WEST VIRGINIA
Department of Education Attempts Non-public School Census
The West Virginia Department of Education sent a form, WVDE 33-20-31, to all school districts in the state. The letter which accompanies this form instructs the schools to demand that all non-public school students fill out and return the form. The letter also instructs schools to insist on having home schoolers fill out the form.
Home schoolers under Exemption B(b) are under no legal obligation to respond to this request. Approved home schoolers under Exemption B(a) do need to respond. The department of education feebly tried to argue that WVDE 33-20-31 constitutes a school census, but a census under West Virginia law is (1) voluntary, (2) conducted by counties, not the department of education, and (3) not enforceable through any criminal or civil penalties.
It is absurd for the government to fight to get information it already has. If the department wants to tabulate information on home schoolers, they should just ask the school attendance officers to fill out form WVDE 33-20-31 by looking at the notices of intent which should already be on file for every Exemption (B)(b) home schooler.
