VIRGINIA
Legislative Threats Loom on the Horizon
Home schoolers and concerned citizens in Virginia have been preparing for the 1994 legislative session, when it was expected that the department of education would be introducing legislation to enact Outcome-Based Education as part of our educational system. Additionally, HSLDA has just received notice that legislation will be introduced to repeal the religious exemption statute in § 22.1-257. Both of these bills, if introduced as planned, will definitely affect home schoolers.
On July 15, attorney Christopher Klicka and Home Educators Association of Virginia representatives Yvonne Bunn and Ann Miller met with Charles Finley, Associate Director of Proprietary Schools, and Edward Carr, the Deputy State Superintendent of Public Instruction. The main purpose of this meeting was to discuss the implications of Outcome-Based Education for home schoolers. The home school leaders who attended the meeting believe that the State Department of Education officials were definitely aware that home schoolers had a very effective lobbying campaign working this past legislative session, essentially defeating the mandatory kindergarten bill that the department had introduced. As a result, Mr. Carr made it clear that should Outcome-Based Education be enacted, it would not affect home schoolers at all. Carr and Finley declared that they would not move to introduce legislation to change the standards of learning objectives in Virginia as applied under the home school law to families who didn't have college degrees, teaching certificates, or an approved correspondence course. They frankly stated that home schoolers would not have to meet the same outcomes of the public school students.
The department of education officials hoped that home schoolers would support Outcome-Based Education, or at least remain neutral on the issue. However, HSLDA is convinced that Outcome-Based Education, which is nothing more than an attempt to train “politically correct” children, would adversely affect children in the public schools throughout Virginia who live in our communities and next door to our homes. All Virginians would feel the effect of Outcome-Based Education.
Religious Exemption Repeal
Recently, HSLDA received a memo from Joseph Spagnolo, State Superintendent of Public Instruction. The memo, numbered 81 and dated August 20, 1993, requested that every school district report the number of children who are excused from attendance by reason of the religious exemption statute. Furthermore, the memo stated, “It is expected that legislation will be introduced to the General Assembly in the 1994 session that would remove the provision excusing children from attendance by reason of a religious exemption (§ 22.1-257, Code of Virginia). It is therefore important that we know the number of children in this category.”
Since the number of religious exemptions has grown, more and more school districts have complained about the fact that they have no control over families who receive religious exemptions. HSLDA has successfully obtained a religious exemption for home schoolers throughout the state, even if the families lived in hostile school districts. It seems the department of education has realized that since there is nothing they can do to stop families from getting religious exemptions, the best way to fight back is to simply repeal the statute. HSLDA believes that home schoolers need to communicate with their legislators on this issue as soon as possible, letting them know that they want them to vote against any attempt to repeal the religious exemption statute. Even those who don’t home school or who don’t operate under a religious exemption should act. All voices need to be heard to protect religious freedom in Virginia. HSLDA will be notifying all its members upon actual introduction of such legislation during the 1994 legislative session.
Certified Home School Parents Taken to Court
For many years home-schooling parents who were certified to teach in the state of Virginia were able to operate their home schools under the tutor provision in the Virginia Code § 22.1-254. This part of the code simply requires the certified parent to notify and prove to the local school district that they have a Virginia teaching certificate and that they have opted to have their children taught under the certified tutor statue. Recently, however, the department of education has been informing school districts that such an interpretation of the law is wrong. The department has stated in their opinion, the certified tutor statute is only applicable to non-parents. Of course, such an opinion is not binding on anyone.
As a result, several counties have challenged the right of parents who are certified tutors to operate under this option. Prince William County has gone so far as to file a declaratory judgment action against the Berlin family. A court date is expected in October to resolve this issue, and HSLDA attorneys will be representing the Berlins. HSLDA believes that the certified tutor option is just one of several options that home schoolers have in Virginia. The certified tutor option gives parents an alternative to filing the annual notice of intent or sending in test scores and evaluations.
Outcome-Based Education: Late-Breaking News on Virginia's OBE
On September 15, 1993, just as we were going to press, Governor Douglas Wilder announced that he was scrapping the Outcome-Based Education program that the Virginia Department of Education had been developing. The Governor emphasized that the state is already under tight budget constraints, and he does not want to waste money on an educational “experiment” that has such “controversial” content. This is a tremendous victory for all parents and citizens of Virginia, since the Governor's action effectively kills the implementation of OBE which would have forced “politically correct values on all public school children.” Home schoolers throughout the state have been especially involved in this fight over the past year. Praise God for this victory!
