Virginia Senate Bill 1031: Halting an Attack on Homeschool Freedom

Jan. 8, 2025 | Virginia Senate

Virginia Senator Stella Pekarsky sponsored a bill aimed at repealing the nation’s most robust religious exemption to compulsory school attendance. If passed, the measure would have profoundly affected the thousands of Virginia students who homeschool under the religious exemption.

Even more worrisome was the fact S.B. 1031 appeared to be influenced by an anti-homeschooling model bill released in 2024 by the Coalition for Responsible Home Education (CRHE). The organization’s “Make Homeschool Safe Act” is based on a worldview that mistrusts parents and asserts that more laws and government oversight are required to keep children safe.

Upon learning about the bill, HSLDA asked members and friends to stand by for possible action.

Jan. 20 | Virginia Senate Public Education Subcommittee

During the first hearing on the bill, Senator Pekarsky echoed the outlook of CRHE while explaining her rationale for the legislation. Pekarsky said the measure was needed “to ensure that all children in the commonwealth receive a basic education” and attain “academic competence.”

In other words, parents who homeschool without officials monitoring them simply can’t be trusted to educate their children.

Director of HSLDA’s Legal and Legislative Advocacy Scott Woodruff, testified at the subcommittee hearing. This particular hearing was the only time legislators permitted in-person public comment on the bill. Afterward, in communication with HSLDA members and allies, he countered Pekarsky’s argument on several key points.

He pointed to research showing that students homeschooling under Virginia’s religious exemption have indeed demonstrated academic proficiency.

He also asserted that the fight over S.B 1031 isn’t really about academics—it’s about whether elected officials will stand up for one of our nation’s most cherished liberties.

“It’s about the right of parents to educate their children in obedience to their conscience as guided by their faith,” Woodruff declared.

The subcommittee adopted a substitute version of the bill. The new language made clear the intention to repeal the religious exemption and added a provision to abolish the right of privacy for all homeschool documents.

The subcommittee then voted to send the bill to the full Education and Health Committee.

In a strange occurrence, a second substitute bill was subsequently posted on the legislature’s website. This iteration of S.B. 1031 included a troubling change. In addition to seeking to repeal the religious exemption, the bill now proposed granting public school superintendents the power to file a court petition against parents grounded on “neglect of education.”

But this term was undefined by the bill, which meant superintendents could interpret it in the widest possible manner and use it to harass law-abiding homeschooling families.

HSLDA asked members and supporters to contact legislators in opposition to this latest bill. Shortly afterward, it disappeared from the legislature’s website.

Jan. 28 | Virginia Senate Education and Health Committee

Senators discussed the first substitute of S.B. 1031.

However, thanks to efforts by HSLDA and HEAV at rallying homeschooling families, a flood of calls and emails to Virginia senators began to take effect. The media took note, as well, publishing several pieces on the campaign by homeschooling families to defend their freedoms.

Ultimately, the committee approved yet another version of S.B. 1031. This one called for a work group to study the religious exemption, then recommend changes to it and the homeschool statute. The measure was referred to the Senate Finance Committee.

Jan. 30 | Virginia Senate Finance Committee, January 30, 2025

A subcommittee approved the bill calling for a study group and referred it to the full Senate Finance Committee.

At the Finance Committee hearing homeschool supporters—dressed in red as a show of solidarity—crowded the hearing room. Senators discussed the merits of spending funds on S.B. 1031, which now called for assembling a group to study the religious exemption.

However, the makeup of the group as described in the substitute bill—which specifically called for participation by a CRHE representative—indicated what the group would likely conclude.

As Woodruff warned: “It would issue a political statement that fully aligns with Sen. Pekarsky’s goal of abolishing the religious exemption.”

In the end, senators heeded the collective voice of homeschooling advocates. The committee voted to pass by the bill indefinitely. This action reflected a high degree of disfavor toward the legislation, and indicated it was unlikely to advance any further in the current legislative session.

Freedom prevailed—for now.

Feb. 3 | HSLDA Announces the Outcome

Woodruff contacted HSLDA members and friends to let them know their actions made all the difference.

“Some of you travelled to the capitol more than once,” he wrote. “Some of you made multiple phone calls and did not give lawmakers a moment of silence. Some of you stood in line to testify against the bill but were cut off because the committee was in such a hurry.”