Category: Legislative

  • A Short Primer on the Homeschool “Exemption”

    A Short Primer on the Homeschool “Exemption”

    If you’ve attended CHEWV’s Homeschooling 101 classes, you’ve heard us emphasize something: WV homeschool law 18-8-1(c)(2) is an exemption to WV’s compulsory attendance law.

    WV children who turn 6 before July 1st of any calendar year are required to attend public school the following school year UNLESS they satisfy one of a few exemptions found in the law. 18-8-1 (c)(2) is one of those exemptions.

    Why bring this up? Several bills currently in the legislature provide for new exemptions. In their present form, they do not affect 18-8-1(c), but rather are intended to add other exemption options.

    CHEWV’s primary legislative purpose is to defend the freedoms we have worked so hard to gain back. (Homeschooling was totally legal before 1897.) If you are inclined to read bills carefully, the section of the law that is affected matters.

    If you refer to the annotated law that CHEWV provides, you will see that we homeschool under Article 8 Compulsory Attendance, Chapter 18 Education, Section 1 Compulsory school attendance; exemptions. The exemptions follow and homeschooling options currently fall under (c). CHEWV defends 18-8-1 (c), while we closely monitor other parts of the law that affect homeschooling.

    Of course, additional exemptions have the potential to change homeschooling as we know it, but those waters can be muddy. That’s one of the reasons we call you to prayer during the legislative session.

    By God’s grace, WV parents already have the legal option to homeschool. Thousands have taken advantage of that freedom – with great success! May thousands more find the beauty of the individualized approach that homeschooling makes possible!

  • Legislative Update March 10, 2021

    Legislative Update March 10, 2021

    When families flourish, communities flourish. For families to flourish, parents must have the freedom to do what they believe before God to be best for their children.

    Homeschool-related bills progressing this year include vocational school enrollment as well as alternate college testing.

    CHEWV and HSLDA have worked diligently over the years to ensure that the homeschool exemption has not been modified or combined with other legislative efforts meant to improve the public school system. These efforts have enabled freedoms to be maintained for those of us who simply want to homeschool and do what we know to be best for our children.

    Legislative Overview of Homeschool-Related Bills

    HB 2529 – Prohibiting West Virginia institutions of higher education from discriminating against graduates of private, nonpublic or home schools by requiring them to submit to alternative testing.

    LEAD SPONSOR: Fast
    SPONSORS: Pack, L.

    Passed the House of Delegates and has been sent to the Senate.
    “State institutions of higher education may not require a person who has obtained a diploma or other appropriate credentialing from private, nonpublic, or home schooling, and who has acceptable test results on ACT, SAT or other tests recognized by the institution of higher education which would qualify the person for admission, to submit to alternate testing as a condition of admission.”

    HB2791 – Relating to enrollment and costs of homeschooled or private school students at vocational schools

    LEAD SPONSOR: Kessinger
    SPONSORS: Higginbotham, Kelly, J., Wamsley, Longanacre, Horst, Clark, Griffith, Kimble, Tully

    Passed the House of Delegates and has been sent to the Senate.
    County boards of education shall permit students who are homeschooled or attend private schools to enroll and take classes at the county’s vocational schools, if any are provided and as capacity allows, at no expense or cost greater than expenses or costs normally charged to public school students: Provided, That if a homeschool or private school student is not permitted to enroll in a county vocational school, the county shall notify the parent or guardian of the student in writing and a copy of the written notification shall also be sent to the West Virginia Department of Education.

    Other Educational Bills

    HB 2012 – Related to public charter schools

    LEAD SPONSOR: Smith
    SPONSORS: Clark, Kimble, Higginbotham, Wamsley, Espinosa

    Passed both Houses and has been sent to the Governor.
    House Bill 2012 would allow 10 charter schools to be approved in a three-year period in West Virginia. The legislation also lays the groundwork for two virtual charters that would each be allowed to enroll up to 5 percent of the state’s student population. Added together, that could potentially amount to 10 percent of public-school enrollment, roughly 26,000 students.

    HB 2013 – The Hope Scholarship

    LEAD SPONSOR: Ellington
    SPONSORS: Higginbotham, Summers, Hanna, Pinson, Wamsley, Kimble, Jeffries, D., Espinosa, Clark, Horst

    Passed the House of Delegates and has been sent to the Senate.
    House Bill 2013 provides funds to eligible recipients for personal education accounts (ESA’s) to be used for qualifying education expenses which all must be approved by a board of 9 individuals, including three parents. Up to $4,600 would be placed in an ESA account controlled by the State Treasurer to be used for approved educational expenses, such as for private schools, or other approved programs, such as tuition, textbooks, and other services. Funds are not given directly to parents but only to approved providers.


    The success of homeschooling in West Virginia and throughout the country, has demonstrated the educational and societal benefits of parents who invest in their children. God’s model for society is the one that works best! We should be thankful that there are those in public office that understand this.

    Since we are only halfway through the session, let us remain vigilant and pray for state legislators as they seek to protect our freedoms. Click here for legislative resources to assist you in both understanding legislation and contacting your state representatives.

  • Tax Credits for Homeschoolers

    Tax Credits for Homeschoolers

    WV homeschooling is currently home-based, privately funded, and parent-directed. Because homeschoolers do not receive public funds, tax credit legislation is the best way to provide financial help to homeschoolers.

    Claiming school expenses as tax credits would provide relief to parents who are seeking alternative education but burdened by the personal expense. Yet it would not invite regulation – which inevitably follows public funding.

