I also deal with a son who has been diagnosed ADHD. We do not medicate him, instead we use behavior modification. This method has worked over the year very well for us. Let me say I have nothing against medicine...but if it is only being used to "calm" the child down I don't like it. A lot of our schools, even though it is against the law for them to even suggest it, really push meds onto the "disruptive" kids. The parents I know, who have had THE meeting, say they really feel pressured to administer meds to their kids; that they feel ganged-up on. I know a teacher who once told me "if your child had diabetes wouldn't you put him on meds? Your child has ADHD the same should apply- he should be on meds". I really took offense to that comment and totally didn't (and don't) agree with that at all. For one, diabetes is a medical condition you can die from and, as far as I know, ADHD has never killed anyone. A child who has ADHD could die due to some of the symptoms (i.e. impulse control resulting in death, depression resulting in suicide, etc) but the actual diagnosis has not, as far as I know, ever killed a child. And while I really liked this teacher, I would NEVER have allowed her to teach my ADHD son, since it was obvious to me that she already had made up her mind and would not be receptive to behavior modification. That said, putting your child on meds is your choose, not mine. I choose not to...
I really did lots of research on ADHD before my son started school. For him, the problems started in preschool. He was unable to control his impulses and was being threatened to be kicked out of preschool! I was shocked!! The child was 4 yrs old!! Having been a preschool teacher I understood the reasons as to why they would think about dismissing him but also due to that same experience I knew that there was an underlying problem to the situation. Come to find out that he wasn't the only child misbehaving and the underlying problem was that there wasn't enough stimulation being offered to the children. The talks at circle time were much too boring to the children. There were no manipulative, pictures, etc. There was not a constant adult in the room. Needless to say this was my first battle in our journey of ADHD. I fought to make the school changes some of the things they did or didn't do. These changes really helped the class as a whole. He did not get expelled and from the preschool on an upbeat note.
I plan to continue writing about this journey so stay toned...
"Why Gender Matters" by Dr Leonard Sax is a good book to read, particularly if you have boys or tom-girls, or if you have a child labeled as ADHD. If you live near me I know that the Samuels Library has a copy of this book. Dr Sax also has a new book out "Boys Adrift". This is also an interesting book to read.
Wednesday, April 7, 2010
Virginia Homeschooling regulations
There are 4 options to homeschool in Virginia.
Option I: Home School Statute. Va. Code Ann. § 22.1-254.1. “Home Instruction”
1. Parental instruction of children is an acceptable form of education. Va. Code Ann. § 22.1-254.1(A).
2. Parents must annually notify their local superintendent of their intention to home school by August 15. If moving into the school district or if starting home instruction after the school year has begun, parents must notify “as soon as practicable” and thereafter comply with other requirements within thirty days of notice. There is no requirement to use the local school district’s form.
3. Approval is not required. "Approval is automatic so long as a proper notice is filed." State Supts. Memo No. 105, June 6, 1984. The same is true for families starting after the school year has begun: "...subsequent to providing the school division with a notice of intent, such parents can begin home schooling and they will have 30 days to submit the other information required." Supts. Memo No. 124, June 9, 2006, referring to the legislature's 2006 addition of the word "thereafter" to the notice requirement.
4. Parents must satisfy one of four options: (i) have a high school diploma, or (ii) be a “teacher of qualifications prescribed by the Board of Education,” or (iii) provide a curriculum or program of study, or (iv) provide evidence that the “parent is able to provide an adequate education.” State Supt. Memo 105, June 6, 1984, stated that in determining whether a parent can provide an adequate education, a local superintendent should determine “whether the document itself exhibits a mastery of language by the writer; whether it includes plans for instructional activities; and whether it presents a reasonable scope and sequence of content. The [local] superintendent does not have to approve or disapprove the activities or the content and should not pass judgment on whether the curriculum is a satisfactory substitute for that of the public schools. That should be left to the parent.”
5. Parents must submit a "description of curriculum” which is a list of subjects they intend to teach. Families are not required to describe the content of individual courses.
6. Anyone aggrieved by a superintendent’s decision may appeal within 30 days to an independent hearing officer.
Alternative Statutes Allowing for Home Schools:
Option II: Religious Exemption Statute. “A school board shall excuse from attendance at school any pupil who, together with his parents, by reason of bona fide religious training or belief is conscientiously opposed to attendance at school.” § 22.1-254(B)(1). Homeschoolers may receive an exemption under this statute according to § 22.1-254.1(D). This exempts them from all requirements under the home school law. § 22.1-254 (H)(5).
In Johnson v. Prince William County School Board, 404 S.E.2d 209 (1991), the Virginia Supreme Court agreed with HSLDA’s arguments and ruled that the “sole test is the bona fides of their (a home school family’s) religious beliefs.” The state’s interest in education cannot be considered. The court also held that a family only has to demonstrate religious opposition to attendance at public school, not opposition to the home school statute or private school attendance. In HSLDA’s case, Dusan v. Cumberland Co. School Board (Chancery No. 2102, Cumberland Co. Circuit Court, Judge Snoddy, Sept. 15, 1993), the Court agreed with HSLDA and favorably applied the Johnson case and reversed the board’s denial of the parents’ religious exemption.
