UPDATE: so annoyed...City trying to over rule State law

[Angie in VA]

The Buckingham County requirements might be related to Josh Powell (the homeschooled kid who had the article about him in the Wash. Post because he disagrees with homeschooling now). There was also a bill this year that aimed to "study the religious exemption provision". It effectively died in committee I believe but I think some of this might be behind the counties who are asking for more things in VA this year. (I'm not justifying, just explaining why we might be seeing it more here this year.) 

 

http://www.washingtonpost.com/local/students-home-schooling-highlights-debate-over-va-religious-exemption-law/2013/07/28/ee2dbb1a-efbc-11e2-bed3-b9b6fe264871_story.html

 

http://www.washingtonpost.com/local/education/virginia-lawmaker-seeks-to-clarify-education-law-on-religious-exemptions/2014/01/14/71a686dc-7c8c-11e3-9556-4a4bf7bcbd84_story.html

 

Thank you for linking this. I couldn't remember his name.

 

I know about the bill, but in the county I heard about, the school board had nothing to do w/ the letter that went out! Craziness!

[Haiku]

Just like kids shouldn't get to not go to school just because they don't want to, kids shouldn't get to go to school just because they want to. The parents have a right to decide their children's education.

 

I'm not sure why Josh Powell is complaining. He's studying at Georgetown!

[zoobie]

I don't understand why people say this is illegal. (not being snarky, I really don't understand)

 

There are Fedal Laws, State Laws and City laws/ordinances. They can be different and the person residing in an area has to abide by the most strict of all the laws that govern their area.

 

 

Why would a city law Or School Board decision be considered illegal, if it was passed via the legal process set forth?

 

Maybe it is over the top. Maybe it can be recinded if people show they don't find it appropriate and worth while, but you still may need to abide by the rule in the meanwhile.

 

That being said.....I am pretty well known for my asking people who govern "what are the consequences if I break xyz rule". If I find the consequences worth it, I am likely to do as I wish and just deal with the fall out.

The same way federalism works with enumerated, implied, and overlapping powers of nation and state applies to the mini-governments within states. Whether this form is "legal" depends on how Virginia's constitution and state laws have delegated power to the individual school boards. States often grant power over forms to the administrative agencies that deal with the issues. These are usually called "Rules" rather than "Laws," but they do have legal force behind them. State legislatures couldn't possibly write every inane rule for every tiny agency, and they want the experts in the field to deal with that. Schools being locally controlled historically has been a hot button issue. It made much more sense initially because people's lives were largely very localized. Now we are mobile and connected and can communicate easily, so localized powers are being re-absorbed by states for efficiency's sake. And, always, people like to fight over power!

 

I don't have the brain power (baby up all night) to look at Virginia's laws, but it is *possible* the state delegated the power to oversee homeschooler registration to the school districts. They usually put parameters around that power, but sometimes laws are written sloppily or ambiguously. I would hope the school board has some legal support (even if it is reading the law...interestingly) to its alteration of the state form, but they may be going rogue. If the state designated the power without specifying which form to use, well, they can write their own. The law could be written where one could see the state form as a suggestion rather than mandate.

 

I'm glad my state's rules are so easy, and they recently simplified them further. We used to be required to turn in attendance to the school district, which of course got bungled and resulted in a lawsuit. Then we were supposed to turn in attendance monthly to the state DoE, which quickly changed to fine just keep your attendance on file at home and file a letter of intent once a year. I believe they forgot to create a position to handle all the attendance forms at the state level, were drowned in paperwork, and pushed through a "fix." Oops. ;)

[jewellsmommy]

The homeschool coordinator called my friend back this morning. They are going to meet later. Hopefully I will have a good update. The coordinator did mention that their school board met again last night. She did not say if or how that is related to what is going on. The coordinator said that she would review the law in question before their meeting. She was pleasant, but seemed not particularly knowledgeable of the law and requirements. The coordinator also said that she told them (the clerks handling the forms) that the homeschoolers did not have to have the form notarized and that she didn't know why they were still insisting that people do that. :huh: Well, because their own stupid form itself says it has to be and there is clearly a designated space for it. The problem here is not rogue notary-happy clerks. The problem is their application and disregard for the state law.

