Virginia homeschooling parents are taking a stand against a proposed bill that they say dismantles the “religious exemption” for home instruction and infringes on their First Amendment rights.
“To protect freedom, we must keep the coercive power of government as far as possible away from the family unit, especially when the freedom of conscience is at stake. If the religious exemption is abolished and only home instruction remains for homeschoolers, the stakes in such conflicts increase dramatically because of the encroachment of government power on the free exercise of religion,” reads a statement from Homeschool Legal Defense Association (HSLDA).
Currently, parents in Virginia can homeschool their children for any reason as long as they provide documentation to their local school district about the curriculum they will be using and show evidence that their child is progressing and learning.
However, parents who get a religious exemption to homeschool their children are not required to do that. A religious exemption in this case means that parents or caretakers can assert a religious belief against public education, including objections to theories and beliefs commonly conveyed in public schools such as evolution or LGBT ideology.
Earlier this month, Virginia Democratic Senator Stella Pekarsky introduced S.B. 1031, a bill that, if passed, would require parents seeking a religious exemption to submit to full government approval. They would have to prove they could adequately educate their own children, notify the school district superintendent that a child will be given home instruction, and show that the child is progressing in their education.
Homeschooling parents argue the bill infringes on their religious freedoms and parental rights.
“This is an all-out attack against religious liberty and parental rights,” said Callie Chaplow, with the Home Educators Association of Virginia (HEAV). “We’ve had 40 years of homeschool law that has worked and it has worked well.”
According to HEAV, the new measure “eliminates and replaces all current evidence of progress laws; removes the probationary period; gives new, broad, undefined authority to the superintendent to determine neglect in education or care; brings the courts into the fold; and removes all privacy protections for ALL homeschooled and religiously exempt minors and their families.”
SB 1031 would also require “the administration of standardized achievement tests or statewide assessments” based on their grade level.
Chaplow points out that because home instruction allows parents to educate their children at a pace to ensure that a child understands the material, they may not fall exactly on a specific “grade level” at the time of testing.
As a result, a division superintendent could claim a child will suffer “neglect in his education or care” if home instruction is permitted, and could petition the circuit court and seek an order to stop homeschooling.
“This could strap a family with administrative burdens and legal expenses for years,” explains Chaplow. “Our freedom is on the line!”
While introducing the bill to the committee’s Public Education sub-committee, Sen. Pekarsky pushed back against those claims.
“This bill most definitely wins the fake news award,” she claimed. “The things that have been said about it and the things that have been written up are just simply false. Currently, the religious exemption allows parents to exempt their children from education with no further requirements or continued instruction.”
Pekarsky continued, “The requirements are very basic, very easy, and one can fulfill them. This bill would just align the over 6,000 children currently exempted for religious reasons with the same compliance requirements as [homeschooling].”
There are about 56,000 students across the state who are homeschooled under regular “home instruction” guidelines, according to Virginia Department of Education (VDOE) data. There are almost 7,000 students who have a religious exemption that does not require ongoing government approval that those families find to be intrusive.
Supporters of the bill argue that it would ensure children would be equally educated.
“I was homeschooled in Virginia from 6th through 12th grade under the religious exemption statute. There were years when I was handed textbooks and told to complete them without help or guidance… I knew many parents who use the religious exemption statute to limit their children’s access to education, especially for daughters,” Eve Ettinger, a representative with Coalition for Responsible Home Education, told a Virginia committee last week.
Melody Clark, with the Virginia Institute Action, pointed out, “Many in public school are likewise left behind by failing public schools.”
“However, this legislation threatens all homeschooled families and undermines Virginia’s longstanding right to educate their children following their faith-based convictions,” she said.
Virginia Gov. Glenn Youngkin is backing homeschool families and their rights.
“Since day one, I’ve believed that at the heart of our Commonwealth is the right that parents have to make decisions for their children’s education,” he wrote. “I stand with parents across Virginia in opposition to SB 1031. We cannot allow this attack on homeschooling to become law,” he said in a statement posted to X.
Since day one, I’ve believed that at the heart of our Commonwealth is the right that parents have to make decisions for their children’s education. I stand with parents across Virginia in opposition to SB 1031. We cannot allow this attack on homeschooling to become law. pic.twitter.com/lj3ePvzAGT
— Governor Glenn Youngkin (@GovernorVA) January 22, 2025
Next Steps
The bill passed in the Senate Education & Health Committee Tuesday night and is expected to go before the finance committee before proceeding to the Senate.
Scott Woodruff, a lawyer with HSLDA, is sounding the alarm, explaining on X that the Senate adopted a substitute for the bill that creates a work study group of “political appointees” who would recommend appealing the exemption.
SB 1031 passed the senate committee. It was referred to the finance committee, and then likely will go before the senate.
If you haven’t, yet, please sign up for our email alerts at to stay updated. pic.twitter.com/OP3TxTilny
— HSLDA (@HSLDA) January 28, 2025
“This is a blatant end run about democracy,” Woodruff said. “It would, in effect, be a kangaroo court. The outcome can be pre-determined by the persons who are appointed by the political figures.”
“We are not going to accept this,” he added. “This is still a very bad idea and we are going to continue opposing it.”
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