Author: CHEWV

A Response to “Raylee’s Law”
Anyone who reads the media reports¹ about Raylee JoLynn Browning will be sickened, saddened, and angered. We will all rightly want justice served on her abusers and desire that such a thing never again be repeated. We do, after all, bear the divine image of the God who arises on behalf of the weak and oppressed and who commands us to do the same (Psalm 12:5, Proverbs 31:8-9, I John 3:18). Nevertheless, such righteous desires should not lead us to wrong action.

Eight-year-old Raylee died tragically in December of 2018. Following a yearlong investigation, three custodians/parents were arrested in December 2019 – just over a month ago.

Media reports((Ibid)) indicate that Raylee was hospitalized for various injuries beginning in 2011 when she was only one year old. Allegedly, she began self-mutilating at age two when one of the accused caregivers entered her life. From then until her death, she was seen by multiple physicians, school workers, and teachers, many of whom reported abuse symptoms to CPS according to multiple news sources, and all of whom are mandatory reporters.

Shortly before her death, Raylee was taken out of school – which apparently is why the proposed legislative response to her heartbreaking story takes misguided aim at West Virginia’s homeschool law.

The current homeschooling law² clearly states, “The county superintendent may, after a showing of probable cause, seek from the circuit court of the county an order denying home instruction of the child. The order may be granted upon a showing of clear and convincing evidence that the child will suffer neglect in his or her education or that there are other compelling reasons to deny home instruction.” If ever “clear and convincing evidence to deny home instruction” existed, it seems it would have been in this case. Before homeschooling could have ever entered the picture, evidence of Raylee’s abuse had already been reported multiple times by public school teachers. But, inexplicably, the county school system apparently never pursued a circuit court order to deny home instruction. We must ask, If not, why not?

Yet homeschooling isn’t even the crux of the issue. Raylee did not suffer abuse because she was homeschooled, and homeschooling did not conceal her abuse. Her abuse was apparent long before. The tragedy here is that the system that’s supposed to protect at-risk children in WV failed Raylee. And any legislative response needs to address that failure, not shift the blame elsewhere.

Before we discuss the legislative response in more detail, let’s first consider our response from a Christian perspective.

Christians First (Homeschoolers Second)

Open your mouth for the mute,
for the rights of all who are destitute.
Open your mouth, judge righteously,
defend the rights of the poor and needy. Prov 31:8-9

Open your mouth for those who can’t speak.

Christians should speak up about what happened to Raylee. We should be proactive in determining where the system failed her, and then propose solutions that address the very real problems that surround her tragic case. And we should do so with an honest heart of compassion.

We would hope and pray that Christians working within the CPS and school systems would proactively and prayerfully engage with this issue. Police continue to investigate, doing their Scriptural job for the state.

As citizens and as Christians, this case also reminds us of our responsibility to report to authorities when we suspect that abuse may be occurring. Open your mouth for those who can’t speak. In addition, homeschool organizations that provide organized activities for children should also be aware of the state mandatory reporting requirements³.

So what about the proposed Raylee’s Law?

As we consider the proposed legislative solution to Raylee Browning’s case, let’s not automatically assume that HB 4440 is just an attempt by the anti-homeschool crowd to exploit a tragic situation. Let’s consider that the idea for HB 4440 – “Raylee’s Law” – appears to have been put forward by a concerned teacher who once had Raylee in her classroom and may genuinely want to do something to prevent such a tragic circumstance from occurring again.

The stated purpose of HB 4440 is to prohibit homeschooling when a custodial parent or the person instructing the child is being investigated for, or has been convicted of, child abuse or neglect, or has been convicted of domestic violence.

