| From the HSLDA E-lert Service: |
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| Date: From: Subject: | 4/4/2002 2:32:10 PM Scott A. Woodruff, Esq., Staff Attorney of HSLDA Virginia--Home School Discrimination Ends at the DMV |
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---------------------------------------------------------------------- From the HSLDA E-lert Service... ---------------------------------------------------------------------- April 4, 2002 Dear HSLDA Members and Friends, Following the September 11 terrorist attacks, the Virginia Department of Motor Vehicles (DMV) enacted an extra security measure, effective September 23, requiring additional proof of residency before issuing driver's licenses and learner's permits. A number of home schooling families have recently contacted Home School Legal Defense Association regarding problems they have experienced when trying to obtain learner's permits for their children. For students in public and accredited private schools, it is relatively easy to comply with the new security procedures. These children merely submit a certified copy of school records or a transcript from their school. For home educated students, however, providing proof of residency has been no simple task. Over the past several months, HSLDA sent letters to numerous local DMV offices on behalf of member families. These letters confirmed that the student is enrolled in the family's home school program, that he is in good standing and full attendance in the home school, and that the family has fully complied with Virginia home school law. In most cases, the local DMV refused to resolve the matter based on HSLDA's letter. Instead, they insisted home schoolers ask the local public school superintendent to issue a form stating that the family has filed a notice of intent or a religious exemption. Many home schooling families still had difficulty obtaining this form. On March 11, HSLDA Senior Counsel Christopher J. Klicka spoke with Karen Ruby, Director of Driver's Services, at DMV headquarters in Richmond to discuss the new policy. Klicka explained that Virginia law governing the licensure of drivers requires only a letter from the parent to certify the child is in compliance with the compulsory attendance law. (HSLDA had worked hard approximately 10 years ago to pass that law.) Ruby agreed that the policy would be changed. HSLDA received a copy of the new DMV policy on March 14, superceding and revoking the troublesome September 23 policy. This new policy lists the same "Proof of Residency" documents, but specifically states: "Applicants under age 19 can have a parent or legal guardian certify their Virginia residency." In order to do this, the parent/guardian must appear in person with the applicant. The parent/guardian must provide a photo identification card and proof of his own Virginia residency with a document from the residency list. It is generally much easier for a parent than it is for a student to provide a document from the proof of residency list. Examples include a cancelled check, Virginia vehicle registration, a utility bill, a receipt for personal property taxes or real estate taxes, a deed or mortgage, etc. If local DMV offices follow this new March 14 policy, home schoolers should no longer find proof of residency requirements standing in the way of their teens obtaining driver's licenses. However, if you encounter a problem despite the new policy, please let us know. Sincerely yours, Scott A. Woodruff, Esq. {{JoinAd}} ---------------------------------------------------------------------- The HSLDA E-lert Service is a service of: Home School Legal Defense Association P.O. 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