Homeschoolers choosing this option, therefore, need to prove: (1) they have sincere beliefs that are (2) religious, not merely philosophical, which (3) demonstrate their objection to attendance in the public schools. Homeschoolers should prepare a letter describing their religious beliefs opposing public school attendance and submit to the school board. Also, homeschoolers should include an affidavit from their pastor (or other religious expert or authority) stating that their beliefs concerning education are religious in nature, and two or three letters from friends who can vouch for their sincerity.
Option III. Certified Tutor Statute:
If a parent is certified in Virginia, he need only provide a one-time notice to the local superintendent that he will be tutoring children (the name of the children who will be tutored should not be included) and verify that he is certified. § 22.1-254(A). Two courts have ruled that homeschool parents can use this option. One was HSLDA’s case, Prince William Co. School Board v. Charles Berlin, No. CH-34982, Prince William Co. Circuit Court, Judge Richard Potter, Nov. 24, 1993. Subsequently, a State Superintendent memo advised all school districts to follow the Berlin ruling.
Option IV. Private or Denominational School:
Groups of homeschoolers can create private schools with each home a part of the campus and each parent a teacher. Private schools are not regulated. § 22.1-254. An individual home school cannot be a private school. § 22.1-254.A. A private school can establish a distance program (or virtual program, or satellite program) where a student is enrolled in and under the authority of the private school, but the student is taught primarily by his parents at home.
Standardized Tests:
Only for parents choosing Option I, and only if the child was 6 or older by Sept. 30. By August 1, submit one of the following. Va. Code Ann. § 22.1-254.1(C) 1. Results of any nationally normed standardized achievement test showing the child attained “a composite score in or above the fourth stanine” (i.e., 23rd percentile); or 2. An evaluation letter from a person licensed to teach in any state, or a person with a master’s degree or higher in an academic discipline, having knowledge of the child’s academic progress, stating that the child is achieving an adequate level of educational growth and progress; or 3. A report card or transcript from a community college or college, college distance learning program, or home-education correspondence school; or 4. Another type of “evaluation or assessment which the division superintendent determines to indicate that the child is achieving an adequate level of educational growth and progress.” If you plan to submit an assessment under test option 4, it is strongly recommended that you discuss this with the school system early in the school year.
Copyright 2009, HSLDA, all rights reserved. May be reproduced only by permission.
THIS ANALYSIS DOES NOT CONSTITUTE THE GIVING OF LEGAL ADVICE.
Call or write to receive a free copy of HSLDA’s newsletter and membership application.
HSLDA, P.O. Box 3000 Purcellville, VA 20134 • Phone: (540) 338-5600 • Fax: (540) 338-2733 • Website: www.hslda.org
Option I: Home School Statute. Va. Code Ann. § 22.1-254.1. “Home Instruction”
1. Parental instruction of children is an acceptable form of education. Va. Code Ann. § 22.1-254.1(A).
2. Parents must annually notify their local superintendent of their intention to home school by August 15. If moving into the school district or if starting home instruction after the school year has begun, parents must notify “as soon as practicable” and thereafter comply with other requirements within thirty days of notice. There is no requirement to use the local school district’s form.
3. Approval is not required. "Approval is automatic so long as a proper notice is filed." State Supts. Memo No. 105, June 6, 1984. The same is true for families starting after the school year has begun: "...subsequent to providing the school division with a notice of intent, such parents can begin home schooling and they will have 30 days to submit the other information required." Supts. Memo No. 124, June 9, 2006, referring to the legislature's 2006 addition of the word "thereafter" to the notice requirement.
4. Parents must satisfy one of four options: (i) have a high school diploma, or (ii) be a “teacher of qualifications prescribed by the Board of Education,” or (iii) provide a curriculum or program of study, or (iv) provide evidence that the “parent is able to provide an adequate education.” State Supt. Memo 105, June 6, 1984, stated that in determining whether a parent can provide an adequate education, a local superintendent should determine “whether the document itself exhibits a mastery of language by the writer; whether it includes plans for instructional activities; and whether it presents a reasonable scope and sequence of content. The [local] superintendent does not have to approve or disapprove the activities or the content and should not pass judgment on whether the curriculum is a satisfactory substitute for that of the public schools. That should be left to the parent.”
5. Parents must submit a "description of curriculum” which is a list of subjects they intend to teach. Families are not required to describe the content of individual courses.
6. Anyone aggrieved by a superintendent’s decision may appeal within 30 days to an independent hearing officer.
Alternative Statutes Allowing for Home Schools:
Option II: Religious Exemption Statute. “A school board shall excuse from attendance at school any pupil who, together with his parents, by reason of bona fide religious training or belief is conscientiously opposed to attendance at school.” § 22.1-254(B)(1). Homeschoolers may receive an exemption under this statute according to § 22.1-254.1(D). This exempts them from all requirements under the home school law. § 22.1-254 (H)(5).
