of VaHomeschoolers' work by any means. The new laws will have a significant impact on local school districts and homeschooling families alike, affecting policies and procedures in every school district across the state. VaHomeschoolers will be meeting with the state Board of Education in the coming months to discuss how the new laws can best be implemented at the state and local level. We'll also be working with homeschoolers around the state, helping them understand how the new laws affect their families.
It takes a lot of people to turn homeschooling bills into laws. In Richmond, VaHomeschoolers lobbyists Scott Price, Parrish Mort, and Shay Seaborne ably represented our organization and worked hard to get our bills through the legislature. Across the state, our legislative monitors Jim Angel, Barb Benfante, Marjorie Cole, and Elizabeth McCullough toiled daily to keep our team updated on the status of all homeschooling-related bills as they made their way through the legislature. Thanks go to Delegates Bell, Moran, and Tata, as well as Senator Puckett, for patroning these bills for the homeschooling community. We appreciate the insight provided by Yvonne Bunn of HEAV and Scott Woodruff of HSLDA on the language of HB 1483. Most importantly, thanks go to you, our members, for supporting us in our legislative efforts.
Persons wishing to express an opinion on legislation should contact their own delegate or senator as appropriate. For complete text of any bills, see "Legislative Information" on the General Assembly's web page 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
To contact Governor Kaine about this or any other legislation, you may e-mail him at Contact Governor Kaine, or write to the following address: Office of the Governor, Patrick Henry Building, 3rd Floor, 1111 East Broad Street, Richmond, Virginia 23219.
Monday, February 20, 2006
by Celeste Land, Government Affairs
Four bills which would favorably amend the home instruction statute 22.1-254.1 continue to make progress in the Virginia General Assembly this year. The Organization of Virginia Homeschoolers (VaHomeschoolers) continues to lobby on behalf of these bills, which would benefit Virginia's homeschooling community.
The two identical "high school diploma" bills, HB 1340 (Bell, R-Charlottesville) and SB 499 (Puckett, D-Tazewell), have been approved by both sides of the legislature, and now travel to Governor Kaine for his approval. On Monday, February 20, the Senate voted to approve HB 1340 by a vote of 27-13. Shortly afterwards, the House of Delegates voted to approve SB 499 by a vote of 61-37.
Last week, both HB 1340 and SB 499 were addressed in committee. While the House Education Committee approved SB 499 unanimously on Monday February 13 after minimal discussion, HB 1340 received more scrutiny from the Senate Education & Health Committee on Thursday, February 16. In committee, VaHomeschoolers lobbyists Scott Price and Parrish Mort, as well as HEAV lobbyist Martin Brown and patron Delegate Bell, were there to speak on behalf of HB 1340, while Senator Saslaw (D-Springfield) and Diane Gillespie (a former PTA president, speaking as a private citizen) spoke against it. Much of the debate focused on whether homeschooled children were at a disadvantage in high school and/or college, and whether the new legislation would increase this supposed disadvantage. Following the debate, the Committee voted to approve HB 1340 by a vote of 8-6 with one abstention.
Under both HB 1340 and SB 499, parents with high school diplomas would be able to file a notice of intent to homeschool under option i of 22.1-254.1. At this time, most parents without baccalaureate degrees file under either option iii or option iv. HB 1340 and SB 499 would give parents without college degrees additional flexibility when complying with the home instruction statute. This legislation was introduced by HEAV, and is supported by VaHomeschoolers.
VaHomeschoolers' bills, HB 1483 (Tata, R-Virginia Beach) and HB 1588 (Moran, D-Alexandria) have been approved by the House of Delegates and are currently in the Senate Education & Health Committee.
HB 1483 (notice of intent, testing & evaluation) was approved unanimously by the committee on Thursday. However, subsequent questions from Senator Mary Margaret Whipple (D-Arlington) about some of the language in HB 1483 led to the committee's deciding to reconsider the bill next week. If passed, HB 1483 would increase options for parents filing under option iv of the notice of intent, clarify the language regarding mid-year withdrawal of children from public school, and provide objective testing options for families who submit achievement test scores to their local school district. VaHomeschoolers supports HB 1483.
