Veiled Threat to Religious Exemption

SB1031 is a convoluted, thinly disguised way to remove religious freedoms from Virginia families who have strong religious convictions concerning the education of their children.

Long before the homeschool statute was enacted in 1984, Virginia Code §22.1-254 mandated school boards must grant excuses from compulsory school attendance to families based on their sincere religious training or beliefs. Waivers and exemptions for health and safety concerns as well as religious convictions have long been in the statute.

The Virginia Code intended to protect the right of families to freely exercise their religious beliefs in the context of educating their children. To wrongly prohibit a family from implementing their convictions would violate their First Amendment right to freely exercise their religious beliefs:

Wisconsin v. Yoder, 406 U.S. 205, (1972)
Sherbert v. Verner, 374 UlS. 398 (1963)

Compulsory Attendance Laws and Home Instruction
Home instruction is one of four ways parents can comply with compulsory attendance laws. Parents may send their children to 1) public school; 2) private, denominational, or parochial school; 3) have a child taught by a tutor or teacher of qualifications; or 4) provide for home instruction as described in §22.1-254.1.

However, there are exceptions to the compulsory attendance law. §22.1-254(B)(1) requires a school board to grant an excuse from compulsory school attendance because of bona fide (sincere or genuine) religious training or beliefs. This is a foundational principle of religious freedom–the right for parents to teach and train their children according to their religious beliefs.

Compulsory Attendance Laws and Religious Beliefs
According to §22.1-254(B)(1), nothing other than the sincerity of the parents’ religious training or beliefs should be considered by a school board for a religious exemption from compulsory education.

For some parents, obeying God by teaching or training their children in God’s ways and precepts is a deeply held conviction related to their children’s education. To protect both parental rights and freedom of religion, the Virginia Code gives authority to school boards to act on behalf of the State Board of Education to provide an exemption or excuse from compulsory attendance laws for parents who inform the school board of their religious convictions. HEAV estimates this includes 1% or less of the homeschool population.

What does “excuse” mean? To “excuse” means to release a person from the requirements. In this case, a religious exemption or excuse from compulsory attendance laws (22.1-254 (B)(1)) means a student is excused from the requirements of the law because of religious reasons.

For clarification, the law states religious beliefs cannot be “…political, sociological or philosophical views or a merely personal moral code…” Religious beliefs are based on a higher authority. They refer to an individual’s belief in a Supreme Being and his or her duties to that Being. These beliefs are superior to human relations.

How would SB1031 change this?
This proposed law change will force a parent to comply with the compulsory attendance requirements of the homeschool statute 22.1-254.1 for their religious convictions to be considered by the local superintendent (or, in many cases, his or her designee or staff). At present, a school board composed of numerous elected members makes this determination.

If a parent and student are to be released from compulsory attendance requirements, how can they be forced to comply with the same law from which they are excused–the homeschool law?

Therefore, SB1031’s requirement that parents first comply with the homeschool statute as a prerequisite for recognizing their religious convictions is illogical and out of line with the intent of religious freedom.

What will SB1031 change?
Any child and his parents may (not shall) receive an exemption if they fulfill the following requirements:

Submit a request to the division superintendent (not the elected school board);
Meet one of the qualifications to homeschool (high school diploma, teacher of qualifications, use a program of study…, or provides evidence of providing an adequate education for his child);
Provide annual notification by August 15 of his intent to receive an exemption;
Certify he shall cause his child to receive alternative instruction instead of school attendance;
Include a description of the curriculum (list of subjects);
Provide annual proof of progress by August 1 (achievement test, evaluation or assessment, etc.)

Do any of these requirements confirm a parent’s or student’s religious beliefs or indicate religious training? No.

While a majority of homeschooling parents choose to comply with these requirements as detailed in the homeschool statute 221-254.1, SB1031 in essence will eliminate religious exemption for parents with religious convictions. It puts everyone under the authority of the local school superintendent. Poof! Religious Exemption (RE) is gone!

There are other practical reasons to oppose this legislation:

Untrained, unelected local officials—including superintendents, homeschool liaisons, and staff—will determine whether parents’ beliefs are genuine or sincere.
School board members are elected officials who can be unelected, whereas superintendents are hired employees.
School boards act as agents of the state in considering religious exemptions, while superintendents oversee schools and implement local policies.
Yearly notification will require additional work for districts already overwhelmed with responsibilities, as evidenced by delays in processing NOIs.
With a high turnover rate among homeschool liaisons and staff, there will be greater opportunities for problems.
Districts are not knowledgeable about the homeschool law because of a lack of training, and they understand even less about religious convictions and exemptions.
This could result in an unfunded mandate, if districts must hire additional staff to accommodate new, additional responsibilities.
Other exemptions to compulsory attendance exist without requirements; this discriminates against parents.
This raises the question of who children belong to—the state or parents?
Fewer parents may comply with the law.

Under the US Constitution, religious freedom is the right for everyone to practice his or her religion, or to choose not to practice a religion at all. It prevents the government from interfering with the exercise of religion.