In reality, however, HB 4440 presents significant problems that undermine foundational principles of freedom.
- First, this bill takes away educational freedom before conviction or even formal charges, in stark contrast to the constitutional presumption of innocence. In America, an accusation doesn’t (and shouldn’t) result in termination of rights or freedoms. Parents who have only been accused of a crime don’t lose their rights as citizens, and this bill would deny their due process rights for the duration of a CPS investigation – regardless of its merit.
- In West Virginia, anonymous reports of abuse are taken just as seriously as any other. We are aware of no penalty for reporting malicious and false accusations – unless it’s done specifically to affect custody⁴. Add to that the fact that West Virginia has, by far, the highest rate in the nation of abuse investigations – three times higher than the national average rate and 40% higher than the next closest state⁵. This is of particular relevance to HB 4440 since the bill proposes that someone who has a pending investigation for abuse or neglect would not be allowed to homeschool their children. Yet only about 15% of abuse reports investigated by CPS workers in West Virginia are ever substantiated, according to a report from the US DHHS⁶.
While the crafters of this legislation might have Raylee’s horrific physical abuse in mind, the scope of the proposed bill goes much further, including even misdemeanor offenses. As long as the definition of abuse is so broad, a blanket rule against homeschooling based on accusation of abuse is unjust.

By contrast, the current law already provides a mechanism to protect homeschooled children and the due process rights of parents. If a parent submits a notice of intent to homeschool, the county superintendent has the authority and responsibility to ask a judge to deny the right to homeschool when there are “compelling reasons” to do so. The current law is a more efficient and effective means of addressing potential problems with homeschooling parents. The problem is that counties are not using this remedy. Nevertheless, the neglect of good law is not an excuse to substitute unjust law.

This bill is just not the right response to Raylee’s tragic death!

The critical question is why the system broke down – starting with why reports of abuse didn’t seem to precipitate an effective investigation, all the way to why the school system did not flag her notice of intent. From available news reports, it seems unclear whether there was a pending or active CPS investigation, but if neither, it would seem that the proposed Raylee’s law would have done nothing for Raylee at all!

A cursory search reveals that WV CPS struggles with high employee turnover⁸ and a nearly 20% vacancy rate in positions⁹, while also tasked to deal with nearly 56,000 reports of abuse annually¹⁰ and nearly 7000 children already in state custody¹¹.

In Raylee’s case, teachers made reports to CPS about the suspected abuse. If CPS wasn’t able to adequately investigate¹² or follow up due to lack of personnel, over-worked case workers, or inadequate laws governing abuse, then those problems need to be addressed.

WV’s mandatory reporting law means the teachers not only reported to CPS, but also notified the person “in charge of” the school³. The county school system should have been aware of the suspicions of abuse in this case. If the county took no action to deny homeschooling, it was not because of a lack of legal authority to pursue denial. If no such action was taken by the county school system due to lack of communication, lack of personnel, lack of county policy, or overloaded court dockets, then those problems also need to be addressed.

We understand that the legislature is already working on some reforms to the CPS system and we applaud that effort. To honor Raylee, that kind of reform bill should be named “Raylee’s Law.” Anything less seems an affront to her memory. We could all rally behind legislation that would ensure real cases like Raylee’s are effectively addressed. We could all support changes that decrease the turnover rate and provide competitive salaries¹³ to CPS case workers so that there’s adequate staff to investigate reports. Clearly, investigation into the real breakdown that caused this tragedy is necessary. Once the true problems are identified, then meaningful reform can happen.

HB 4440 has been assigned to the House Education Committee¹⁴, but has not yet been placed on the committee’s daily agenda. A twin bill, SB 637¹⁵, has since been introduced in the Senate. CHEWV will continue to monitor both bills closely and keep you informed. Right now prayer is needed, and friendly visits to legislators would not be remiss.
1. https://www.acf.hhs.gov/sites/default/files/cb/cm2017.pdf#page=130, p. 31 [↩]
2. Ibid [↩]
3. http://www.wvlegislature.gov/wvcode/code.cfm?chap=61&art=8D [↩]
4. http://wvmetronews.com/2019/11/21/wv-struggles-to-keep-up-with-child-abuse-and-neglect-cases/ [↩]
5. http://www.wvlegislature.gov/legisdocs/reports/agency/PA/PA_2019_698.pdf, p. 11 [↩]
6. https://www.acf.hhs.gov/sites/default/files/cb/cm2017.pdf#page=130, p. 30 [↩]
7. https://www.register-herald.com/news/state_region/lawsuit-w-va-s-child-foster-care-system-is-failing/article_7216f27f-8568-5295-a8d4-d1816977f6a1.html [↩]
8. http://www.wvlegislature.gov/legisdocs/reports/agency/PA/PA_2019_698.pdf, p. 7 [↩]
9. http://www.wvlegislature.gov/legisdocs/reports/agency/PA/PA_2019_698.pdf, p. 12 [↩]
10. https://www.wvlegislature.gov/bill_status/bills_history.cfm?INPUT=4440&year=2020&sessiontype=RS [↩]
11. https://www.wvlegislature.gov/bill_status/Bills_history.cfm?input=637&year=2020&sessiontype=RS&btype=bill [↩]
February 3, 2020
Legislative Report: January 21, 2020

