Category: News

by John Carey, CHEWV Legislative Liaison

The battle to pass the Education Reform Bill was passionately fought on both sides. While the side that supported more freedom and greater options for parents, children, and local communities won a victory, the side that opposed these changes has not given up, adamant that they will have their say come the 2020 election.

The education bill’s advocates and detractors see the world quite differently. Advocates feel the parents are the solution; the detractors, on the other hand, see parents as the problem. Two opposing worldviews result in two different legal outcomes. Ultimately the question becomes: do we have more faith in people or in institutions?

Throughout the battle to pass the Education Omnibus Bill, home educators’ only request was for the homeschool exemption to be left standing without any changes. Our main concern was that the government-funded ESA program would be combined with the homeschool exemption, making it appear that homeschooling was government-funded, which would invariably lead to increased regulation. In the end, the Senate chose to keep ESAs separate; later, the House chose not to advance the ESA legislation. But while homeschoolers’ concerns were addressed in this particular bill, I believe the underlying worldviews of the two sides will greatly affect us in the future.

The battle for the Education Reform Bill, which included provisions for charter schools and ESAs, went on for so long because legislators would not give up the fight. They were passionate about giving more educational control to parents, teachers, and local communities; they had heard from their constituents many times over the years and chose to respond to their cries for help. One point made in committee early in 2018 was that the state-approved curriculum prevented a parent from being able to help their child with their math homework. Clearly the system – by design – excluded parents from helping their child.  Legislators came to believe that if they did not act, nothing would change.

So why do legislators believe that parents having more control is a good thing? Over the last three decades, it has become evident that increased parental control over education brings positive results. Just look at homeschooling. Even when a parent lacks an advanced degree and is not certified in any of the subjects they teach, their children excel both academically and socially and become lifelong learners¹.  

Day by day, homeschooling proves that there are ways to improve educational outcomes.

So what is the response from those who want to maintain the status quo in education? Their main claim over the last 18 months has been that the problem is not the current system. Instead, pointing to the opiate crisis and dysfunctional families as the cause for low test scores, they place the blame on the children who attend public school – and their parents. Such reasoning is rooted in pessimism and implies that those who seek to change the system are uninformed and misguided.

Low views of individuals or groups is nothing new in America and has been used many times over the years to change the law and threaten basic civil rights. For example, Margaret Sanger, founder of Planned Parenthood, is quoted:

“Authorities tell us that 75% of the school children are defective. This means that no less than fifteen million schoolchildren, out of 22,000,000 in the United States, are physically or mentally below par… We prefer the policy of immediate sterilization, of making sure that parenthood is absolutely prohibited to the feeble-minded².”

This is a shocking example of what happens when you stop looking at people as people and start looking at them as problems.  Laws do not change for the better; restrictions increase; freedoms melt away. Eugenics was a sick legal practice in America that took away the rights of thousands of people. Courts, including the US Supreme Court, decided in favor of forced sterilization. Legislators did too. West Virginia did not repeal Article 16, referred to as the “sterilization of mental defectives” provision, until 2013, and evidence suggests that sterilization of the “defectives” was allowed until at least 2011.

As long as there are those in power who view people as the problem, we can expect laws enacted that seek to limit freedom. For example, why are there so many bills introduced that seem to limit parental rights and control children?  After asking this question, Heritage Communications of West Virginia (HCWV) took a look at the Youth Incarceration rate in West Virginia. We were shocked to discover that while 47 states have reduced the number of kids removed from their homes, West Virginia’s youth incarceration has risen dramatically³, mainly because of truancy violations⁴.

This is what happens when people are seen as the problem. If you do not trust people, then you take away their freedoms.  Fortunately, we have a document that supports our view that people should be valued and their rights protected. Let’s better understand that document and get very good at explaining it to our representatives. At the same time, we need to thank legislators who stand up for our freedoms; each of us needs to see them as part of the solution.

In 2000, when homeschoolers went to Charleston to change the law so that all our members could homeschool past 8^th grade, we were not asking for favors. We were asking that the legislature give back what they had taken away: the freedom to homeschool our own children as God directs.  The legislators of 2000 expanded our freedom.

Unfortunately, the message that demeans parents and children has grown in West Virginia since then. It is only a matter of time before more laws are introduced, based on this view, that limit our freedom. If not today, detractors will try again after the election if more people are elected who think like them. 

The time comes when we all must ask: what kind of world do we want to pass on to our children and grandchildren? One that respects and values them and expands their freedom? Or one that lacks faith in them and believes they need to be controlled? For their sake, what message are we going to allow to stand? How about this one:

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.–That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed.  

