Wednesday, January 21, 2015

Parents' Rights Upheld in VA

Homeschooling Parents Declared to be ‘Bona Fide’ Guardians and Won’t Face Jail Posted on January 17, 2015 Written by grumpyelder.com

There was a spir­ited meet­ing at the Gooch County (VA) School Board last night as hun­dreds of peo­ple attended to show their con­cern about a dis­trict pol­icy that home­schooled stu­dents (at age 14) must declare their reli­gious affil­i­a­tion. From wric.com:

There’s con­tro­versy in Goochland over home­school­ing. It all stems from a new pol­icy that some par­ents believe vio­lates their rights. The pol­icy being ques­tioned affects fam­i­lies who home­school for reli­gious reasons.

In the past, par­ents had to reach out for per­mis­sion to teach their chil­dren at home. But now, the dis­trict wants to ensure kids are on board with their parent’s plan. Some­thing that’s not sit­ting well with The Pruiett’s, who home­school all six of their children.

After ten years of home­school­ing, approved by the Goochland County School Dis­trict, the fam­ily was stunned to receive a let­ter telling them they needed to reap­ply for the reli­gious exemp­tion that enables them to teach at home.

“We had 30 days to com­ply or be for­warded for pros­e­cu­tion, ” says Doug Pruiett.

The school board chair­per­son tells 8News, the pol­icy enforces a state statute that requires both par­ents and stu­dents request home­school­ing based on reli­gious beliefs. But the Pruiett’s insist the pol­icy inter­feres with their rights to raise their chil­dren as they see fit.

Doug Prui­ett main­tains, “I don’t believe the school board has the author­ity nor should they to inter­fere with fam­i­lies school­ing their chil­dren this way.”

Here is a report on the meet­ing last night from atten­dees. From freerepublic.com:

…..I was at this board meet­ing last night – in the front row – spoke, as did about 40 oth­ers, all but per­haps one strongly stat­ing the many rea­sons that the board’s deci­sion was wrong.

The turnout by county res­i­dents was over­whelm­ing, sev­eral hun­dred with stand­ing room only. It turned out to be a 1776 event, and utterly awe­some as one after another res­i­dent clearly pro­vided rea­son­ing as to why the board’s new pol­icy was wrong. The crowd was almost 100% sup­port­ing the over­turn­ing of the board’s action in 2013 that resulted in the Pruitt fam­ily being threat­ened with legal action requir­ing their chil­dren to legally attest to their desire to be homeschooled.

About 5 attor­neys spoke elo­quently, being so respected by the board that the board begged for help in how they should address the issue. One home­school­ing attor­ney mother, a tiny gal on fire, was awe­some, as was the HDLA, and oth­ers from pro-homeschooling groups.

But the attorney’s weren’t the only one’s hit­ting home runs – so many of the other speak­ers did as well and if I tried to detail each one this would be a book.

Sev­eral board mem­bers were clearly get­ting the mes­sage, a cou­ple pub­licly repent­ing of adopt­ing their policy.

The final issue agreed to by all and pre­sented by almost all the speak­ers was parental respon­si­bil­ity – and that up to 18, par­ents are totally respon­si­ble for their chil­dren under not only our reli­gious exemp­tion, but by a 2013 Vir­ginia law, Vir­ginia code 22.1–254(B)(1), that clearly states this. An astute home­shool­ing attor­ney father pre­sented this point.

The over 4 hour meet­ing was truly free­dom in action, and in the end, the board rescinded the pol­icy that was threat­en­ing the Pruitt fam­ily, and almost uni­ver­sally sup­ported the peti­tions of those who showed up to protest the destruc­tion of their free­dom in our county – a gen­er­ally very con­ser­v­a­tive one.

I’m not doing jus­tice to all that was said and done in this lengthy meet­ing – there was too much to post here – but it was an awe­some expe­ri­ence – and free­dom won……

Here is another response from the same blog explain­ing the ‘bona fide’ word­ing requir­ing a stu­dent to declare his/her reli­gious belief:

This is way too com­plex to get into here.

VA has long allowed both home­school­ing (where fam­i­lies have to tell the school board they are doing it, AND “Reli­gious Exemp­tion” from any school­ing based on reli­gious beliefs. The two are com­pletely sep­a­rate and different.

Home­school­ing requires, among other things, noti­fi­ca­tion, and pro­vid­ing the school board with your cur­ric­ula, mat­er­ials, syn­op­sis, and reg­u­lar testing.

Reli­gious exemp­tion requires none of those things at all, but is a dec­la­ra­tion by the fam­ily they are not bound by the law that requires chil­dren to be in school by their reli­gious con­vic­tions. This only requires noti­fy­ing the board of your inten­tion to be exempt and noth­ing else.

VA law is here:


And here is the crit­i­cal section:

“B. A school board shall excuse from atten­dance at school:

1. Any pupil who, together with his par­ents, by rea­son of bona fide reli­gious train­ing or belief is con­sci­en­tiously opposed to atten­dance at school. For pur­poses of this sub­di­vi­sion, “bona fide reli­gious train­ing or belief” does not include essen­tially polit­i­cal, soci­o­log­i­cal or philo­soph­i­cal views or a merely per­sonal moral code; and”

In 2013 the board decided, based on law­suits in Fair­fax and another VA county that the word­ing “Any PUPIL along with his parents…….”by rea­son of bona fide reli­gious train­ing or belief” meant that the board was required to deter­mine if the BELIEF OF THE PUPIL WAS “BONA FIDE”.

Sev­eral board mem­bers were VERY uncom­fort­able with this, but 4 to 1 voted in Dec. to require the child to prove their “bona fide” belief to the school board under this sec­tion of VA Law. They devel­oped a hor­ri­ble, inter­rog­a­tive ques­tion­naire that was required of pupils claim­ing the reli­gious exemp­tion. This is where they went off.

A hor­ri­ble ques­tion­naire was then required of those claim­ing “Reli­gious exemp­tion” which really doesn’t required the par­ents to edu­cate their chil­dren at all.

Wife and I are in the front row in this video…


What do you think is the orig­i­nal school board pol­icy intent to man­date 14 year old home­schooled stu­dents declare their reli­gious belief? Why should this have to be pro­vided to any gov­ern­men­tal agency? Does the belief of a 14 year old trump parental author­ity? What would hap­pen if a 14 year old stated he/she was agnos­tic? Would the State then pre­sume it had the author­ity to take this child from a Chris­t­ian house­hold because the par­ents’ teach­ings vio­lated the child’s rights/beliefs?

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