The 2020 Regular Session is in full swing. West Virginia homeschooling freedoms are threatened every year, and many of these threats are directed at homeschooling by name. Other threats come in the form of infringements of parental rights or religious liberty, the two pillars that support homeschooling freedoms. With the legal assistance of HSLDA, we will continue to monitor any legislation that threatens our freedoms, whether explicitly or indirectly.

The growth of home schools is still seen as a threat. Complaints coming from public school officials over the last year have continued, most recently from Lincoln County. Even though these unfounded, money-motivated concerns have been addressed in the press by a state legislator, Terry Waxman, as well as by HSLDA and CHEWV, public school officials continue to blame homeschooling.

It should not be surprising, then, if in the current session public school officials seek to motivate legislators to introduce and advance legislation that would attempt to stem the increase in the homeschool population. Aware of these efforts, we are continuing to monitor the introduction and movement of legislation that could make it hard for families to leave the public school. We also continue to meet with legislators at the WV State Capitol in their offices.

The Status Offenders Program
While West Virginia has chosen to use the truancy laws as the primary means of motivating children to stay in school, other states have chosen to see truancy not as the problem, but rather the symptom of a problem – understanding that “making court the first resort” often only exasperates an existing crisis, causing children and families harm that only prolongs their suffering. So, what does this have to do with homeschooling?

The only way the public school system is going to stop lamenting the growth of homeschooling and focusing on increasing homeschool regulations is to come to understand that increasing regulations is not the solution. There is a better way to grow the public school population. That better way is to keep the kids they have while they have them. Put programs in place to connect with students who are hurting. Let’s encourage “making court the last resort” when it comes to truancy.

Homeschool Sports legislation

CHEWV helps advance reasonable access legislation that does not infringe the right to homeschool, especially the rights of those who do not seek to participate in public school activities.

Over the past 15 years, we have met with legislative staff and WV Secondary School Activities Commission representatives in an effort to craft access language which meets our fundamental criteria and then can be safely offered into introduced legislation. I have personally testified numerous times in support of access legislation in both the House and the Senate, pointing out that West Virginia can surely do what other states have been able to do: find a way for homeschool students to participate in school sports. I anticipate remaining very active in this area throughout this session!

CHEWV is committed to protecting homeschool freedoms. We will remain engaged with legislators on many issues in order to ensure that the freedoms of all homeschool families are protected.

Addendum: We are closely monitoring HB 4440, which was just recently introduced in the House. As soon as we determine how committee heads plan to treat this bill, we will publish a more detailed report. At this time, we are coordinating a response with HSLDA, Heritage Communications, and WVHEA, as well as communicating with various legislators.

January 24, 2020
CHEWV Comments on BOE Draft

CHEWV has submitted comments on a draft policy from the WV Board of Education that would direct counties to develop their own county policy for students leaving the public system to homeschool, as well as for homeschoolers transferring into the public school system. While we do not believe the intent of the draft policy is to give counties authority to supersede the state homeschool law, CHEWV does believe the policy could result in confusion and misinterpretation of the state law – working to the disadvantage or harm of homeschool families.

You can find CHEWV’s comments here.

You can submit your own comments through this portal. If you submit comments, we encourage you to mention that state law already prescribes how students leave the school system to homeschool, and that 55 different policies will result in confusion and misinformation. Also, if you have a personal story about how your county has misunderstood or misinterpreted the law, kindly summarizing that experience in your comments could prove helpful. As always, CHEWV recommends that all comments remain respectful and courteous.

As for county policies for homeschool students transferring into the public school system, we believe a written and published county policy could be helpful information to homeschool parents – so long as the policy treats homeschoolers with fairness.

