CHEWV

Category: WV Law

  • Do Not Pass Go – Until You Enroll

    School officials in Hardy County, West Virginia, informed a Home School Legal Defense Association member family moving into the district that before they could begin homeschooling they had to first enroll their kids in public school.

     Although West Virginia homeschool law has historically been behind the times—it was not modernized by the legislature until this year—homeschooling families have never had to enroll their kids in public schools to be in compliance with the law.

    HSLDA has informed public school staff in Hardy County that they should update their communications with homeschooling families to accurately reflect West Virginia law.

    The idea that the public schools are the “default” institution for education remains deeply embedded in state institutions, however. The fight to modernize West Virginia’s homeschool law encountered fierce opposition from public education associations as well as from both Democratic and Republican lawmakers who held outdated, stereotyped and patronizing conceptions of homeschooling families.

    Ultimately the Republican-controlled legislature passed the legislation, and Democratic Governor Earl Ray Tomblin signed it.

    Much More Reasonable

    Before last year’s legislation, West Virginia’s homeschool law was among the more burdensome in the country. It required annual notification and annual standardized testing; each student was expected to score above the 50th percentile. The new law lowers this unreasonable requirement to the 23rd percentile.

    The new law also institutes a commonsense notification procedure: Families must notify the local public school district when they begin homeschooling, when they stop homeschooling, and when they move to a different county. And although annual assessments are still required, they must now only be submitted in grades 3, 5, 8, and 11 instead of every year. In pushing for this new law, HSLDA had argued that parents constantly assess their children and should not be required to submit results to the local authorities just because they are homeschooling.

    A majority of states require no submission of assessment results at all

    When laws change, there is always a certain amount of confusion among those who must enforce the law. However, school officials have a duty to be informed about their regulatory oversight and should not misinform those they serve.

    HSLDA is here to protect your freedom, defend you from unfair treatment, and help you homeschool with success. If you have questions or concerns about a local school official’s interpretation of the law, please give us a call at (540) 338-5600. Our staff of expert homeschool law attorneys and legal assistants are ready to help you understand what exactly is required to homeschool legally in your state.

  • Home School Legislation Advances!

    Members of the House Education Committee Stuck in the Past!
    Update: Rescue Attempt Successful!

     

    Some legislators have been rescued.  More help will be needed.
    ​The Home School Modernization Bill, HB 4175, was passed on a voice vote yesterday in the House Education Committee. Your calls and emails made a big difference. Several Delegates, who on Monday were active in opposition to many of the provisions of HB 4175, voted on Wednesday to support it and even pulled their support from amendments that would have seriously harmed the legislation.

    The bill was reported to the House floor with recommendation that it “do pass.”  It advances to First Reading on Friday, Second Reading (the amendment stage) Monday, and third reading on Tuesday when it will be decided if it passes and moves on to the Senate.

    There were only two changes made to the bill. First, technical changes were made clarifying the original purpose; and second, the committee reinserted the requirement that a parent report their test or portfolio results in the 3rd, 5th, 8th and 11th grades. Testing or a portfolio assessment will still be required each year (but does not have to be reported in the “off” years).

    Many home schooling families learned of the Hornbuckle and Purdue Amendment on Wednesday evening through Heritage Communications of West Virginia’s Facebook page. These families responded immediately with many emails expressing their opposition to the amendment and the concepts expressed in it.

    The amendment was as follows:

    The State board shall develop guidelines for diversity instruction for homeschooled children which provides the child either through social interactions through public school visits or other activities or social interactions that facilitate exposure to other races, religions or belief systems that permits the child to become exposed to the cultural diversity of his or her community, to enhance social skills and tolerance for others with different beliefs or backgrounds..

    Only two delegates voted for the amendment: Delegate Hornbuckle and Delegate Blackwell.  (This amendment did NOT pass.)

    This story needs to be discussed further, especially in light of the fact that the Charleston Gazette has picked up Delegate Hornbuckle’s theme on the editorial page of the paper 1/28/16.

    Please keep your stories of success coming into your legislators. Ask them to support HB 4175. The bill will be on the Amendment Stage on Monday and up for a final vote on Tuesday.  If the Modernization bill passes on Tuesday, the next stop will be the Senate Education Committee.

    The Home School Promise Bill (HB 4215) is expected to be discussed in House Education early next week.

    The full text of these bills can be read on the WV Legislative website.

    For more frequent updates, please connect with us on facebook at www.facebook.com/hcwva.

  • Looking Forward to Next Week!

    Home School Day At the Capitol (HSDC) – Special Briefing   Info Here!
    From 9:00 to 10:00 a special briefing will be held where Senator Robert Karnes, Delegate Brain Kurcaba, CHEWV Legislative Liaison John Carey, and HSLDA Attorney Mike Donnelly will discuss the bills you should know about and provide a deeper understanding of the legislative process. Please come! This will truly be an educational event.

    Modernization and Promise Bills Up for a Vote in House Education   Committee Schedule here.

    The Promise Scholarship Bill is much different from last year. The GED requirement is not removed but is included simply as one of several available options.

    The Home School Modernization Bill will address several provisions of the home school law that have needlessly created conflicts between authorities and home educators. Home schooling has proven to be a highly successful educational alternative. It is time that the home school law reflected this fact.