In Johnson v. Prince William County School Board, 404 S.E.2d 209 (1991), the Virginia Supreme Court agreed with HSLDA’s arguments and ruled that the “sole test is the bona fides of their (a home school family’s) religious beliefs.” The state’s interest in education cannot be considered. The court also held that a family only has to demonstrate religious opposition to attendance at public school, not opposition to the home school statute or private school attendance. In HSLDA’s case, Dusan v. Cumberland Co. School Board (Chancery No. 2102, Cumberland Co. Circuit Court, Judge Snoddy, Sept. 15, 1993), the Court agreed with HSLDA and favorably applied the Johnson case and reversed the board’s denial of the parents’ religious exemption.
Homeschoolers choosing this option, therefore, need to prove: (1) they have sincere beliefs that are (2) religious, not merely philosophical, which (3) demonstrate their objection to attendance in the public schools. Homeschoolers should prepare a letter describing their religious beliefs opposing public school attendance and submit to the school board. Also, homeschoolers should include an affidavit from their pastor (or other religious expert or authority) stating that their beliefs concerning education are religious in nature, and two or three letters from friends who can vouch for their sincerity.
Option III. Certified Tutor Statute:
If a parent is certified in Virginia, he need only provide a one-time notice to the local superintendent that he will be tutoring children (the name of the children who will be tutored should not be included) and verify that he is certified. § 22.1-254(A). Two courts have ruled that homeschool parents can use this option. One was HSLDA’s case, Prince William Co. School Board v. Charles Berlin, No. CH-34982, Prince William Co. Circuit Court, Judge Richard Potter, Nov. 24, 1993. Subsequently, a State Superintendent memo advised all school districts to follow the Berlin ruling.
Option IV. Private or Denominational School:
Groups of homeschoolers can create private schools with each home a part of the campus and each parent a teacher. Private schools are not regulated. § 22.1-254. An individual home school cannot be a private school. § 22.1-254.A. A private school can establish a distance program (or virtual program, or satellite program) where a student is enrolled in and under the authority of the private school, but the student is taught primarily by his parents at home.
Standardized Tests:
Only for parents choosing Option I, and only if the child was 6 or older by Sept. 30. By August 1, submit one of the following. Va. Code Ann. § 22.1-254.1(C) 1. Results of any nationally normed standardized achievement test showing the child attained “a composite score in or above the fourth stanine” (i.e., 23rd percentile); or 2. An evaluation letter from a person licensed to teach in any state, or a person with a master’s degree or higher in an academic discipline, having knowledge of the child’s academic progress, stating that the child is achieving an adequate level of educational growth and progress; or 3. A report card or transcript from a community college or college, college distance learning program, or home-education correspondence school; or 4. Another type of “evaluation or assessment which the division superintendent determines to indicate that the child is achieving an adequate level of educational growth and progress.” If you plan to submit an assessment under test option 4, it is strongly recommended that you discuss this with the school system early in the school year.
Copyright 2009, HSLDA, all rights reserved. May be reproduced only by permission.
THIS ANALYSIS DOES NOT CONSTITUTE THE GIVING OF LEGAL ADVICE.
Call or write to receive a free copy of HSLDA’s newsletter and membership application.
HSLDA, P.O. Box 3000 Purcellville, VA 20134 • Phone: (540) 338-5600 • Fax: (540) 338-2733 • Website: www.hslda.org
Homeschooling
I homeschool my oldest son. He had attended a public school until this year. I "pulled" him for many reasons but mostly because I think the public school was not giving him the education that he needed. He is a smart child, advanced in science & math. The public school didn't want to accelerate him- in other words give him the education he needed. I tried to work with the school before I withdrew him. I gave them another year- I had a meeting with the principal. She said certain educational things would happen that year, which didn't happen. So I felt I had no choose but to withdraw him.
Since withdrawing him from public school I have heard from many families who felt the same way (that their child wasn't getting the education he/she needed) and have also withdrawn their children. I would LOVE to do a survey on families who withdrew their children from public elementary school and are now either homeschooling them or sending them to private school. I would ask if they did so because they felt that their child wasn't being challenged acedemically. I would think that as a school board, especially with the financial crisis right now, you would want to know why families are withdrawing their children. This would be an interesting survey.
Since withdrawing him from public school I have heard from many families who felt the same way (that their child wasn't getting the education he/she needed) and have also withdrawn their children. I would LOVE to do a survey on families who withdrew their children from public elementary school and are now either homeschooling them or sending them to private school. I would ask if they did so because they felt that their child wasn't being challenged acedemically. I would think that as a school board, especially with the financial crisis right now, you would want to know why families are withdrawing their children. This would be an interesting survey.
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