From the HSLDA E-lert Service:


3/16/2004 12:17:39 PM
Home School Legal Defense Association
Virginia--Homeschoolers Proved Right by Attorney General's Office

From the HSLDA E-lert Service...

March 16, 2004

Virginia--Homeschoolers Proved Right by Attorney General's Office

Dear HSLDA members and friends:

Last July, the Department of Motor Vehicles issued new forms to
implement the new law which allows parents to teach their children
"behind-the-wheel" driver's training.

However, the DMV forms added additional obstacles making it difficult
for parents to use a parent-taught driver's education course. They
required parents to obtain "a letter of approval to provide home
instruction " from their local superintendent. Families with
religious exemptions were turned away from the DMV when they tried to
obtain a license for their child.

We contacted the DMV Commissioner but he would not change the forms
even though the parent taught "behind-the-wheel" statute gave him no
authority to demand approval.

We then worked with the Attorney General's office to reach a solution
pointing out that all the other code sections involving driver's
training and driver licenses allow the homeschooler to self-certify
compliance with the homeschool or religious exemption law. Also the
parent can simply submit a letter stating their child is in good
academic standing. No approval of the superintendent is necessary for
any other step in the process of a homeschooled child being able to

On March 9th, after months of wrangling, the Senior Assistant
Attorney General finally issued his opinion, which largely agrees
with HSLDA's position. In fact, he restated portions of HSLDA's
legal letter.

He recognized our concern that many superintendents will not give
homeschoolers a letter of approval for the DMV--thereby prohibiting
them from receiving the benefit of the driver training law.

He told the DMV to expand its list of options for the proof of
homeschooling to simply include the notice of intent the homeschooler
submits or the letter of religious exemption.

No approval letter from the school district is necessary.

We will be working with the DMV to quickly issue new forms.

Special thanks to HEAV for joining with us on this effort to make
this change.


Chris Klicka
Senior Counsel
Home School Legal Defense Association

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Purcellville, Virginia 20134
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