Just as the Thanksgiving turkey has come and gone, HB2395, another effort by
homeschool advocates to open VHSL activities to their children is gone…. for now.
The subcommittee of the House Education Committee convened by Chairman Bob Tata
voted Tuesday, November 22nd to effectively “kill” Delegate Rob Bell’s bill to allow
homeschooled students to participate in public school VHSL activities. After three hearings on HB 2395, which was
introduced during the 2011 Session, legislators concluded that the bill presented too many unanswered questions to go forward.
Of particular concern were academic equity, how to handle catastrophic insurance for sports injuries, and the fact that the
bill referenced the Virginia High School League, a private organization that is not subject to state control or sanction.
In opposing HB 2395, Delegate McClellan of Richmond told the audience
that she was worried about unintended consequences and the “one case” that
could result in a problem for the state and for school divisions.
Testimony fromVASSP stressed the fact that, unlike the right of all to a free education,
sports participation by any student is a privilege and not a right. Director of
Government Relations Bet Neale also reminded the subcommittee that no court had
ever ruled that homeschooled students had a constitutional right to participate
in public school sports and that state law should not dictate homeschool participation in areas other than the classroom.
Delegate Bell promised homeschoolers and subcommittee members that he would introduce a
similar bill in the 2012 Sesssion and would attempt to include language to
address the issue of academic testing for homeschoolers as well as other
issues. As staff pointed out to the patron, subsequent legislation should be directed to local school boards rather
than the Virginia High School League, a private organization. In that case, any new legislation will
probably include language forbidding local school boards from joining any
league that does not allow homeschool participation. Bell will likely face a friendly House of
Delegates and appears to have the support of the Administration as well. The challenge may be the Senate, but that
will not be as challenging with the new numbers (20-20) as a result of recent elections.
