VIRGINIA

S.B. 621 Defeated

All Virginia Home School Legal Defense Association member families received a letter in late February asking them to mobilize against Senate Bill 621.

Virginia is unique in having the highest degree of protection for parents of any state in the country. In 1995, the Virginia Court of Appeals ruled that the Department of Social Services may not identify an allegation of child abuse or neglect as "founded" without "clear and convincing" evidence of abuse. Every other state permits families to be identified as abusive with much less proof-in fact, the reality in most states is that families are "founded" as abusive on a mere suspicion of abuse with any evidence to support it.

Senate Bill 621 was going to remove this protection for Virginia families. On February 8, 1996, Senator Stolle amended in the following language: "That standard of proof in determining whether a report of abuse or neglect is founded shall be by a preponderance of the evidence." This language would have nullified the Court of Appeals ruling that the proper standard should be "clear and convincing" evidence. When it came to a vote, the senators split 20 to 20 on this bill. Lieutenant Governor Don Beyer cast the deciding vote against parental rights.

As usual, home schoolers responded with lightning speed to a threat to their freedoms. When this bill reached the House committee, it was promptly killed. God deserves all the glory for stopping this bill for without His protection, S.B. 621 would almost certainly have become law.

Triennial School Census

Every three years, Home School Legal Defense Association is barraged with telephone calls from Virginia home school parents who have just received the school census and are inquiring whether they are mandated to participate. We advise our member families that participation in the school census is voluntary and they may decide for themselves whether or not to take part.

There are a number of reasons home schooling families may decide not to participate in the school census. The primary reason, however, is tax dollars. The schools receive funding based on the number of children in the district. Many home schoolers do not want their tax dollars to go to the public school system and their only opportunity to voice their conscientious objection comes once every three years, when they "just say no" to the school census.

Of course, if tuition tax credit legislation is ever enacted, home schoolers will be relieved of this double burden. Until that time, many Virginia families will no doubt continue to exercise their legal option and refuse to participate in the school census.