HB 1588 (PSAT testing) has been sent to the Public Education Subcommittee of the Senate Education & Health Committee, which will consider it on Friday, February 24. HB 1588 would require school districts to implement plans to make the Advanced Placement (AP) and Preliminary Scholastic Aptitude Test (PSAT) examinations available to students receiving home instruction. VaHomeschoolers supports HB 1588.
In an earlier VaHomeschoolers Legislative Report, we talked about several educational tax credit bills which were introduced during this session. HB 1294 (Saxman, R-Harrisonburg) originally allowed educational tax credits for individuals as well as businesses. As originally written, this bill would have allowed homeschoolers and other individual taxpayers to receive a credit for certain "qualified educational expenses".
HB 1294 was substantially revised by the House Finance Committee. The new version allows individuals to receive a tax credit for contributing to specified "education foundations" or "scholarship foundations". Homeschoolers and others may receive scholarships from these foundations to pay for educational expenses, but they may not receive a tax credit for their educational expenses. The revised version of HB 1294 passed the House of Delegates by 55-45, and now goes to the Senate Finance Committee for its approval.
Yet another educational tax credit bill, SB 544 (Stotsch, R-Glen Allen) has been approved by the Senate Finance Committee and full Senate and now goes to the House for its approval. SB 544 allows individuals and businesses to receive tax credits for contributing to a special fund administered by the Comptroller's Office for sending children with disabilities to private schools. This bill does not directly affect homeschoolers at this time.
Meanwhile, the Senate Finance Committee rejected educational tax credit bill SB 189 (Martin, R-Chesterfield), which would have allowed educational tax credits for individuals (including homeschoolers). The Committee also carried over to next year educational tax credit bill SB 331 (Obenshain, R-Harrisonburg), which granted tax credits to low income parents whose children attended tuition-charging schools, with home schools specifically excluded from eligibility. VaHomeschoolers reported earlier on SB 615 (Wagner, R-Virginia Beach), a bill to establish qualification guidelines for child day care center employees which contained problematic language regarding homeschooled graduates. VaHomeschoolers worked with Senator Wagner to craft new language which would address these concerns. This bill was rejected by the Senate Rehabilitation & Social Services Committee.
Persons wishing to express an opinion on legislation should contact their own delegate or senator as appropriate. For complete text of any bills, see "Legislative Information" on the General Assembly's web page 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
January 31, 2006
by Celeste Land, Government Affairs
This has been an unusually eventful week for homeschooling legislation in the Virginia General Assembly. In the past two days, three bills to amend the home instruction statute have been approved by the House of Delegates and now go to the Senate for their approval. The Organization of Virginia Homeschoolers (VaHomeschoolers) is working hard in support of this legislation, which will benefit homeschoolers across the state.
VaHomeschoolers' two bills, HB 1483 (Tata, R-Virginia Beach) and HB 1588 (Moran, D-Alexandria) sailed through the full House of Delegates on Monday, January 30 by a 99-0 vote. HB 1483 (notice of intent; testing & evaluation) would increase options for parents filing under option iv of the notice of intent, clarify the language regarding mid-year withdrawal of children from public school, and provide objective testing options for families who submit achievement test scores to their local school district. HB 1588 (PSAT testing) would require school districts to implement plans to make the Advanced Placement (AP) and Preliminary Scholastic Aptitude Test (PSAT) examinations available to students receiving home instruction. We are very pleased with the progress of our bills so far, and look forward to reporting on their journey through the Senate in the weeks to come.