[jewellsmommy]

The same way federalism works with enumerated, implied, and overlapping powers of nation and state applies to the mini-governments within states. Whether this form is "legal" depends on how Virginia's constitution and state laws have delegated power to the individual school boards. States often grant power over forms to the administrative agencies that deal with the issues. These are usually called "Rules" rather than "Laws," but they do have legal force behind them. State legislatures couldn't possibly write every inane rule for every tiny agency, and they want the experts in the field to deal with that. Schools being locally controlled historically has been a hot button issue. It made much more sense initially because people's lives were largely very localized. Now we are mobile and connected and can communicate easily, so localized powers are being re-absorbed by states for efficiency's sake. And, always, people like to fight over power!

 

I don't have the brain power (baby up all night) to look at Virginia's laws, but it is *possible* the state delegated the power to oversee homeschooler registration to the school districts. They usually put parameters around that power, but sometimes laws are written sloppily or ambiguously. I would hope the school board has some legal support (even if it is reading the law...interestingly) to its alteration of the state form, but they may be going rogue. If the state designated the power without specifying which form to use, well, they can write their own. The law could be written where one could see the state form as a suggestion rather than mandate.

 

I'm glad my state's rules are so easy, and they recently simplified them further. We used to be required to turn in attendance to the school district, which of course got bungled and resulted in a lawsuit. Then we were supposed to turn in attendance monthly to the state DoE, which quickly changed to fine just keep your attendance on file at home and file a letter of intent once a year. I believe they forgot to create a position to handle all the attendance forms at the state level, were drowned in paperwork, and pushed through a "fix." Oops. ;)

 

The biggest problem is that the Hampton School Board is making approval of the ability to homeschool contingent upon completion of their application as opposed to the resident notifying the school board that they will be exercising their right to homeschool as set forth in the law. The law does not allow for the ability of the school board to reject or deny the intent to homeschool (outside of a lack of academic progress). As long as you inform the local district that you are the parent/guardian, have a diploma, are showing a list of the subjects you will teach, and promise to turn in proof of academic progress, you are in compliance and are recognized as such.

 

The law and Hampton's form are linked in my op. I think their ridiculous and convoluted form is longer than the law itself :lol:

 

[Terabith]

Just like kids shouldn't get to not go to school just because they don't want to, kids shouldn't get to go to school just because they want to. The parents have a right to decide their children's education.

 

I'm not sure why Josh Powell is complaining. He's studying at Georgetown!

 

I think he has a point.  He didn't want to go to school for social reasons; he was genuinely concerned about academic learning and his ability to function as an adult.  He was being homeschooled under religious exemption, which requires no oversight.  He has siblings who play video games all day and a middle school aged sibling who cannot read.  I would argue that he has a point that the religious exemption should take into account the religious beliefs of the child as well as the adult.  If he was being homeschooled under the regular requirement, things would be different.  I'm not saying that it should be overturned, but I feel a great deal of sympathy for him and I feel concern because I *know* of other kids in his situation who have resigned themselves to never being able to get jobs above minimum wage due to a lack of education and feelings of hopelessness about not being *able* to get that education.  I think it's something that merits thinking/ talking about.

[zoobie]

The biggest problem is that the Hampton School Board is making approval of the ability to homeschool contingent upon completion of their application as opposed to the resident notifying the school board that they will be exercising their right to homeschool as set forth in the law. The law does not allow for the ability of the school board to reject or deny the intent to homeschool (outside of a lack of academic progress). As long as you inform the local district that you are the parent/guardian, have a diploma, are showing a list of the subjects you will teach, and promise to turn in proof of academic progress, you are in compliance and are recognized as such.

 

The law and Hampton's form are linked in my op. I think their ridiculous and convoluted form is longer than the law itself :lol:

 

I did scan the law you linked, but I didn't see explicit limits to the designation. I have no brain cells to dig deeper, see the legislative notes, see if the state form was included as mandatory elsewhere, Shepardize the law, etc. :)

 

I would be interested in the why... Is the school board seeing kids come in to public school from homeschooling where they are wholly unprepared (can't read, do basic math, etc. Not getting into unschooling debate!)? Or did the state dump this administrative burden on the district without providing the funding to carry it out? That puts the district in a bind. They typically get money based on enrollment numbers. If there are oodles of homeschoolers and the administrative burden is great, they have to divert money from the enrolled students to deal with this paperwork. Ok, so now they have incentive to reduce the paperwork by reducing the numbers who file. Generally people don't create extra work for themselves for NO reason, kwim?

[happi duck]

I hope I was clear that I turn in nothing more than what is required.

