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ACROSS THE STATES

WEST VIRGINIA

Vaccination bill wilts under pressure

Homeschooling families played a major role in defeating a bill that would have undermined parental authority over children's health care. Senate Bill 439 would have forced mandatory vaccinations for mumps, chicken pox, and Hepatitis B on hundreds of unwilling families. The bill also failed to give any recognition to parents' fundamental right to control the health care of their children.

Current West Virginia law does not explicitly allow an exemption from vaccinations for moral or religious objections, but it at least provides a generic "sufficient reason" defense.SB 439 would have removed that defense. It would also have removed a doctor's authority to give exemptions based on medical considerations unless his decision was consistent with "commonly accepted practices." In cases where a doctor's best judgment would differ from the judgment of other doctors, no exemption would be allowed.

But as parents and doctors know, one size does not fit all in medical care. Some families have medical objections to vaccines, while others object on moral or religious grounds. (Some of the vaccines mandated by SB 439 are manufactured using human cell cultures originating in tissue taken from aborted babies—a cause of deep concern to many families.) Thanks to the combined efforts of HSLDA members, Christian Home Educators of West Virginia, prolife groups, and vaccine freedom advocate John Grindley, this dangerous bill was killed in committee.

We look forward to the day when West Virginians who oppose having their children vaccinated, whether on religious, moral, or medical grounds, will have the clear, strong, statutory protection that parents already have elsewhere.

Harrison County ends fishing expedition

After a Home School Legal Defense Association member family moved to West Virginia and filed their first notice of intent to homeschool, a public school official ordered them to provide information about how they homeschooled in their previous home state. Unsure how to respond to this unauthorized fishing expedition, the family quickly called HSLDA for help. We promptly advised the county that we were assisting the family.

Jill Schillace, the homeschool coordinator for Harrison County, then sent the family a letter telling them that their "request" to homeschool had been denied. Threatening legal action against the family, Schillace demanded that they either enroll their daughter in public school or provide the requested history of their home education program.

HSLDA immediately faxed a letter to Schillace. We explained that the family had not "requested" to homeschool, since a request is not required in West Virginia. (State law requires a notice of intent, not a request.) We also informed Shillace that families are not required to submit records from their previous home state in order to homeschool in West Virginia.

Schillace thereafter dropped her unlawful demand and acknowledged that the family had a right to homeschool based on their notice alone.

— by Scott A. Woodruff