January 23, 2020
HSDC: A Golden Opportunity

[et_pb_section fb_built=”1″ admin_label=”section” _builder_version=”4.16″ global_colors_info=”{}”][et_pb_row admin_label=”row” _builder_version=”4.16″ background_size=”initial” background_position=”top_left” background_repeat=”repeat” global_colors_info=”{}”][et_pb_column type=”4_4″ _builder_version=”4.16″ custom_padding=”|||” global_colors_info=”{}” custom_padding__hover=”|||”][et_pb_text admin_label=”Text” _builder_version=”4.21.2″ background_size=”initial” background_position=”top_left” background_repeat=”repeat” hover_enabled=”0″ global_colors_info=”{}” sticky_enabled=”0″]

~the 7th in a series of articles~
Click here to start at the beginning of the series.

Home School Day at the Capitol generally held in January or February each year is a combination of history and civics, and it is a golden opportunity for those students studying West Virginia History. What better time to visit the historic Capitol building, meet your delegates/senators, and study the legislative process in our great state?

You might begin with this article from the WV Legislature describing how a bill becomes a law. Knowing the process in advance may add perspective to the legislative session that homeschoolers can attend – since hearty debate often happens in committee.

While at the Capitol, take advantage of the Capitol tour that includes its history and other fascinating tidbits. Finally, the State Museum is within easy walking distance from the Capitol and is packed with exhibits laid out in a timeline fashion.

All in all, HSDC is an exceptional opportunity for students studying WV History, and tour slots are limited. More information on Home School Day at the Capitol can be found here.

[/et_pb_text][/et_pb_column][/et_pb_row][/et_pb_section]

January 8, 2020
One Argument Against Submitting Annual Assessments

A debate rages about how much authority, if any, the state should have over home education. That debate is heating up as we move into this year’s legislative session.

Recently, the assertion that many WV homeschoolers are educationally neglected has gained momentum.  The proposed solution is to turn the clock back to pre-2016, when the WV Compulsory Exemption Law required both a Notice of Intent and assessment results to be submitted each year to the county for every homeschooled child. However, those of us who were homeschooling pre-2016 must testify that, even with annually submitted NOI’s and assessments, counties wielded exactly the same argument then as they do now: they wanted more personal information and more control. Then as now, county officials and attendance officers called for more regulation and tracking in order to tell if homeschoolers are “educationally neglected,” so it’s obvious that simply reinstating annual submissions and repetitive paperwork will not satisfy County Board officials.

That fact established, let’s discuss at least one distinct disadvantage of turning in annual assessment results, which was required from 1986 to 2016. After the annual assessments were turned in each year, CHEWV began hearing from families all across the state who received errant letters from their counties in response.  Who received these letters most frequently? The most fragile parents: those educating sons and daughters with learning challenges.  Many of these children scored below the 50th percentile, which was the standard at that time for acceptable progress.  Despite the fact that the average of all five subjects had to meet the standard, counties persistently sent intimidating letters if single scores were below the standard.  As a result, year after year CHEWV volunteers held the proverbial hands of intimidated families – who understandably believed that the county correspondence was correct and legitimate.  CHEWV contacted counties, patiently explaining that the letters contradicted the law.  We also appealed to the state superintendent’s office on several occasions.  But the letters continued every year, consistent from a few counties, sporadic from others.  We wondered how many other families were affected and frightened – the families we didn’t hear from.  While we obviously have no way of knowing what every county is doing with every family, those we heard from allow us to know what happens when assessment results are turned in annually.

In 2016, therefore, it was a pleasure to ask legislators for relief from annual assessment submissions – and to gain modification to submit at 2-3 year intervals. This seemed justified because turning in assessment results wasn’t used to actually help homeschooled children. At best, counties checked off that they were received; at worst, they were used as fodder to get students back for increased funding.  But always, some parents whose children struggled – despite appropriate and individualized educational methods – dealt with overreaching county officials.

It’s tempting to believe that everything is done altruistically for the benefit of children – without money or other motives in mind.  But history teaches us that thirty years of turning in assessments did not satisfy the state.  Neither did it help us pass Tebow bills or gain access to marching bands, therapies or choirs.

The clock may get rolled back despite our best efforts, but the question we ask is this: Would that really make a positive difference?