 

In our area, there was the state law but the problem came bc paperwork was turned into a person at the school that your child would attend if she went to B&M school. So each contact person at each school could make these little comments.

 

And some parents don't know the rules or don't want to rock the boat...or they don't see a problem with attaching book lists, etc.

 

My feeling: give what is required and nothing more.

Totally clear! Sorry if it felt like I was implying you were over sharing!!!

[I talk to the trees]

 

I would be interested in the why... Is the school board seeing kids come in to public school from homeschooling where they are wholly unprepared (can't read, do basic math, etc. Not getting into unschooling debate!)? Or did the state dump this administrative burden on the district without providing the funding to carry it out? That puts the district in a bind. They typically get money based on enrollment numbers. If there are oodles of homeschoolers and the administrative burden is great, they have to divert money from the enrolled students to deal with this paperwork. Ok, so now they have incentive to reduce the paperwork by reducing the numbers who file. Generally people don't create extra work for themselves for NO reason, kwim?

 

Generally, no, people don't like to create extra work for themselves.  And no, the state has made no changes to the laws regarding homeschooling. But I can see some new school board member who wanted to make a name for themselves "taking on those horribly under-regulated homeschoolers." Or someone who was concerned that their position might be in jeopardy might do the same thing. They may or may not actually have something against homeschoolers. But anyone claiming to champion the Education of Our Nation's Children will have the attention and, in general, the support of the masses.

 

Or maybe someone on the school board was just ticked off because their child didn't get into a specific college and the neighbor's homeschooled child did. Who knows? I'd just like to see those involved strongly reminded that school board members are charged with following and supporting the laws of the commonwealth, not making them.

[I talk to the trees]

Buckingham County. 

 

From VAHomeschoolers' website:

 

Buckingham County

We have also received reports of school officials in Buckingham County requesting that homeschoolers make an appointment for the parents and their children to meet with school officials to fill out paperwork and answer questions. While the law allows for dialoguing with students in granting religious exemption, no meeting with parents or students is required by law under the home instruction statute. We are currently in the process of contacting school division officials and will provide updates as we get more information. 

 

Ok, thanks. Not affecting us yet, but I can see the possibility of it spreading!

[Haiku]

He has siblings who play video games all day and a middle school aged sibling who cannot read.

In some circles that would be called unschooling. ;)

 

I feel a great deal of sympathy for him and I feel concern because I *know* of other kids in his situation who have resigned themselves to never being able to get jobs above minimum wage due to a lack of education and feelings of hopelessness about not being *able* to get that education. I think it's something that merits thinking/ talking about.

Lots of kids don't like things about how their parents raised them. That in and of itself is not sufficient reason to abridge their parents' rights, and it's up to adults to take control of their lives and deal with their lingering issues from their childhood. My dd didn't like the high school we sent her to. She felt it required too much work and wanted more free time. Oh well. Them's the breaks.

[Angie in VA]

 I'd just like to see those involved strongly reminded that school board members are charged with following and supporting the laws of the commonwealth, not making them.

 

:hurray:  :hurray:  :hurray:

[MysteryJen]

Our local school board decided to finally produce a form on which to submit the NOI. It called for all sorts of info the district was NOT entitled to--the ironic thing was that they finally produced said form the year AFTER the requirement for the district's form was dropped! They had to be reminded (over and over again) that the DISTRICT does not make school law, the STATE does. They can't demand more than the state requires. What's the harm in just filling out their form? Well, when the next, informed, hser declines, the district responds with, "Why won't you give us that info (textbook lists, birth dates etc.)? Mary H*** did! What are you trying to hide???" 

 My district did that too! I ignore the packet they send me and send in a single letter with only the required information. I have never had a problem.

 

Except for my annoyance that the district sends out a letter giving me "approval" to homeschool and sends it from the director of Intervention Services.

[Garga]

I think the school people (board, whoever is in power) just get in the habit of laying down their rules. Everyone has to follow the rules they make up: the teachers, the principals, the students. It's just How Things Work.

 

So, they make up homeschool rules to suit themselves. They totally forget that homeschoolers don't have to play along the way the teachers, students, etc, have to.

 

If it were me, I wouldn't get terribly upset by it. I'd follow the state law to the letter, mailing a copy of it (highlighted) along with whatever paperwork is required by the state. No biggie.

