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2/2/2012 4:40:44 PM
Home School Legal Defense Association
HB 4309 DELAYED: Your Calls Making a Difference--Keep Calling and Emailing

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From the HSLDA E-lert Service...
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HB 4309 DELAYED: Your Calls Making a Difference - Keep Calling and
Emailing

Dear West Virginia Members and Friends:

The Education Committee is hearing from you and responding. I have
just learned that HB 4309 will NOT be heard by the Education Committee
tomorrow. Your calls have definitely caused legislators to pause and
rethink this potentially dangerous piece of legislation. John Carey
of Heritage Communications and I have been in communication with staff
of the Education Committee who say that the delay does not mean the
bill is dead, but a delay will give you more time to communicate with
the members of the committee to explain why this is bad policy.
Education Committee leadership have stated that they would like to
craft language that would address the concerns of homeschoolers; this
just can't solve the problem.

The politicians need to hear that that this is just a bad bill. Not
just bad for homeschoolers, but bad for all West Virginians. Schools
and courts already have the legal tools they need to deal with the
problem of public school attendance. But proponents of this bill want
to bypass the already criminal consequences of truancy and either
threaten to take, or just take, children out of families where the
children are otherwise safe and healthy but aren't going to school as
often as a judge thinks they should. This will cause problems for
homeschooling parents.

It's not too late to register for today's FREE online meeting to
discuss this legislation. To register click here:
http://www.hslda.org/elink.asp?id=13608 . The program will be offered
live at 8:30 TODAY. Can't make it? Register anyway to watch the
recorded version. We expect to get up-to-the-minute information from
the Capitol! Don't miss it!

ACTION REQUESTED

Please continue to contact members of the Education Committee. Give
them the following message in your own words:

"HB 4309 should not be amended--it is simply unnecessary and is bad
public policy. School districts and courts just need to use the tools
they already have to address public school attendance problems. The
bill gives too much discretion to judges who are already overloaded.
The bill would also result in more families defending themselves in
Family Court where they have weaker due process protections and where
children can be taken away. Children who are safe and healthy should
not be taken from their families just because the children are not
going to school as often as a judge thinks is necessary. Please just
vote no on HB 4309."

Email string address (copy and paste into the "to", "cc" or "bcc"
block of an email - may not work for all email programs):

mary.poling@wvhouse.gov; brady.paxton@wvhouse.gov; waltduke47@aol.com;
linda.sumner@wvhouse.gov; anthony.barill@wvhouse.gov;
denise.campbell@wvhouse.gov; mike.caputo@wvhouse.gov; kjcraig@aol.com;
gerald.crosier@wvhouse.gov; lawrencefordelegate@hotmail.com;
ron.fragale@wvhouse.gov; justin.marcum@wvhouse.gov;
d.perry@wvhouse.gov; rickymoye@wvhouse.gov; dave.pethtel@wvhouse.gov;
ralph.rodighiero@wvhouse.gov; stan.shaver@wvhouse.gov;
peggydonaldsonsmith@wvhouse.gov; armstead@wvhouse.gov;
joe.ellington@wvhouse.gov; marty.gearheart@wvhouse.gov;
amanda.pasdon@wvhouse.gov; ruth.rowan@wvhouse.gov;
brian.savilla@wvhouse.gov; harold.sigler@wvhouse.gov
Individual Committee Contact information:

Mary M. Poling - Chair
Capitol Phone: (304) 340-3265
Business Phone: (304) 457-2206
E-mail: mary.poling@wvhouse.gov

Brady Paxton -vice chair (D - Putnam)
Capitol Phone: (304) 340-3337
Business Phone: (304) 340-3337
E-mail: brady.paxton@wvhouse.gov

Walter E. Duke - minority Chair (R - Berkeley)
Capitol Phone: (304) 340-3151
Business Phone: (304) 582-4755
E-mail: waltduke47@aol.com

Linda Sumner (R - Raleigh)
Capitol Phone: (304) 340-3180
Business Phone: NA
E-mail: linda.sumner@wvhouse.gov

Anthony Barill (D - Monongalia)
Capitol Phone: (304) 340-3173
Business Phone: NA
E-mail: anthony.barill@wvhouse.gov

Denise L Campbell (D - Randolph)
Capitol Phone: (304) 340-3145
Business Phone: (304) 636-1391
E-mail: denise.campbell@wvhouse.gov

Mike Caputo (D - Marion)
Capitol Phone: (304) 340-3249
Business Phone: (304) 363-7500
E-mail: mike.caputo@wvhouse.gov

Kevin J Craig (D - Cabell)
Capitol Phone: (304) 340-3350
Business Phone: (304) 522-5757
E-mail: kjcraig@aol.com