January 8, 2020
Gearing Up for the 2020 Legislative Session

The Regular Legislative Session begins on January 8th this year. If this year is anything like the others, about 2000 bills will have been introduced, and about 200 of those will have become law. CHEWV will regularly keep you informed with legislative alerts as the session progresses. Our goal is to enable you to become part of the conversation taking place at the Capitol.

Thomas Jefferson once said, “We in America do not have government by the majority. We have government by the majority who participate.” Indeed, while we have a system of government based on a written constitution and a Bill of Rights that are supposed to protect our freedoms, these documents can’t achieve their utmost effect in the real world if they are not properly represented to state legislators. There is always a problem that must be solved, and there is always a “common sense” reason to increase regulation. If enough constituents do not participate in legislative proceedings by contracting their legislators, our freedom to homeschool risks encroaching regulations. How can constituents ensure that their ideas gain consideration?

Contact Info for Legislators

It is imperative that homeschool families know who their legislators are and how to contact them. It may come as a surprise, but experience has shown that if a Delegate is contacted by as few as ten constituents, they will reconsider their position on any issue. Since Senators cover a larger district, around twenty-five contacts will be viewed as significant.

Legislative Updates

Typically, two thousand pieces of legislation are introduced each regular session; CHEWV and HSLDA will be evaluating all two thousand to ensure you are aware of any threats to homeschooling. Legislative threats may come in the form of a direct attack on homeschooling or as an attack on religious liberty and parental rights – the two pillars that support the right to homeschool.

The Secret Weapon

Little breaks down barriers of communication more powerfully than a parent whose primary reason for speaking is that they love their children as their Lord commands. This is the homeschool community’s secret weapon: parents unwilling to compromise in doing what is best, right, and true when it comes to those who have been entrusted to their care.

In my two decades of lobbying at the State Capitol as CHEWV’s representative, I have seen this secret weapon employed repeatedly by hundreds of individuals. It takes a legislator from the stages of merely hearing what we have to say to the place where they stop, take the time to listen, and finally choose to support our position.

This secret weapon can only be exercised by those who are dependent on their God through prayer and the reading of His Word. This message can only truly be heard by legislators when parents speak firmly yet respectfully to those who will listen. It is one way that those who trust God find themselves working together with Him to accomplish His purposes.

It is one the teachers’ unions do not possess. In fact, few groups at the State Capitol besides homeschool parents wield this powerful tool to preserve freedom. So as this session progresses, use the resources provided to help you understand the issues and then to communicate with your legislators as the need arises. But most of all, keep first things first and work together with God to bring success – a success energized through prayer and rooted in our love for God and our children.

January 8, 2020
It’s Been 30 Years!

CHEWV is celebrating three decades of ministry in 2020. The important thing to note? God is faithful to His people! We’ve experienced it time and time again. Every good gift is from above, and we want to start this year by acknowledging His love and grace over the past 30 years of WV homeschooling!

We are excited about what lies ahead. As new families start their homeschooling journey, we are grateful that they enjoy freedom to pursue the Lord’s plan for their families. We want to encourage them in their journeys, and serve them as best we can. Because of past victories, the future is bright!

Because of the Lord’s mercy we are not consumed, because His compassions fail not; they are new every morning. Great is Thy faithfulness.

Lamentations 3:22-23

January 8, 2020
Mom to Mom: The Ghost…

…of Christmas Past

by Kim Kincell

Once upon a time, long, long ago, we had little girls who squealed with delight when we drove through neighborhoods and found houses lit up with hundreds of Christmas lights. Back then our girls “helped” make the Christmas cookies – so it took much longer! When the snow fell, we hunted thick gloves and old coats so they could build snowmen and ride on the sleds. They came in with cherry noses and snowy boots that would hardly pull off! In those days it was hard to get everything done…especially through the busy days of December. Sometimes it seemed that we had just put the tree up and the little crèche figures out when it was time to pack them all away again! And some years I felt like an ogre demanding that we keep up with school work, while other years we finished the season with some dreaded catch-up hanging over us.

But that was long, long ago…Our kids are grown now, and instead of Don and me diligently working to keep their eyes on the true Purpose of the season and averted from the commercialism, they now are busy with their own lives. Our home has “grown up.” It’s wonderful – just like it was then – but the seasons have truly changed.