 

Oh, and I am going to write a letter to my local school today thanking them for not being jerks. Really! They sent me a letter that reads like this:

 

"Thank you very much for your affidavit informing me of your plans to continue home schooling your child under Pennsylvania Home Eduction law. This letter serves as confirmation that we have received all required materials." The second paragraph outlines all the responsibilities they have toward me as a home educator including providing planned courses and texts upon my request, services provided by the school health personnel, and standardized testing provided by the guidance counselors.

 

No where did they say they were approving my application. They simply acknowledge my intent and reminded me of what they must provide if I ask for it. Wow. I really am going to send them a letter for being so easy to work with and collaborating with me instead of working against me.

[Reefgazer]

When I first started homeschooling last year, Norfolk city sent me a form after I mailed in my NOI asking for additional information.  HSLDA told me to ignore it. 

It wouldn't tick me off.  I would just ignore it.  Send in what is required, but no more, along with a copy of the state's law.  If they aren't happy about it, tough titty.

 

[jewellsmommy]

I did scan the law you linked, but I didn't see explicit limits to the designation. I have no brain cells to dig deeper, see the legislative notes, see if the state form was included as mandatory elsewhere, Shepardize the law, etc. :)

 

I would be interested in the why... Is the school board seeing kids come in to public school from homeschooling where they are wholly unprepared (can't read, do basic math, etc. Not getting into unschooling debate!)? Or did the state dump this administrative burden on the district without providing the funding to carry it out? That puts the district in a bind. They typically get money based on enrollment numbers. If there are oodles of homeschoolers and the administrative burden is great, they have to divert money from the enrolled students to deal with this paperwork. Ok, so now they have incentive to reduce the paperwork by reducing the numbers who file. Generally people don't create extra work for themselves for NO reason, kwim?

 

What it looks like, to me, is that they combined/lumped in homeschool and other exemptions to compulsory attendence. For instance if one was needing homebound education due to illness or there was a safety concern and you wanted your child still educated by the system but at home. I have not looked into the law that regulates the other exemptions though. I imagine though that you would have to apply for that type of service because they send out a teacher and use extra resources etc. It seems someone thought, "Hey, lets put them all on the same application."

[Farrar]

I think he has a point.  He didn't want to go to school for social reasons; he was genuinely concerned about academic learning and his ability to function as an adult.  He was being homeschooled under religious exemption, which requires no oversight.  He has siblings who play video games all day and a middle school aged sibling who cannot read.  I would argue that he has a point that the religious exemption should take into account the religious beliefs of the child as well as the adult.  If he was being homeschooled under the regular requirement, things would be different.  I'm not saying that it should be overturned, but I feel a great deal of sympathy for him and I feel concern because I *know* of other kids in his situation who have resigned themselves to never being able to get jobs above minimum wage due to a lack of education and feelings of hopelessness about not being *able* to get that education.  I think it's something that merits thinking/ talking about.

 

There was a long discussion about it on this board when the article was first published.  I have no clue if the new forms are in response to that at all, but if so, they're really misguided as they won't stop families from preventing their kids from going to school or accessing learning.  Even if the new forms were legal and people filled they out, they could still homeschool in the same manner.

[Katy]

Our district, over the years, has lost or misplaced over a third of the NOIs. Either there is something else going on, or they're hiring incompetent people. I always warn our list to make sure they get a RECEIPT for their NOI. And then the district sends out the yearly: come in for the TCAP! We can't use the TCAP, as it's not nationally standardized. 

 

I bet they're hoping home school kids will pull up their district's testing averages.

[nukeswife]

This just makes me glad that we're moving out of VA.  We've been here for 6.5 years and every stinking year I get a call asking why my kids grade levels aren't on the NOI letter I send.  "The state law doesn't require me to provide you with that information.  Have a nice day" Click  I'll be so happy when I don't have to deal with her anymore. 

[Angie in VA]

Our local school board decided to finally produce a form on which to submit the NOI. It called for all sorts of info the district was NOT entitled to--the ironic thing was that they finally produced said form the year AFTER the requirement for the district's form was dropped! They had to be reminded (over and over again) that the DISTRICT does not make school law, the STATE does. They can't demand more than the state requires. What's the harm in just filling out their form? Well, when the next, informed, hser declines, the district responds with, "Why won't you give us that info (textbook lists, birth dates etc.)? Mary H*** did! What are you trying to hide???" 