1 https://new.chewv.org/wp-content/uploads/2015/04/Study_Brochure5.pdf
2 The Pivot of Civilization Margaret Sanger (Planned Parenthood founder), Brentano’s Press, NY, 1922, p. 263
3 https://csgjusticecenter.org/wp-content/uploads/2015/11/juvenile-incarceration-rates.png
4 https://jjie.org/2015/04/08/west-virginia-eases-strict-truancy-law/

1. https://new.chewv.org/wp-content/uploads/2015/04/Study_Brochure5.pdf [↩]
2. The Pivot of Civilization Margaret Sanger (Planned Parenthood founder), Brentano’s Press, NY, 1922, p. 263 [↩]
3. https://csgjusticecenter.org/wp-content/uploads/2015/11/juvenile-incarceration-rates.png [↩]
4. https://jjie.org/2015/04/08/west-virginia-eases-strict-truancy-law/ [↩]

The 2019 WV Legislative Session began with an effort in the Senate to improve public education by introducing Charter Schools – an effort that died in the House after teachers went on strike to protest.  In a surprising move, the Tim Tebow bill was discharged on the House floor but then died just two days later. A Home School Tax Credit Bill passed House Education but was never put on the Finance Committee agenda. Thankfully, in the end, a bill that helps homeschoolers applying for the Promise Scholarship passed both houses and now awaits Governor Justice’s signature

Charter Schools and ESAs

The 130-page Education Omnibus Bill, championed by senators who are passionate about improving education in West Virginia, contained provisions for creating charter schools as well as Education Savings Accounts (ESAs), among many other things. While charter schools do not have the flexibility that homeschooling provides, they have been shown to provide more local control than is available in the public school system. ESAs would have provided government funds for public school parents to send their kids to private schools if they otherwise could not afford to do so. Most Delegates did not support the Senate bill and tabled it indefinitely.

ESAs versus Tax Credits

CHEWV’s main concern with SB 451 was to ensure that the ESA portion did not negatively affect the homeschool exemption, because government money nearly always precipitates government regulation.  On the other hand, tax credits do not come with strings attached. 

When legislators perceived that ESAs were not going to pass the House, they decided at the last minute to advance HB 3063, a bill that would provide tax credits for both private and homeschool educational expenses. While this bill passed House Education, there was not enough time for it to gain a hearing in House Finance.

The Tim Tebow Bill

A bill to enable homeschool and private school students to participate in public school sports was once again advanced by House delegates. After hefty debate by committee members, the bill was taken off the House Education agenda without a vote. Then in a surprise move on the House floor, when it appeared the bill was dead for the session, Delegate Ellington made a motion to Discharge the bill from the committee and place the bill on first reading. It passed First and Second Readings, but two days later, on Third Reading, the Tebow bill was tabled by the House indefinitely.

The Bright Spot: SB 636 The Promise Scholarship Emergency Rule

SB 636 was passed by the legislature and is on its way to the governor for his signature. When the Home School Promise Bill was passed in 2018, it created the need for a rule change in the Higher Education Policy Commission policy that governs the Promise Scholarship. This 2019 rule change, accomplished by the passage of SB 636,  reflects the intent of the 2018 legislature to allow homeschool students to receive the PROMISE without having to take the GED/TASC. 

CHEWV thanks all our members and friends for their prayer support, involvement, and especially for the membership money that makes our lobbying efforts possible.  We would also like to thank HSLDA for the constant support they provide as we work year-round to defend and advance homeschooling freedoms at the West Virginia State Capitol.

by John Carey, CHEWV’s Legislative Liaison

Where Things Stand on SB 451 As of This Morning

SB451 passed out of the House Finance Committee early this morning and will be on Second Reading Wednesday. In this morning’s committee meeting, the Chair unsuccessfully attempted to add back more Charter Schools and reinstate ESAs. Three Republicans on the committee, Delegates Westfull, Storch and Anderson, did not support his plan. However, when the bill gets to Second Reading tomorrow, floor amendments are expected to be introduced to increase the number of Charter Schools and restore ESAs. 

The Public Hearings

The two public hearings held on Monday were populated by many public school teachers and administrators. However, some parents and other representatives came to show their support for both the ESAs and Charter Schools, some of my friends and former associates from private schools spoke in support of the ESAs, and even a few in the public school spoke in support.

ESAs and Home Schooling

As the bill advances and is amended, it is possible that Education Savings Accounts, or ESAs, could be placed back into SB451.  If this occurs, it is vital that the regulations governing the ESA program come under a separate section of state code from that of traditional homeschooling. Only by keeping the two systems of education separate will homeschoolers be able to maintain their freedom. If homeschoolers were to receive public money, such as ESA’s provide, then the civil government would seek ways to regulate their education. Public funding is always tied to increased government regulations. No-strings-attached Tax Credits are a superior way to support homeschooling since they are not tied to public funds. 

Homeschool Perspective on ESAs

Some have opposed SB 451 ESAs because they believe that public school money is being redirected to home education and that home educators want this to be part of the bill. Nothing could be further from the truth. As has been stated, traditional homeschooling parents fund their children’s education privately and do not depend on government funding. These children thrive because their parents are free to do, before God, what they know to be best for them. Curriculum, teaching methods, and religious education are not subjected to government approval. In comparison, public education has evolved into a highly regulated, top-down form of education. Homeschool parents are content to be left alone. Public funding is the last thing these parents would ever seek to receive.

Other Parents Want More Freedom

At the same time, it should come as no surprise that parents who do not have the time or resources to homeschool would desire public funding so that they, too, can gain the freedom to meet the individual needs of their children. Some want to use ESAs for private schooling, while others want to use the funds for what has been called Independent Study. All want to remove regulations and gain the freedom to create programs they believe to be best for their children. Clearly, homeschool parents are not the only ones who take a stand for their children! As long as there are parents and children, there will be battles like the one we are witnessing today. 

As we stand now, homeschooling is not affected by this legislation. Let’s pray that we’re not drawn in.