Out with the old year, in with the new!

January’s nearly here, December’s nearly through.

‘Though I don’t know where the time has gone, it obviously flew.

So, out with the old year, out with the old year, out with the old year, in with the new!

I like this fun little song from the girls’ childhood (sung by our favorite Adventures in Odyssey character, Eugene Meltsner) and the “time has gone, it obviously flew” seems truer every year. As exhausting as many of the years of parenthood are, they are precious and fleeting. When you invest in your children or teens and carefully persevere to disciple them, you reap the blessing of grown children who still keep you on your knees but also delight your heart! The early days and years are certainly demanding; nevertheless, you are building memories and values for your children that are lasting. These years are not short for them. They comprise their childhood and lay the foundation for all that comes after.

We didn’t come anywhere close to doing things perfectly and we have regrets like everyone does. Nevertheless, God’s faithfulness to His people has been evident in our lives! I encourage you to forego some of the busyness of this season to point your children to Christ. The lasting Christmas light is the Light of the World. May your family light up with His presence this season!

Besides teaching piano lessons and doing part-time bookkeeping, Kim serves on the CHEWV board along with her husband, Don. After eighteen years of full-time homeschooling and graduating all three of their daughters, she has no regrets about their decision to home educate :-). Kim loves to encourage other moms who are just now in the trenches with littles!

December 3, 2019
WV History on a Cold, Snowy Day
[et_pb_section fb_built=”1″ admin_label=”section” _builder_version=”4.16″ global_colors_info=”{}”][et_pb_row admin_label=”row” _builder_version=”4.16″ background_size=”initial” background_position=”top_left” background_repeat=”repeat” global_colors_info=”{}”][et_pb_column type=”4_4″ _builder_version=”4.16″ custom_padding=”|||” global_colors_info=”{}” custom_padding__hover=”|||”][et_pb_text admin_label=”Text” _builder_version=”4.21.2″ background_size=”initial” background_position=”top_left” background_repeat=”repeat” hover_enabled=”0″ global_colors_info=”{}” sticky_enabled=”0″]

~the 6th in a series of articles~
Click here to start at the beginning of the series.

Did you know that a shy furniture maker from Randolph County rode for days on horseback to Richmond, Virginia, where he entered and won a contest to build a bridge over the Tygart Valley River at Philippi prior to the Civil War? With only a third-grade education and his bridge model packed in his saddlebags, Lemuel Chenoweth competed against an intimidating array of trained architects and engineers.

The Great Bridge-Building Contest by Bo Saunders tells the story of how, after a compelling demonstration of his unique design – constructed entirely without nails – Chenoweth was awarded the state contract to build the renowned 308-foot Philippi Covered Bridge, the only covered bridge in the United States currently incorporated into the national primary highway system, and still standing today. This celebrated West Virginia bridge-builder, who began as a carpenter and self-taught architect, went on to become a legislator and one of 19th-century America’s master covered bridge builders.

We hope this glimpse into the Mountain State’s past inspires your family to plunge into some West Virginia History! Your study can flow with the turning of the seasons. With the days getting colder, it might be time to cuddle up with a good book or watch a movie with a big bowl of popcorn.

The West Virginia Book Company is a great place to get resources! Tamarack, too, on the WV Turnpike in Beckley, offers a grand selection of West Virginia books and authors. Or, of course, check out your local library for both books and films.

Books*:
- A History of West Virginia by Anna Smucker
- The Coffin Quilt by Ann Rinaldi
- Every Living Thing by Cynthia Rylant
- John Brown’s Raid on Harpers Ferry by Jason Glaser
- Under a Cloudless Sky by Chris Fabry
- The Great Bridge-Building Contest by Bo Saunders
- Child of the Mountains by Marilyn Sue Shank
- The Big Wave by Pearl S. Buck
- Kids’ West Virginia Activity Book by Erin Turner
- Shiloh by Phyllis Reynolds Naylor (Newbery Medal-winning children’s novel)
- Rocket Boys by Homer Hickam
Movies*:
- October Sky
- We are Marshall
- Matewan
- A Beautiful Mind
- Patch Adams
- Hidden Figures
- West Virginia: A Film History
  Narrated by Richard Thomas, this 6½ hour DVD series weaves historic photographs and motion picture footage, quotes from letters and diaries, first-person interviews, and live cinematography into a rich and compelling narrative enhanced by a haunting musical score. It sells for $29.95 at http://wvhumanities.org/online-store/ . It can be found on YouTube for free.
- A Moving Monument: The West Virginia State Capitol (All public libraries in WV have a DVD copy.)
*Please note that some of these books/movies have strong thematic elements and coarse language.

