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HEAV Action
A review of Homeschool Policy 8080 revealed that several proposed changes created additional requirements for homeschoolers—requirements that are not in §22.1-254.1, the legal statute outlining requirements for home instruction of children in Virginia. HEAV’s government affairs team sent an email to Dr. Clark Bowers, director of student services, outlining our concerns. We then initiated a follow-up conference call to discuss policy items that exceeded the homeschool law. Dr. Bowers was amenable to our suggestions and expressed a desire to work with us.

HEAV director of government affairs Yvonne Bunn presented testimony later the same week before the Pupil Services Committee, and—at the request of committee chair, Ms. Leslee King—sent follow-up documentation for review.

Three Policy Concerns
The first change recommended by HEAV regarded parents who move into the district or begin home instruction after the school year has begun. The revision stated they must “notify the school division within 15 days and comply with the provision of the law within 30 days of their notice.” However, the law requires notification “as soon as practicable,” not within 15 days. The statute gives flexibility to parents, while LCPS’s policy adds limits that are not included in the statute. During the follow-up discussion, committee members agreed that it should say “as soon as practicable” to be consistent with the law.

The second HEAV-recommended change referred to language involving testing and evaluations. It stated that an evaluator “should seek approval in advance of the evaluation arrangements, which must be satisfactory to the division superintendent.” Pre-approval of evaluation options is not required in the statute.

Although “should” does not mandate an action, Dr. Bowen agreed with me that it was a strong term and suggested replacing “should” with the word “may.” HEAV agreed this was a better choice of words. It is clear that parents have the opportunity to inquire, if they wish, about the type of evaluation they plan to provide before submitting it.

HEAV also contacted Scott Woodruff of HSLDA. He addressed changes in the appeal process when a parent disagrees with the actions of a superintendent. Their policy stated the appeal should be made to the superintendent and added “or designee.” He asked the committee to remove “or designee” from the policy because the law does not include “a designee” in the appeal process. The committee agreed to wait for further clarification from their school board attorney.

Although we do not have a final vote from the LCPS school board, our appeal was well received during committee discussion. After final revisions, the committee will present the document to the board. HEAV will continue to monitor the board’s activity.