 

Yep, years ago I read about a family who refused to give info that was not lawful for the district folks to ask and the district responded w/, "But everyone's been giving us this info!" I think it was in Maryland, not sure what city or county. 

 

This just makes me glad that we're moving out of VA.  We've been here for 6.5 years and every stinking year I get a call asking why my kids grade levels aren't on the NOI letter I send.  "The state law doesn't require me to provide you with that information.  Have a nice day" Click  I'll be so happy when I don't have to deal with her anymore. 

 

I'm sorry you've had such bad experiences. Again, I'd ask where you are, but I won't share my location, so I won't bug you. Sorry it was a pain every year and that you're leaving this great state. 

[jewellsmommy]

UPDATE: My friend met with the Superintendent this afternoon. She got back the forms that they had her dh fill out and were notified! They accepted the original NOI instead, which is identical to what she had submitted the last 3 yrs and is the same form that I turn in every year (printed from HEAV).  The superintendent said that they re-wrote the forms last night and today! Their city supplied form now says notice instead of application. The only aspect that their city form kept that is still questionable is birth date instead of age. But, despite the fact that the HEAV form does NOT include birth date (just age) they still accepted it in lieu of theirs.

 

The superintendent did not agree that birth date was not required and that will remain on their form, but it is now a one page simple notice instead of that 4 page nonsense they were pushing. So HEAV or HSLDA can fight with them about the birth date and we will see where they settle out. I was very proud of my friend for actually getting back that form her dh filled out. She was respectful but insistent and used the law.

[Haiku]

We are required to give a birthdate but not a grade. I never put a grade on my notification, but each year, when the district sends me the packet of information they think I need in order to submit my next notification, they list a grade for each kid.  :thumbdown:

[TranquilMind]

Sorry if this has been complained about already.

 

The school board in the city of Hampton decided to impose some extra rules that go way above and beyond the state homeschool law.

 

This is VA law:

 

http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+22.1-254.1

 

My friend's dh took their NOI into the Hampton School Board. They would not accept it. They told him he had to fill out their form. Our law does not require any particular form be used. This form requires more info be supplied than what the law requires. They also required that the form be notarized and that any child over 10 sign the form if you are homeschooling for health reasons. This is a 4 page form. They also refer to it as an Application as opposed to a Notice of Intent. The clerk informed my friend's dh that they would be denied if he did not fill out their form. :huh:  The law does NOT allow for this.

 

Here is a link to the form:

http://www.hampton.k12.va.us/departments/socialwork/Non-Religious%20Exemption%20Form-Updated-1.pdf

 

Hampton still has their old NOI linked on their school board page, but will not accept it. They are requiring the one linked above. The clerk told friend's dh that this is a new law, just passed, so he jumped through their hoops.

 

I have no problem following the law, but it infuriates me that this city is violating the state law in such an over-the-top way. :cursing:  We're not talking about arguing over birthdate vs age vs grade level. They turned the right to inform the state that you are homeschooling into the right to ask nicely if you may homeschool!

 

Please tell me that this would tick you off too!

 

 

 

UPDATE: My friend met with the Superintendent this afternoon. She got back the forms that they had her dh fill out and were notified! They accepted the original NOI instead, which is identical to what she had submitted the last 3 yrs and is the same form that I turn in every year (printed from HEAV).  The superintendent said that they re-wrote the forms last night and today! Their city supplied form now says notice instead of application. The only aspect that their city form kept that is still questionable is birth date instead of age. But, despite the fact that the HEAV form does NOT include birth date (just age) they still accepted it in lieu of theirs.

 

The superintendent did not agree that birth date was not required and that will remain on their form, but it is now a one page simple notice instead of that 4 page nonsense they were pushing. So HEAV or HSLDA can fight with them about the birth date and we will see where they settle out. I was very proud of my friend for actually getting back that form her dh filled out. She was respectful but insistent and used the law.

Maybe I missed something.  Where does the local form exceed what is required by state law?  It looked pretty much like a summary to me, except for the part about a kid over 10 signing.  Perhaps I missed a page or misread something? 

[ThisIsTheDay]

 

 I think it's pretty bold to ask a child to sign something, as if they have the legal authority to sign anything.  Hm.

 

 

The application must be signed under oath by the parent(s) and pupil (if age 10 or older) and notarized by a Notary Public

...

 

 

 

Without digging into the VA hs law, there is a section of the Religious Exemption that permits districts to have the student of a certain age also agree/sign that they are hsing for RE.  I know that you only have to file your RE one time (not annually), so my *guess* is that a district can only request it if you are filing RE when your child is older.