HB 1340 (Bell, R-Charlottesville), "the high school diploma bill", also passed the House of Delegates this week, but not without some opposition. On Monday, January 30, Delegate Armstrong (D-Martinsville) proposed amending HB 1340 on the floor of the House of Delegates. Delegate Armstrong's amendment would have required children whose parents did not have college degrees to pass the SOL exams for their grade level. After brief speeches against the amendment by Delegates Reid (R-Henrico) and Bell, the Speaker moved that the amendment was "not germane" (not appropriate for consideration by the House) because it dealt with student qualifications, not parental qualifications.
After this debate, HB 1340 was supposed to be engrossed (printed in an official manner prior to the actual vote on the bill on Tuesday). This is usually a pro forma step in the legislative process. However, Delegate Armstrong asked for a vote on the engrossment of HB 1340, and asked members to vote against engrossment because his floor amendment had not been adopted.
The House voted 60-38 to engross (print) HB 1340 on Monday, January 30, and actually voted to approve the bill itself on Tuesday, January 31, by a vote of 62-37. As with similar legislation passed in 2004, the vote was largely along party lines, with Republicans largely voting for the bill and Democrats largely voting against it.
HB 1340 now goes to the Senate for its approval. Meanwhile, identical bill SB 499 (Puckett, D-Tazewell) has passed the full Senate and now goes to the House for its approval. Even though these bills are identical to each other and have each been approved by their respective chambers, both bills must still go through the complete legislative process before they can go to the Governor. Ironically, because the bill was contested on the House side, the Senate is now more likely to scrutinize and contest HB 1340, even though it has already approved this same language earlier in the session.
Under HB 1340 and SB 499, parents with high school diplomas would be able to file a notice of intent to homeschool under option i of 22.1-254.1. At this time, most parents without baccalaureate degrees file under either option iii or option iv. HB 1340 would give parents without college degrees additional flexibility when complying with the home instruction statute. This legislation was introduced by HEAV, and is supported by VaHomeschoolers.
Persons wishing to express an opinion on legislation should contact their own delegate or senator as appropriate. For complete text of any bills, see "Legislative Information" on the General Assembly's web page 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
January 25, 2006
by Celeste Land, the Organization of Virginia Homeschoolers, Government Affairs
This morning, the House Education Committee met to vote on three bills to amend the home instruction statute. As always, the Organization of Virginia Homeschoolers (VaHomeschoolers) was there to represent Virginia's diverse homeschooling community.
VaHomeschoolers' bills, HB 1483 (Tata, R-Virginia Beach; miscellaneous changes to the home instruction statute) and HB 1588 (Moran, D-Alexandria; PSAT/AP testing) were unanimously approved by the full House Education Committee after little or no discussion. These bills are moving smoothly through the legislature at this time. You can read more about these bills in our earlier Legislative Reports.
Also considered by the House Education Committee was HB 1340 (Bell, R-Charlottesville). Introduced by HEAV, HB 1340 would allow parents with a high school diploma to file as providing home instruction under option i of 22.1-254.1. At this time, most parents without baccalaureate degrees file under either option iii or option iv. HB 1340 would increase the filing options for parents without college degrees. VaHomeschoolers supports HB 1340.
In a vote of 14 to 8, HB 1340 was approved by the House Education Committee, and sent to the full House. There is opposition to this bill. At present we are not sure of the position of the governor, which means that additional support from the House is advantageous. With that in mind, Delegate Bell has asked that homeschoolers who are so inclined call or e-mail to express their support for HB 1340. Please call or e-mail YOUR delegate to share your support for this bill. A simple statement that you support HB 1340 is sufficient. If your delegate was one of the 14 who voted for the bill in committee today, please thank them and ask them to continue their support.
Persons wishing to express an opinion on legislation should contact their own delegate or senator as appropriate. Find out who your delegate and senator are. For complete text of any bills, see "Legislative Information" on the General Assembly's web page 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.
January 24, 2006
by Celeste Land, the Organization of Virginia Homeschoolers, Government Affairs
On Monday evening, January 23, the House Subcommittee on Students and Day Care met to discuss HB 537 (Parrish, R-Manassas), a bill to amend the home instruction statute which would have imposed additional regulations on homeschooling parents. The Subcommittee voted to "pass by indefinitely" or "PBI" HB 537, which means that the bill is dead for this session for all intents and purposes. VaHomeschoolers opposed HB 537.