Read the next article in the series here.

[/et_pb_text][/et_pb_column][/et_pb_row][/et_pb_section]
December 3, 2019
Choosing a Better Way

We’re all aware of recently publicized comments about homeschoolers – that they cost the public schools money, teachers’ jobs, and the ability to provide quality school programs.  Part of the concern from some public school officials centers on the increasing growth of homeschooling, and the old accusation that many homeschoolers are just trying to avoid truancy charges or are students who simply do not want to comply with their teachers.

What solutions do we hear proposed?  Increase homeschool regulation. Make it harder for some to start homeschooling. Make it harder for others to keep homeschooling. Our hope, however, is that they will consider a better way.

As we head into the 2020 legislative session, I’d like to provide some answers to the concerns that have been raised.

First, the validity of the stated growth in homeschooling is questionable.  While speaking before the House Education Committee in 2016, I shared that there were 11,080 WV homeschool students in West Virginia according to the WVDOE. But in our recent meeting with the State Superintendent, that number was reported to have risen to 18,583. Based on the national rate of homeschool growth over the past several years, this does not seem possible, for it would represent nearly a 70% increase in just four years. Therefore, we requested a county-by-county review to determine the actual number of children for whom a Notice of Intent has been filed.  Before expressing concerns about how homeschooling growth affects the school system, accurate numbers are an absolute necessity.

Ultimately though, an increase of homeschoolers is not justification for an increase in homeschool regulation. There is no constitutional limit to the number of students that can opt out of the public school system. As stated previously, if the public school wants to reduce the number of students who can opt out of the public school system, they must develop ways that encourage students to want to stay.

Indeed, public school systems around the nation are recognizing that the way that education is delivered is changing. However, eliminating the choice to leave a system that doesn’t work for every child isn’t a fair or reasonable solution. Neither is attacking parents’ rights to choose the best educational approach for their own children.

Virtual school is one way that the public (i.e., government) school system in recent years has sought to accomplish that. The state legislature has sought to provide other options such as charter schools, but West Virginia teachers’ unions have fought these innovations vigorously. Nearly 3 million students attend charter schools nationally, with an average of nearly 6 percent in any given state. (Over 15% of Arizona public school students attend charter schools.)

Indeed, public school systems around the nation are recognizing that the way that education is delivered is changing. If they want students who are already in their system to remain in their system, they’ll need to be innovative enough to keep them.

However, eliminating the choice to leave a system that doesn’t work for every child isn’t a fair or reasonable solution. Neither is attacking parents’ rights to choose the best educational approach for their own children.  Thankfully, that attack has not proven successful over the past 25 years. Still, legislators often need to be reminded that home educators are also Americans with rights which are protected by our U.S. Constitution’s Bill of Rights. It’s likewise valuable to remind them that we are willing and able to make our case on that basis.

What about those families who may claim to homeschool but don’t actually teach their children?  Laws already exist against educational neglect in West Virginia, and there are procedures in place to investigate those who are thought to be guilty of it. Some counties may need to improve their record-keeping and follow-up procedures to stay abreast of violations of the laws already in place. Certainly, if someone is violating the law, then he or she should be held accountable. However, according to our Constitution, Americans are considered innocent until proven guilty.  A prejudice or professional bias against homeschooling is not a sufficient reason to prevent parents from doing what they know to be best for their children.

While all of this is true, the fact remains that homeschooling in West Virginia is under attack. A conversation has begun, and we must choose to step up and make our voice heard.  If we remain silent, the ones who speak up and speak the loudest may be thought to be right.

Christian Home Educators of West Virginia is thankful for the freedoms we have to homeschool in West Virginia – the freedom to choose a better way. Our Heavenly Father has protected those freedoms thus far. We look forward to His care as we prepare to defend our right to homeschool at the West Virginia State Capitol this January.

December 3, 2019