 

But I would have a problem with a 10 yo signing the form.  I *believe* that it's intended for high school aged children.

 

With RE, districts are allowed to request certain info (such as a pastor's letter as "proof" that public schooling would be against your faith), but not all districts request everything to which they are "entitled" by state law.

[Reefgazer]

Virginia state law says you are required to file a NOI (not an application) that certifies you are the teacher and your street address, and give that to the district along with:  1) A copy of your credentials (like a high school diploma), 2) the name and age of each child being homeschooled, and a list of subjects to be taught each year.  State law requires nothing else, so anything a district asks above and beyond that is not justified.

 

ETA:  A Virginia resident is not obligated to offer the following that Hampton asked for:  1)  DOB, 2) Previous enrollment information, 3) telephone number, 4) grade in school, 5) anything in "Part E", 6) recommendation of principal, 7) health exemption, 8) safety exemption, 9) juvenile court recommendations, or 10) the notary requirement.

Maybe I missed something.  Where does the local form exceed what is required by state law?  It looked pretty much like a summary to me, except for the part about a kid over 10 signing.  Perhaps I missed a page or misread something? 

 

[jewellsmommy]

Maybe I missed something.  Where does the local form exceed what is required by state law?  It looked pretty much like a summary to me, except for the part about a kid over 10 signing.  Perhaps I missed a page or misread something? 

 

 

APPLICATION FOR EXEMPTION FROM COMPULSORY

SCHOOL ATTENDANCE

 

If you wish to apply for an exemption, you must fully complete the following form for

consideration by the School Board of the City of Hampton. The application must be

signed under oath by the parent(s) and pupil (if age 10 or older) and notarized by a

NotaryPublic. ... An incomplete application will not be processed and failure to provide all of the

requiredinformation will result ina denial of the exemption.

 

 

 

The biggest issue is that they treat it as and call it an application. They threaten to deny you. The state law says that we must notify them that we are going to homeschool. There is no provision that permits the school boards to deny the ability to homeschool (unless there is a lack of academic progress). That sentence has no business being thre and amounts to intimidation in order to get the info they want as opposed to the info they are owed by law only. They ask for birth date which is not required. They ask for it to be notarized which is not required. They ask for a home and work telephone number which is not required, They ask for grade and present or future school of enrollment, all not required.

 

I know some of these sound petty to quibble with, but the more you give in the more they start to require. For 3 years there was no issue with the NOI my friend submitted. Then all of a sudden they make this form. They have changed it back now. The only demand remaining is birth date. They dropped all the rest.

[jewellsmommy]

Virginia state law says you are required to file a NOI (not an application) that certifies you are the teacher and your street address, and give that to the district along with:  1) A copy of your credentials (like a high school diploma), 2) the name and age of each child being homeschooled, and a list of subjects to be taught each year.  State law requires nothing else, so anything a district asks above and beyond that is not justified.

 

You beat me to it. :001_smile:

 

[TranquilMind]

Virginia state law says you are required to file a NOI (not an application) that certifies you are the teacher and your street address, and give that to the district along with:  1) A copy of your credentials (like a high school diploma), 2) the name and age of each child being homeschooled, and a list of subjects to be taught each year.  State law requires nothing else, so anything a district asks above and beyond that is not justified.

 

ETA:  A Virginia resident is not obligated to offer the following that Hampton asked for:  1)  DOB, 2) Previous enrollment information, 3) telephone number, 4) grade in school, 5) anything in "Part E", 6) recommendation of principal, 7) health exemption, 8) safety exemption, 9) juvenile court recommendations, or 10) the notary requirement.

Ok, thanks for clearing that up. 

[TranquilMind]

 

APPLICATION FOR EXEMPTION FROM COMPULSORY

SCHOOL ATTENDANCE

 

If you wish to apply for an exemption, you must fully complete the following form for

consideration by the School Board of the City of Hampton. The application must be

signed under oath by the parent(s) and pupil (if age 10 or older) and notarized by a

NotaryPublic. ... An incomplete application will not be processed and failure to provide all of the

requiredinformation will result ina denial of the exemption.