As reported earlier by VaHomeschoolers, the original version of HB 537 would have raised the minimum testing requirements for homeschoolers, required families to report to the school district whenever they changed curriculum mid-year, and given the local superintendent additional power to regulate and terminate home instruction programs. The version of the bill considered at the subcommittee meeting was somewhat different. The language about raising the testing requirements was deleted, and the language about additional powers for the superintendent was revised but still highly problematic.
Delegate Parrish introduced HB 537 at the request of John Boronkay, the Acting Superintendent of the Manassas City Public Schools, in response to a local situation involving custody issues. Dr Boronkay, Delegate Parrish, and a homeschooled teen from Manassas spoke on behalf of the bill, which they believed would be beneficial to homeschoolers. Delegate Parrish said in his speech that he supported homeschooling and that he did not intend this legislation to offend or hurt homeschoolers.
VaHomeschoolers lobbyist Parrish Mort (no relation to Delegate Parrish) and Yvonne Bunn of HEAV spoke against HB 537. They talked about how the bill would make it more difficult for parents to homeschool their children effectively and would result in more paperwork for the school district. They pointed out the redundancy of the language regarding probation, and the potential negative impact on school districts with large numbers of homeschooling families. VaHomeschoolers pointed out that HB 537 was based on an unfortunate custody situation, and that such situations are best handled on a case-by-case basis by the courts, rather than through the legislature.
Throughout the testimony against HB 537, the legislators were all shaking their heads in agreement, including the patron himself. Finally, a motion was made to pass HB 537 by indefinitely, which is a polite way of "killing" a bill, and the motion was approved by all but one delegate. While it is technically possible that HB 537 could still be resurrected in committee later in the session, this is probably the end of this dangerous legislation.
In an earlier Legislative Report, we told our members about our legislation in the General Assembly this year. We are pleased to report that both our bills now have bill numbers and patrons, and are accessible for viewing on the Legislative Information System (LIS) website at this time:
HB 1483 "The Home Instruction Revitalization Act of 2006" (patron Delegate Tata, R-Virginia Beach) would bring the home instruction statute into the twenty-first century, by increasing options for parents filing under option iv of the notice of intent, clarifying the language regarding mid-year withdrawal of children from public school, and providing objective testing options for families who submit achievement test scores to their local school district.
HB 1588 (patron Delegate Moran, D-Alexandria) would require school districts to implement plans to make the Advanced Placement (AP) and Preliminary Scholastic Aptitude Test (PSAT) examinations available to students receiving home instruction. This is a follow-up to clarify our legislation from last year, which required school districts to notify homeschoolers of the availability of these tests. Some school districts have interpreted this language as not requiring them to administer the tests.
Both HB 1483 and HB 1588 are expected to be considered by the House Education Committee in the near future. We will keep you informed of the progress of these 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 any bills, see "Legislative Information" on the General Assembly's web page 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.
January 19, 2006
by Celeste Land, the Organization of Virginia Homeschoolers, Government Affairs
The 2006 Virginia General Assembly officially opened for business on Wednesday, January 11, in what promises to be an exceptionally significant year for homeschooling legislation. Numerous important bills have been proposed which would directly affect the home instruction statute and Virginia's homeschooling community.
This year, the Organization of Virginia Homeschoolers (VaHomeschoolers) has two bills which would strengthen the home instruction statute and increase options for homeschooling families:
"The Home Instruction Revitalization Act of 2006"
(patron Delegate Tata, R-Virginia Beach) would bring the home instruction statute into the
twenty-first century, by increasing options for parents filing under option iv of the notice
of intent, clarifying the language regarding mid-year withdrawal of children from public school,
and providing objective testing options for families who submit achievement test scores to
their local school district.
