VIRGINIA
Home Schoolers Score Victories
In Virginia, parents have three options for legal home education. They may choose to operate under the certified tutor statute, the home school law, or the religious exemption statute. All three options have been under attack this year, and Home School Legal Defense Association has handled over 150 negative situations on behalf of Virginia members who were challenged by their local school districts.
Religious Exemption Battles
Home schoolers who have strong religious beliefs that make them opposed to sending their children to public school can acquire a religious exemption pursuant to Section 22.1-257(A)(2). The county in which the home schooler resides will determine whether the home schooler can obtain a religious exemption. In many counties, including Appomattox, Chesterfield, Fluvanna, Franklin, Henry, Loudoun, Virginia Beach, and Warren, home schoolers were able to obtain religious exemptions by simply submitting a letter describing their religious beliefs along with various supporting documents. HSLDA worked with many other member families in a dozen other counties, who were also able to obtain exemptions.
HSLDA Attorney Christopher Klicka had to write to several other school districts to educate them on the proper application of the religious exemption. He contacted county school boards in Accomack, Bedford, Botetourt, Halifax, Page, and Washington on behalf of HSLDA members. Every family was able to acquire a religious exemption.
HSLDA also assisted member families in several other counties where there were various types of problems. In Cumberland County, two HSLDA families faced uncertainty regarding their religious exemptions. HSLDA reminded the school board of our victory in the Dusancase, which involved a family that had been denied an exemption by that same school board. Both families were granted religious exemption. In Falls Church City, HSLDA's prodding finally produced a religious exemption for a family who had applied for one over a year ago.
In Frederick County, the school district insisted that two families bring their children in for an interview with school board and school staff members. HSLDA persuaded the school district to grant religious exemptions without meeting with the children. In Henrico, Roanoke City, Staunton City, and Gloucester, Attorney Klicka was able to convince the school board to grant religious exemptions to the HSLDA families without holding any hearings or meetings.
In a few places, such as Charlotte and Montgomery County, Attorney Christopher Klicka, accompanied by Attorney Scott Somerville, represented HSLDA families before their school boards. In Montgomery County, the school district's attorney tried to require the children of the Price family to attend the hearing. The family refused, since it was not required by law. At the hearing, Attorney Klicka was able to satisfy school board members who questioned the absence of the children. After a presentation and a number of questions from the school board members, the school board granted religious exemption in a 7-0-2 decision, with two members abstaining. It was the first religious exemption granted in that county for many years.
In Charlotte County, HSLDA represented the Dean family before the school board. This school board, in their remembrance, had never granted a religious exemption. After Attorney Klicka's presentation, the board members abandoned their prepared list of questions and asked only two or three minor questions. The superintendent recommended the family to receive a religious exemption, and all six board members ruled in favor of the Deans.
Religious exemption battles have been frequent all across the state. By God's grace, not a single family has been denied a religious exemption this year, making it a first in HSLDA's history at this point.
Certified Tutor Conflicts
Home-schooling families where the father or mother is a Virginia-certified teacher are eligible to operate under the certified tutor statute in Section 22.1-254(A) of the Virginia Code. Last year HSLDA won the Berlincase in the Prince William County Circuit Court based on this principle.
After the victory in Berlin, Attorney Christopher Klicka contacted William Bosher, the State Superintendent, and explained the ramifications of this decision. The Superintendent subsequently sent a memorandum to all the school districts in the state, informing them that parents are eligible to operate under the certified tutor statute. By God's grace, a circuit court case ended up achieving statewide precedent through the State Superintendent's memo!
Recently, an HSLDA family in Fauquier County was denied the right to operate under the certified teacher statute. After HSLDA contacted the Fauquier school authorities, they quickly reversed their denial, recognizing the family's right to operate under this statute.
Fairfax County, however, continues to hassle parents who have chosen this option, as more and more families are doing. HSLDA legal staff has been corresponding with this school district for the last two years. As of yet, no litigation has resulted. Several other counties recently hassled families over this option, but have since relented.