 

 

 

The biggest issue is that they treat it as and call it an application. They threaten to deny you. The state law says that we must notify them that we are going to homeschool. There is no provision that permits the school boards to deny the ability to homeschool (unless there is a lack of academic progress). That sentence has no business being thre and amounts to intimidation in order to get the info they want as opposed to the info they are owed by law only. They ask for birth date which is not required. They ask for it to be notarized which is not required. They ask for a home and work telephone number which is not required, They ask for grade and present or future school of enrollment, all not required.

 

I know some of these sound petty to quibble with, but the more you give in the more they start to require. For 3 years there was no issue with the NOI my friend submitted. Then all of a sudden they make this form. They have changed it back now. The only demand remaining is birth date. They dropped all the rest.

 

Why don't you VA homeschoolers simply write your own "Exemption From Compulsory School Attendance".    (What does NOI stand for - I missed that on the thread). 

 

Pursuant to  (cite statute), the undersigned, (name) hereby states that (list state designated requirements exactly and then state how they are fulfilled)   Send it to the appropriate party by mail or email, keeping copies for yourself, and perhaps mailing it with return receipt required.     Done.

 

The jurisdiction cannot deny an exemption that does not require an application for said exemption.  They clearly know they are out of line since the requirements were dropped.  I'd comply with the state law and no more. 

 

 

 

 

[Kathryn]

Why don't you VA homeschoolers simply write your own "Exemption From Compulsory School Attendance". (What does NOI stand for - I missed that on the thread).

 

Pursuant to (cite statute), the undersigned, (name) hereby states that (list state designated requirements exactly and then state how they are fulfilled) Send it to the appropriate party by mail or email, keeping copies for yourself, and perhaps mailing it with return receipt required. Done.

 

The jurisdiction cannot deny an exemption that does not require an application for said exemption. They clearly know they are out of line since the requirements were dropped. I'd comply with the state law and no more.

I believe NOI is notice of intent.

[Reefgazer]

NOI = Notice of Intent.

 

Some VA homeschoolers do write their own notice, some use the state homeschooling organization notice, and some use HSLDA's notice.  Any of those are valid, as long as they contain the required info.  Hampton tried to claim otherwise, but when push comes to shove, they don't have a leg to stand on and homeschoolers here can ignore their nonsense requests.

Why don't you VA homeschoolers simply write your own "Exemption From Compulsory School Attendance".    (What does NOI stand for - I missed that on the thread). 

Pursuant to  (cite statute), the undersigned, (name) hereby states that (list state designated requirements exactly and then state how they are fulfilled)   Send it to the appropriate party by mail or email, keeping copies for yourself, and perhaps mailing it with return receipt required.     Done.

 

The jurisdiction cannot deny an exemption that does not require an application for said exemption.  They clearly know they are out of line since the requirements were dropped.  I'd comply with the state law and no more. 

 

[Angie in VA]

Just saw the update in the OP. Good for your friend getting that form back. Hope the DOB issue is settled soon. 

[nukeswife]

I'm sorry you've had such bad experiences. Again, I'd ask where you are, but I won't share my location, so I won't bug you. Sorry it was a pain every year and that you're leaving this great state. 

 

I don't mind saying it.  I am in Chesapeake, at least for the next 5 days I am.  Being that I'm not from VA, I'm quite happy to be moving on.  We're going to TN which is much closer to the midwest where I grew up.  I'm just not a coast person.

 

[Angie in VA]

I don't mind saying it.  I am in Chesapeake, at least for the next 5 days I am.  Being that I'm not from VA, I'm quite happy to be moving on.  We're going to TN which is much closer to the midwest where I grew up.  I'm just not a coast person.

 

Sorry you didn't live in another part of Virginia. I'm glad you'll be closer to your roots in TN. :)

[I talk to the trees]

I turned in my NOI yesterday. The secretary signed my copy, then smiled and waved me on. We're in SW VA, so perhaps all the craziness is out there in the Tidewater area.

[Alicia64]

GREAT that your friend met with them. That's the way to do it. We should expect that this sort of overreach will happen here and there. It happened this year in my VA school district and I contacted the Org. for VA Homeschoolers. I called their helpline and they were phenomenal.

 

Rather than the whole "I'm so irritated" thing -- which I completely understand -- we need to be prepared to stand our ground and educate these gov't people. Because if we let them take "small" rights away from us. . . homeschoolers in the future will end up having to deal with a mess.

 

VA law trumps school districts. Period.

 

So good for your friend!