Our PSAT bill (patron Delegate Moran, D-Alexandria) would require school districts to implement plans to make the Advanced Placement (AP) and Preliminary Scholastic Aptitude Test (PSAT) examinations available to students receiving home instruction. This is a follow-up to clarify our legislation from last year, which required school districts to notify homeschoolers of the availability of these tests. Some school districts have interpreted this language as not requiring them to administer the tests.
Both these bills were written during the off-season in cooperation with the Home Educators Association of Virginia (HEAV) and the Home School Legal Defense Association (HSLDA). Our bill language was approved in advance by VaHomeschoolers, HEAV, HSLDA, and the Virginia Department of Education, as well as the patrons. This collaboration improves the quality of the legislation overall and increases the likelihood that it will actually become law.
As of this writing, our two bills do not have bill numbers or official bill language. When a patron submits a bill for consideration, it must first be reviewed by the Legislative Information System (LIS) and its team of lawyers before it can be reviewed by a committee or the public. As some of our members will remember from previous years, sometimes this process will unintentionally change the language of a bill beyond recognition, or turn a "good bill" into a "bad bill". We hope for the best, and will keep our members informed of the status of these two significant bills as they make their way through the legislative process.
HB 1340 (patron Bell, R-Charlottesville) and SB 499 (patron Puckett, D-Tazewell) would amend option i of the home instruction statute (22.1-254.1) to permit parents with a high school diploma to provide home instruction. SB 499 has already passed the Senate Education & Health Committee by a 10-5 vote and now goes to the full Senate for its consideration. VaHomeschoolers supports HB 1340 / SB 499.
The current language of 22.1-254.1 requires parents seeking to provide home instruction to comply with one of the following options:
If HB 1340 and/or SB 499 became law, parents with high school diplomas would be able to file under option i of 22.1-254.1. At this time, most parents without baccalaureate degrees file under either option iii or option iv.
Some of our members will remember an identical high school diploma bill, HB 675, which passed the legislature in 2004 after much media attention, but was eventually vetoed by Governor Warner. Governor Kaine supported HB 675 in 2004 and is expected to support this legislation as well.
The language of HB 1340 / SB 499 was introduced by HEAV and agreed to by both VaHomeschoolers and HSLDA. VaHomeschoolers supports HB 1340 / SB 499 and is working on behalf of these bills in the legislature.
Last week, VaHomeschoolers reported on HB 537 (Parrish, R-Manassas), a dangerous bill which would raise the minimum testing requirements for homeschoolers, require families to report to the school district whenever they changed curriculum mid-year, and give the local superintendent additional power to regulate and terminate home instruction programs. You can read more about HB 537 in our January 13 Legislative Report. VaHomeschoolers opposes HB 537.
HB 537 has been referred to the Student/Day Care Subcommittee of the House Education Committee for its consideration. VaHomeschoolers is working with other homeschooling organizations and the patron to resolve this quickly and peacefully. We will keep you informed of its status in the weeks to come.
SB 615 (Wagner, R-Virginia Beach) would establish qualification guidelines for program directors, program leaders, and general staff for regulated child day care centers. The qualification guidelines for certain positions include the requirement of a "high school diploma or GED or verification of completion of a home school program approved by the state". This would exclude homeschool graduates who homeschooled under the religious exemption or approved tutor provision, and could also result in additional regulation of families who file under the home instruction statute. VaHomeschoolers is working with the patron of SB 615 to craft new language which would address these concerns.
As usual, there are several educational tax credit bills in the legislature this year which might affect homeschoolers. Because VaHomeschoolers' membership is 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.
SB 189 (Martin, R-Chesterfield) and HB 1294 (Saxman, R-Harrisonburg) are very similar bills which allow educational tax credits for individuals and businesses. Under both bills, individual taxpayers could receive a credit against their taxes for "qualified educational expenses", which are defined as "school-related tuition and instructional fees and materials, including textbooks and workbooks used solely for school-related work". (HB 1294 also considers "supplies" as a qualified educational expense.)