Gerald L. Crosier (D - Monroe)
Capitol Phone: (304) 340-3188
Business Phone: NA
E-mail: gerald.crosier@wvhouse.gov

Ron Fragale (D - Harrison)
Capitol Phone: (304) 340-3114
Business Phone: (304) 622-3609
E-mail: ron.fragale@wvhouse.gov

Tiffany Elizabeth Lawrence (D - Jefferson)
Capitol Phone: (304) 340-3152
Business Phone: (304) 340-3152
E-mail: lawrencefordelegate@hotmail.com

Justin Marcum (D - Mingo)
Capitol Phone: (304) 340-3126
Business Phone: NA
E-mail: justin.marcum@wvhouse.gov

Ricky Moye (D - Raleigh)
Capitol Phone: (304) 340-3162
Business Phone: (304) 255-2932
E-mail: rickymoye@wvhouse.gov

David G. Perry (D - Fayette)
Capitol Phone: (304) 340-3117
Business Phone: NA
E-mail: d.perry@wvhouse.gov

Dave Pethtel (D - Wetzel)
Capitol Phone: (304) 340-3158
Business Phone: (304) 775-4221

E-mail: dave.pethtel@wvhouse.gov
Ralph Rodighiero (D - Logan)
Capitol Phone: (304) 340-3154
Business Phone: (304) 784-8881
E-mail: ralph.rodighiero@wvhouse.gov

Stan Shaver (D - Preston)
Capitol Phone: (304) 340-3146
Business Phone: (304) 568-2696
E-mail: stan.shaver@wvhouse.gov

Margaret Donaldson Smith (D - Lewis)
Capitol Phone: (304) 340-3123
Business Phone: NA
E-mail: peggydonaldsonsmith@wvhouse.gov

Tim Armstead (R - Kanawha)
Capitol Phone: (304) 340-3240
E-mail: armstead@wvhouse.gov

Joe Ellington (R - Mercer)
Capitol Phone: (304) 340-3172
Business Phone: (304) 425-3800
E-mail: joe.ellington@wvhouse.gov

Marty Gearheart (R - Mercer)
Capitol Phone: (304) 340-3179
Business Phone: (304) 320-0879
E-mail: marty.gearheart@wvhouse.gov

Amanda Pasdon (R - Monongalia)
Capitol Phone: (304) 340-3153
Business Phone: (304) 340-3153
E-mail: amanda.pasdon@wvhouse.gov

Ruth Rowan (R - Hampshire)
Capitol Phone: (304) 340-3157
Business Phone: (304) 340-3157
E-mail: ruth.rowan@wvhouse.gov

Brian Savilla (R - Putnam)
Capitol Phone: (304) 340-3141
Business Phone: (304) 340-3141
E-mail: brian.savilla@wvhouse.gov

Harold Sigler (R - Nicholas)
Capitol Phone: (304) 340-3143
Business Phone: (304) 651-3555
E-mail: harold.sigler@wvhouse.gov

BACKGROUND

If passed HB 4309 would:

> Define parents as child abusers if their children appear physically
healthy but miss what a judge thinks is too many days of school;

> Make it too easy for Child Protection Services and Judges to remove
children from a home even if the children were not abused or
neglected;

> Put too much power in the hands of unaccountable judges with vague
definitions and broad powers--What is habitually absent? Who defines
physically healthy?

> Result in the removal of children from their homes who are having
non-physical problems, such as depression or other emotional issues
and force them to attend public school against their parents will.

> Affect homeschool families if they do not file their home paperwork
properly, such as a late notice of intent or not complying with the 14
day waiting period before pulling children out of public school to
homeschool;

> Fail to take into consideration children's special physical, mental,
emotional or other needs

> Treat truancy as child abuse and places parents in Family Court were
the judges have virtually unlimited powers and where parents have
fewer due process protections;

> Create a system of enforcement that just does not care about the
individual needs of a child and the efforts that parents are putting
in to meeting those needs.

HB 4309 is unnecessary because state law already provides sufficient
authority to punish parents and for schools and attendance directors
to fashion remedies to deal with habitual truancy under the criminal
code.

Thank you for taking action TODAY!

Without your support we could not stand for freedom in West Virginia!
If you or someone you know is not a member of HSLDA, will you consider
taking a moment today to join or recommend us and support our work
defending individual families threatened by government officials and
protecting homeschooling freedom for all? Join now at:
http://www.hslda.org/elink.asp?id=13431

Mountaineers Always Free,


Michael P. Donnelly, Esq.
HSLDA Staff Attorney

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