Home School Law Hassles
In Fairfax County, over 60 families are in limbo while the Fairfax County School Board refuses to recognize them. The reason for this refusal is that the school board will not "approve" the home schoolers' descriptions of their curricula. Fairfax County is one of the few counties in Virginia that insists that home schoolers have to submit elaborate descriptions of curricula, which is tantamount to submitting learning objectives for language arts and math. This information, of course, is only required of parents who do not have college degrees or who do not use a state-approved correspondence course.
HSLDA's position is that the school district has no authority to approve or disapprove descriptions of curricula. A list of subjects with corresponding textbooks is more than sufficient. Although HSLDA has been arguing this subject with the Fairfax County School District for three to four years, the school district still will not change. However, they have also not prosecuted or pursued these families with anything more than periodic nasty letters. HSLDA has recently submitted a letter through Delegate Jay Katzen, requesting that Attorney General James Gilmore render an opinion as to whether school districts have the authority to approve or disapprove descriptions of curricula. Hopefully, this will settle the situation with Fairfax County once and for all. We will report the Attorney General's opinion in a future issue.
In Henrico County, a home school family was told they could not exempt their five-year-old son from attending school as the law allows under Section 22.1-256(A)(4). After hearing from the HSLDA legal staff, Henrico quickly sent an apology to the family. In the letter, the school's social work supervisor stated,
I would consider the Home School Legal Defense as an extremely important resource for me as I have to make decisions regarding endorsement of parents who want to home school their children. I am by no means an adversary and support the right of parents to home school. I apologize for any inconvenience I may have caused … I would welcome any communication from the Home School Legal Defense." HSLDA was glad to receive this grateful response and is pleased that the school district wants to follow the law.
In Pittsylvania County, the school district insisted that a new home school mother use a curriculum which was essentially secular. The school official asserted that the state of Virginia would not allow her to use certain books, because they had "too much Bible" in them. Needless to say, this is completely inaccurate, and home schoolers in Virginia are free to set up their curriculum in any way they please. The family refused the school district's demand to review the textbooks. HSLDA has helped many more families throughout the state over various abuses of the home school law.
Testing
Anyone who operates under the home school law in Section 22.1-254.1 of the Virginia Code is required to submit the results of an evaluation or standardized achievement test by August 1 each year. The basic rule to remember is that regardless of the policy your local school district sets, you may have your child tested any time by anyone, using any standardized achievement test. School district policies are not binding, but merely the district's arbitrary interpretation.
We urge families not to use public school testing services, but to test privately to avoid potential hassles. Home schoolers are not required to use a specific standardized achievement test or a particular type of administrator. As long as a standardized achievement test shows that the child has scored in the 23rd percentile or higher, the family may legally continue to home school without being put on probation. HSLDA has contacted several school districts concerning improper testing policies, including Roanoke and Montgomery Counties. As a result, both counties have agreed to change their policies to properly reflect the home school law.
Custody Case Vindicates Home Schooling
Earlier this school year, an ex-husband filed a court action with the Juvenile/Domestic Relations District Court for Amherst County. The action asked the court to immediately forbid his ex-wife from continuing to home school their child, and to require her to enroll him in the public school system. The ex-husband further asked the court to transfer custody to him if the order was not complied with.
The mother contacted HSLDA and asked for assistance. HSLDA's guarantee of legal defense does not cover custody battles, but we provided the mother with certain successful home school custody cases and laid out several points that needed to be proved. The family independently hired an attorney, who was able to use HSLDA's information. Because of God's grace and the family's excellent representation by their attorney, the court ruled, "the home schooling of the minor child … does not contravene the best interest of the child, although against the wishes of the petitioner in his strongly held beliefs at the time of the hearing." (Tucker v. Brown, November 9, 1994, J&D District Court for the County of Amherst). This favorable ruling on behalf of a home school parent sets a new precedent for Amherst County and is helpful throughout the state.