 

Alley

[QueenCat]

I don't mind saying it.  I am in Chesapeake, at least for the next 5 days I am.  Being that I'm not from VA, I'm quite happy to be moving on.  We're going to TN which is much closer to the midwest where I grew up.  I'm just not a coast person.

 

TN is easy to homeschool in............ you do have to do more than a NOI but it's not hard to do what you want to do.

[nukeswife]

TN is easy to homeschool in............ you do have to do more than a NOI but it's not hard to do what you want to do.

 

I'm using Homelife so it won't be too hard,  We're already registered with them, just have to update the address once we're in TN and then turn in my grades as needed this year.   My kids are looking forward to the no testing unless it's for mom and dad only part of it. 

 

[idnib]

I keep reading "NOI" as "NO!"

 

"I turned in my 'NO!' yesterday."  :laugh:

[Spryte]

I keep reading "NOI" as "NO!"

 

"I turned in my 'NO!' yesterday." :laugh:

Just say No! To public school? :)

 

Turned ours in, too. Now we wait for approval, oops I mean confirmation of receipt!

[QueenCat]

I'm using Homelife so it won't be too hard,  We're already registered with them, just have to update the address once we're in TN and then turn in my grades as needed this year.   My kids are looking forward to the no testing unless it's for mom and dad only part of it. 

 

Homelife Academy here too. They are wonderful to work with.

[ZooRho]

I wished you had written me and told me this earlier.  glad it worked out.

do I know the person?

 

Sorry if this has been complained about already.

 

The school board in the city of Hampton decided to impose some extra rules that go way above and beyond the state homeschool law.

 

This is VA law:

 

http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+22.1-254.1

 

My friend's dh took their NOI into the Hampton School Board. They would not accept it. They told him he had to fill out their form. Our law does not require any particular form be used. This form requires more info be supplied than what the law requires. They also required that the form be notarized and that any child over 10 sign the form if you are homeschooling for health reasons. This is a 4 page form. They also refer to it as an Application as opposed to a Notice of Intent. The clerk informed my friend's dh that they would be denied if he did not fill out their form. :huh:  The law does NOT allow for this.

 

Here is a link to the form:

http://www.hampton.k12.va.us/departments/socialwork/Non-Religious%20Exemption%20Form-Updated-1.pdf

 

Hampton still has their old NOI linked on their school board page, but will not accept it. They are requiring the one linked above. The clerk told friend's dh that this is a new law, just passed, so he jumped through their hoops.

 

I have no problem following the law, but it infuriates me that this city is violating the state law in such an over-the-top way. :cursing:  We're not talking about arguing over birthdate vs age vs grade level. They turned the right to inform the state that you are homeschooling into the right to ask nicely if you may homeschool!

 

Please tell me that this would tick you off too!

 

 

 

UPDATE: My friend met with the Superintendent this afternoon. She got back the forms that they had her dh fill out and were notified! They accepted the original NOI instead, which is identical to what she had submitted the last 3 yrs and is the same form that I turn in every year (printed from HEAV).  The superintendent said that they re-wrote the forms last night and today! Their city supplied form now says notice instead of application. The only aspect that their city form kept that is still questionable is birth date instead of age. But, despite the fact that the HEAV form does NOT include birth date (just age) they still accepted it in lieu of theirs.

 

The superintendent did not agree that birth date was not required and that will remain on their form, but it is now a one page simple notice instead of that 4 page nonsense they were pushing. So HEAV or HSLDA can fight with them about the birth date and we will see where they settle out. I was very proud of my friend for actually getting back that form her dh filled out. She was respectful but insistent and used the law.

 

[ZooRho]

Okay I came in way late on this, but I've been busy getting my baby ready for college.

I'm in the city of question.  Lovely. There is a new person in that office the other person had been there for 20 some odd years so probably someone read some things and took their own take on the issue.

HEAV and VA Homeschoolers are both working on this issue.  I do think that Hampton is approving What ever is sent in, at least that is what I am hearing.    Should be interesting to watch it play out.
and I'm trying to get a job in the system. LOVELY.

 

[shawthorne44]

I don't like the idea of them having approval, even if they are approving everything ... at least for now.  Bureaucrats never let power go unused for very long.   

[ZooRho]

I don't like the idea of them having approval, even if they are approving everything ... at least for now.  Bureaucrats never let power go unused for very long.   

Actually in VA they don't have approval rights, the only thing they can ding someone on is not having the proper info that is required.   but many do say approval on their notes which we all just chuckle about.