Under both SB 189 and HB 1294, the taxpayer would receive a "credit against any tax due...in an amount equal to...the total education expenses paid by the individual taxpayer for a student who is claimed as a dependent on the individual's income tax return of the individual taxpayer, not to exceed $800 for an individual taxpayer or $1,200 for taxpayers filing a joint return." Under SB 189, taxpayers who claimed such a credit would be required to submit receipts of their purchases to the Department of Taxation to verify their educational expenses.
Most of SB 189 and HB 1294 deal with how businesses and individuals could make tax-deductible contributions to public school foundations (to fund capital improvement projects or extracurricular activities) or to scholarship foundations (to provide aid to needy students who attend accredited private schools). Home schools in Virginia are not considered private schools (accredited or otherwise), so homeschooling parents could not receive scholarships from these foundations.
SB 331 (Obenshain, R-Harrisonburg) grants educational tax credits to low-income families in certain parts of the state whose children attend schools charging tuition. "Qualified schools" for the purposes of this bill specifically exclude home schools.
Persons wishing to express an opinion on legislation should contact their own delegate or senator as appropriate. For complete text of any bills, see "Legislative Information" on the General Assembly's web page 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.
January 13, 2006
by Celeste Land, Government Affairs
As the 2006 legislative session begins in Virginia, the Organization of Virginia Homeschoolers would like its members to be aware of an especially dangerous bill, HB 537, which has been introduced in the House of Delegates. If passed, HB 537 would create significant additional regulation and oversight for homeschoolers across the state. VaHomeschoolers opposes HB 537.
HB 537 (Parrish, R-Manassas) was introduced at the request of the Manassas City Public Schools, at least partially in response to a difficult situation involving a custody dispute. Hard cases make bad laws, and this particular bill, if passed, would have unfortunate implications for thousands of families well beyond the single case it was designed to address.
VaHomeschoolers is working with Delegate Parrish's office and other homeschooling organizations to try to resolve this quickly and peacefully. It is our hope that the patron will withdraw this legislation before it comes to committee. Delegate Parrish is a friend of homeschooling and did not intend to harm or offend homeschoolers with this legislation. As such, we do not recommend action by our members at this time. We will keep you informed of HB 537's status as the session progresses.
HB 537 would amend sections of the home instruction statute (22.1-254.1) regarding notification, testing/evaluation, and remediation plans:
HB 537 would require parents filing under the home instruction statute to immediately notify the division superintendent every time they changed their homeschooling curriculum during the year. This would impose a hardship on homeschooling families who frequently change curriculums during the school year to reflect changing circumstances and individual needs. It would make it harder for parents to make the best choices for their children's education, and would significantly increase the paperwork required of homeschooling parents.
Currently parents filing under the home instruction statute must provide evidence that their homeschooled child has attained "a composite score in or above the fourth stanine [24th percentile or higher] on a battery of achievement tests approved by the Board of Education for use in the public schools."
HB 537 would require scores in or above the fifth stanine [41st percentile or higher]. This would create an additional burden for homeschooling families whose children are making adequate progress but performing below grade level, and would make it harder for many families to continue homeschooling.
HB 537 would give the division superintendent the power to place a home instruction program on one year's probation or "terminate home instruction" if proof of progress is not submitted or if he does not approve of the parent's proposed remediation plan. The division superintendent already has these rights under section 22.1-254.1. There is no need to rewrite this section of the statute.
HB 537 would also give the division superintendent the power "to terminate home instruction at any time" if the parent's remediation plan is not satisfactory or "if it is evident that progress is not being made during the school year". This would place an additional burden on parents to prove that progress was being made throughout the school year, and would result in additional oversight and regulation for all homeschooling parents across the state.
Persons wishing to express an opinion on legislation should contact their own delegate or senator as appropriate. For complete text of HB 537 or any other bills, see "Legislative Information" on the General Assembly's web page 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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