Family Taken to Court Over Immunizations
In Virginia, home schoolers have the right to be exempted from immunization requirements based on their religious beliefs. When a home-schooling mother recently contacted her doctor and informed him that her five children had whooping cough, he demanded that she take them all to the Department of Health to be immunized. However, two of the children, who had already been immunized, still contracted the disease. Since this HSLDA member family has religious convictions against immunizations, they did not follow their doctor's orders and instead got a second opinion. The second doctor was pleased with the children's recovery and advised that immunizations were unnecessary.
Unfortunately, the first doctor referred the family to the local social services agency, who immediately filed a petition accusing the family of abusing and neglecting their children since they refused immunizations. HSLDA helped secure attorney William Beeton to represent the family in court. After an all-day hearing, the judge finally dismissed the social worker's petition. In the case In re Brianna, et all., the court ruled in favor of parents' rights to make medical decisions for their children and honored the religious exemptions from immunizations allowed by Virginia law.
Governor Proclaims Virginia Home Education Week
Governor George Allen ahs proclaimed February 12-18, 1995, Home Education Week throughout the Commonwealth. The Home Education Association of Virginia drafted a proclamation which was reviewed by HSLDA and adopted by the governor. The proclamation states in part:
WHEREAS, the Commonwealth of Virginia appropriately and statutorily authorizes home education as an educational alternative, as well as recognizes the rights of parents to teach and train their children because of their religious beliefs; and
WHEREAS, home schools can afford families the opportunity to develop positive character qualities and instill desired values in their children; and
WHEREAS, parents rightfully have the final authority and responsibility for the care, upbringing and choice of education for their children; and
WHEREAS, home education was a predominant form of education in the early years of America, and many Virginians such as George Washington, Patrick Henry, John Marshall, Robert E. Lee, Booker T. Washington, and Woodrow Wilson were primarily educated at home; … and
WHEREAS, studies continue to confirm that children who are home educated score well on nationally-normed achievement tests, exhibit self-confidence, and are fully prepared to meet the challenges of today's society; and
WHEREAS, it is appropriate that Virginia home educators and home-educated children be recognized for their contribution to the diversity and quality of education in this great Commonwealth;
NOW, THEREFORE, I, George Allen, Governor, do hereby recognize the week of February 12-18, 1995, as VIRGINIA HOME EDUCATION WEEK, in the COMMONWEALTH OF VIRGINIA, and I call this observance to the attention of all our citizens.
Virginia Students Learn to Drive by Mail
Section 46.2-334 of the Code of Virginia requires that all persons successfully complete the state-approved driver's education program to be eligible to apply for license at age 16 or prior to their 19th birthday, including both classroom and in-car instruction. A correspondence course offered by the University of Nebraska has recently been approved for the classroom phase of driver's education in Virginia. (Behind-the-wheel instruction must still be provided by a state-approved public, non-public, or commercial driving school.) The cost of the correspondence school is $83 for non-resident tuition plus $53 for materials and $18 for shipping and handling. For more information on the course, please call the University of Nebraska at (402) 472-2175.
Legislation Introduced
Home schoolers across Virginia have repeatedly had trouble obtaining driver's permits and licenses, and over the years HSLDA has assisted hundreds of families in this regard. Attorney Christopher Klicka drafted an amendment to the driver's permit and license laws which will allow parents of home-schooled children to sign the required forms rather than the public school superintendent. Delegate Jay Katzen, a good friend to home schoolers, submitted the amendment as H.B. 2534. The bill is expected to pass, since the Virginia Department of Education and the Department of Motor Vehicles Director support the change.
Additionally, Delegate Dick Fisher has introduced H.B. 1874, which would allow home schoolers to participate in public school sports programs. We will continue to keep our members updated on the progress of both bills.
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