«		LEGAL/LEGISLATIVE UPDATES		»
ACROSS THE STATES

VIRGINIA

Grandma's gripe leads to summons

Although many homeschool families have relatives who are suspicious of homeschooling, it is uncommon for a relative's complaint to end in a criminal summons, as recently happened to an HSLDA member family in western Virginia.

The children's grandmother, who was connected with the public school system, opposed the family's decision to homeschool. She informed social services that the children had never been in school. A police officer was dispatched to the family's home, and the family explained that they were under the religious exemption. A social worker subsequently told the family that until they filed a notice of intent or officially requested a religious exemption, they were in violation of Virginia law.

When several weeks passed and the family had not yet filed their paperwork, the social worker swore out a criminal complaint against the family. The family promptly filed their religious exemption, but the criminal action continued.

At the first hearing, the judge told our member family that he would dismiss the complaint if the school board approved the religious exemption. He ordered the family to return to court after the school board had made its decision.

The school board did acknowledge the exemption, and HSLDA Attorney Scott Woodruff represented the family at their subsequent hearing. After the school board's letter acknowledging the exemption was presented, the judge dismissed the complaint.

HSLDA recommends that families file their religious exemption paperwork before being challenged. If your family holds a conviction that you are entitled to the protections of the religious exemption statute even without filing, we strongly recommend that you prepare appropriate paperwork, keep it in a safe place, and file it immediately if you are challenged.

Franklin letter riddled with errors

Franklin County homeschoolers recently received a letter from their public school district containing unlawful demands and implied threats. The letter claimed that recipients were conditionally approved to homeschool until September 10, 2004, "pending receipt of the Home Instructed Student Achievement Measure" (a county form attached to the letter). However, superintendents have no power whatsoever to "approve" a homeschool program, so it is preposterous for a county to say that homeschoolers are "conditionally approved." Homeschoolers are not obligated to state in advance (on a form or otherwise) the evaluation option they intend to use at the end of the year. We advise our members to disregard the county's form.*

The letter stated that homeschoolers must submit "evidence of educational achievement on a standardized test" by August 1, 2005. This is only partially correct. While standardized tests are one legal way to provide evidence of educational achievement, homeschoolers also have the option of submitting any type of evaluation or assessment which shows adequate growth and progress (the superintendent must use reasonable judgment on this issue).

Finally, the letter said that homeschoolers must turn in their notice of intent by August 1. This is incorrect; the correct date is August 15.

After the letter was brought to HSLDA's attention, we discussed the matter with county officials. They acknowledged the letter's many errors and assured us they would send out a letter of correction.

— by Scott A. Woodruff