    Rally for Religious Freedom on Thursday, January, 28th

    A special site has been created to enable supporters of religious freedom to contact their legislators and express their support. All that is needed is a ZIP code to identify and send a customizable pre-created message.  Click Here!

    The rally will be held at 2PM on the rear steps of the State Capitol. Private Christian School students as far away as the Panhandle are attending this event. Special speakers and music will be provided. This week could very well determine the future of this legislation. Please choose to take a stand for religious freedom – one of the two pillars that support our right to home school.

    Active Legislation:
    Home School Modernization Bill
    HB 4175
    SB 318
    Home School Promise Scholarship Bill
    HB 4215
    SB 316
    Tax Credits for Educational Expenses

    SB 292

    The Religious Freedom Restoration Act
    SB 11

     

    Like this effort on the Heritage Communications of WV Facebook Page.
  • Bills Introduced!!

    Bills Introduced!!

    ACTION NEEDED—RALLY TO SUPPORT FREEDOM FOR HOME EDUCATION!

    Join me along with CHEWV, WVHEA and hundreds of others  next week for the 26th Annual Day at the Capitol in Charleston and advance freedom for homeschooling in the Mountaineer state!

    Two important bills will be heard that day in the education committee and your presence will help support passage of both. At 9:00 a special briefing will be held where Senator Robert Karnes, CHEWV legislative Liaison John Carey, and I will talk about bills you should know about. At 11:00 watch the house in session and meet legislators. At 12:15 we will gather in the Rotunda to hear from other leaders and legislators.

    At 2:00, the House Education Committee is expected to hear HB 4175, the homeschool modernization bill, as well as HB 4215 which addresses homeschoolers’ qualification for the Promise scholarship. I plan to be on hand to answer questions. Among the reforms are elimination of the GED requirement for the PROMISE scholarship, revising the 50th percentile standard for academic progress, changes to test administration requirements, removing the plan of instruction, and a one-time Notice of Intent.

    The special program for the 26th Annual Day at the Capitol will be full of events you’ll want to be part of. You will hear from members of the House of Delegates and Senate and be able to visit your own delegate or senator.  I will be speaking about the importance of freedom in education and why West Virginia parents deserve more freedom.

    In addition to the program, you’ll want to visit the West Virginia Capitol’s impressive museum of West Virginia history and culture.

    Make plans to join us in Charleston, West Virginia, next Monday, January 25. Events start at 9:00 AM. Register to let us know you are coming and to stay informed.

    See you there!

    Montani Semper Liberi!

    Mike Donnelly

    Michael P. Donnelly, Esq.
    Staff Attorney

  • The Diploma Fairness Bill & Promise Scholarship

    The Diploma Fairness Bill & Promise Scholarship

    By John Carey – CHEWV’s Legislative Liaison

    The Diploma Fairness Bill was signed by the Governor and is effective June 12, 2015.

    “A person who administers a program of secondary education at a public, private or home school that meets the requirements of this chapter may issue a diploma or other appropriate credential to a person who has completed the program of secondary education. Such diploma or credential is legally sufficient to demonstrate that the person meets the definition of having a high school diploma or its equivalent.”

    As outlined above in state code, a person who homeschools his or her child and is in compliance with the homeschool exemption “may issue a diploma.”  This one change in the law ensures that home educated students will no longer be treated like second class citizens when being considered for acceptance by a college or for employment. However, homeschooled students are still prevented from receiving the Promise Scholarship without first taking the GED. Because of the Governor’s veto, state code regulating the Promise Scholarship has not changed and still treats homeschoolers differently than other graduates. [Editor’s Note:  this was changed by the 2018 Legislature.  Homeschool students are no longer required to take the GED to receive the PROMISE.]

    While West Virginia no longer provides the GED and has moved to the TASC, both tests when passed are considered to be a “high school equivalency diploma.” This means that if you go to take the GED as required by law, you will find it is no longer offered in West Virginia and will be directed to take the TASC. In committee, legislators found the fact that homeschool students are required to take the GED when it is no longer offered as another example of how education policy is out of date. Again, because of the Governor’s veto, this has not changed.

    Taking the GED or the TASC is not a good move if your student is planning to go into the military. Current regulations allow homeschool students to submit their diploma and gain acceptance in the military on an equal basis as other private and public school graduates. However, if a student takes the GED, he is immediately placed into a separate class and treated differently from other students. It is even possible that a student will not gain acceptance merely because he took the GED.

    It should also be noted that homeschool students are accepted on the same basis as public and private schools when receiving federal aid for college. There is no additional requirement such as taking a test like the GED. A homeschool diploma is sufficient when applying for federal grants and loans.

    As every homeschool parent is aware, we personally foot the bill for the education of our own children, while contributing to the education of the public school student and the funding of the Promise Scholarship.

    Thanks to legislators, a study will be conducted during the Interim Session.  It is hoped that before the session begins in January 2016, the Joint Education Committee will recommend passage of the Home School Promise Scholarship Bill to the state legislature. The next step will be to introduce the legislation early enough in the session that the Governor’s veto can be overridden.