    Tax credit legislation has been introduced the past several sessions, but has yet to gain momentum in either house. With more support, that could change.

    As the 2022 WV Legislative Session approaches, please remain involved in the process by staying abreast of the discussion and praying specifically about homeschool-related bills.

  • Homeschool Funding

    Homeschool Funding

    Where the Definition of “Fair” Gets Blurry

    Last legislative season, legislators wisely made a distinction between state-funded ESA students and homeschoolers. If such legislation is introduced this session, we trust the same will happen. While that may seem like a small detail, it isn’t at all. It’s what is necessary to protect WV homeschooling freedom as we know it now.

    You see, funding for homeschoolers via vouchers or ESAs have been a controversial possibility in state legislatures across the country, including WV, for more than a decade. Lively discussion, both yea and nay, has permeated news shows, articles, blogs, and even CHEWV board meetings.

    Since we all pay taxes, what’s not to like about state funding? Isn’t it only fair to get back some of the money we paid in?

    What has been learned in most states where homeschool funding of any sort has been implemented is that eventually Christian homeschooling is squeezed out. In fact, one study showed that state funding ultimately decreased the number of private homeschoolers overall, leaving those that were left with less clout.

    State homeschool money is also tied (at least eventually) to the separation of church and state – meaning the absence of Christian curriculum. Based on the experience of several other states to date, many homeschool leaders have called state funding a “slippery slope” to regulation and loss of freedom. The Alliance (of state homeschool groups like CHEWV) has dubbed it a Trojan Horse.

    California homeschool leaders warn:

    We have watched for the last 15 or so years as [state funding] opened up for homeschoolers. In the beginning, they offered money and total freedom to use it as you wished. Little by little, year by year, the rules became more stringent and parents lost more and more control. This is the inevitable result of taking government money. “He who pays the piper, calls the tune.”

    CHEWV has defined homeschooling as home-based, privately funded, and parent-directed. When privately funded, parents have full choice. If we are educating in a private setting with private funds, perhaps it’s not “fair” to call for more regulation. Whether it’s fair to regulate students receiving state funds is another issue altogether.

    While CHEWV does not stand against ESAs, we are gratified that WV legislators have been willing to separate private homeschoolers from ESA students. This protects the great strides we have made to keep private homeschooling legal and free, while still providing choice to parents.

    It’s important that legislators (and indeed the public) not consider private homeschoolers in the same mix as publicly-funded students – who might also school at home. When and if they ever do studies on publicly-funded students, they need to realize that these are not private homeschoolers.

    As the 2021 WV Legislative Session begins, consider and pray about homeschool-related bills, stay abreast of the discussion, and remain involved in the WV legislative process.

    Defending freedom, serving families…together

  • Jefferson’s Plan for Education

    by John Carey, CHEWV’s Legislative Liaison

    Consider this startling quote from Thomas Jefferson, author of West Virginia’s Religious Freedom Clause:

    It is better to tolerate the rare instance of a parent refusing to let his child be educated, than to shock the common feelings and ideas by the forcible transportation and education of the infant against the will of the father.

    Let that sink in.

    In Notes on the State of Virginia (1781), Jefferson summarized his educational plan as follows:

    This bill proposes to lay off every county into small districts of five or six miles square, called hundreds, and in each of them to establish a school for teaching reading, writing, and arithmetic . . .

    While Jefferson’s bill to create common schools (now called public schools) was not popular in the Virginia Assembly, many historians claim it as evidence of his support for the common school movement that took off during the late 1830s under the leadership of Horace Mann. However, Jefferson’s vision for public school was quite different than Mann’s.

    Jefferson’s plan called for a highly decentralized system in which these “districts of five or six miles square” would establish and control their own schools. He did not want a state government to “take this business [of elementary education] into its own hands.”

    To suppose that schools would be better managed by “any authority of the government, than by the parents within each ward,” he added, “is a belief against all experience.” Clearly, Jefferson believed that parents, not governments, should control the education of their own children.

    Jefferson also warned of the consequences of usurping parental control of education:

    What has destroyed liberty and the rights of man in every government which has ever existed under the sun? The generalizing and concentrating all cares and powers into one body . . .

    Jefferson also questioned society’s responsibility toward children. He wrote,

    A question of some doubt might be raised…as to the rights and duties of society towards its members, infant and adult. Is it a right or a duty in society to take care of their infant Members in opposition to the will of the parent? How far does this right and duty extend? — to guard the life of the infant, his property, his instruction, his morals?

    In Jefferson’s view, “It is better to tolerate the rare instance of a parent refusing to let his child be educated, than to shock the common feelings and ideas by the forcible transportation and education of the infant against the will of the father.”

    Clearly Jefferson would be a strong supporter of homeschooling. He understood the preeminence of parents in the life of a child. This is reflected both in his support for Religious Liberty and Parental Rights.

    We live in a time when the individual is seen as “the problem” that requires regulation. Consequently, legislators are encouraged to pass laws that takes away individual liberty. Instead, let us retain the founders’ vision for this country – one that respects the parents’ right to choose what is best for the children they treasure and love.

    On Wednesday, February 10th, the West Virginia Regular Session will convene and then continue its 60 days — until Saturday, April 10th at midnight. CHEWV will be working with HSLDA to ensure that homeschooling freedoms are protected. From all indications, this session will move very quickly from the first strike of the gavel.

    Click here to view the West Virginia Senate and House Districts. Then click on the map to connect with your legislator via email or phone.