Students who receive home instruction; participation in interscholastic programs. (SB612)

This is a transcript of the video clips in which this bill is discussed.

Sen. Tom Garrett (R-Lynchburg): HERETOFORE BEEN REFERRED TO POPULARLY AS THE TIVO BILL. I ACTUALLY WOULD TAKE SOME EXCEPTION TO THAT NOMENCLATURE AS MR. TEBOW IS NO LONGER ENGAGED IN THE ACTIVITY OF FOOTBALL FOR A LIVING AND CALL IT THE EQUAL ACCESS BILL. I WOULD SPEAK BRIEFLY TO IT AS I THINK THAT EVERY MEMBER OF THE CHAMBER IS FAMILIAR WITH THIS LEGISLATION AND ONLY TO THE CARVE-OUTS THAT EXIST IN THE BILL AND THESE EXIST IN ORDER TO ADDRESS THE CONCERNS OF ANY NUMBER OF PARTIES WHO HAVE LEGITIMATE CONCERNS ABOUT OUR PUBLIC SCHOOLS AND THE YOUNG PEOPLE WHO WILL BE INTRODUCED INTO THEM. NUMBER ONE, A STUDENT MUST HAVE HOME SCHOOLED FOR A PERIOD OF TWO YEARS IN ORDER TO AVAIL THEMSELVES OF THIS OPPORTUNITY. THIS IS IN THIS BILL IN ORDER TO ADDRESS THE CONCERNS OF THOSE WHO FEAR THAT A STUDENT WHO NIGHT NOT BE A GOOD STUDENT, WHO NIGHT NOT BE A GOOD INFLUENCE, A GOOD FEAR TO OUR CHILDREN, MIGHT DROP OUT OF ONE SCHOOL AND DECLARE THEMSELVES A HOMESCHOOLER AND THEN FATE ON THE BADMINTON TEAM SOMEWHERE ELSE. THEY SIMPLY CAN'T DO THAT HERE. NUMBER TWO, ANY RULES SUBJECT TO DISCIPLINE AND BEHAVIOR THAT APPLY TO OTHER MEMBERS OF THE TEAM WOULD APPLY TO THE HOMESCHOOLER. NUMBER THREE, ANY REASONABLE FEES OR COSTS ASSOCIATED WITH PARTICIPATION IN A SPORT MAY BE LEVIED UPON THE HOMESCHOOLERS. AND NUMBER FOUR, AND THIS IS PROBABLY THE MOST IMPORTANT, THIS IS A BY LOCALITY BILL. THAT IS, NOTHING IN THIS BILL FORCES ANY LOCALITY TO ADMIT ANY STUDENT TO PARTICIPATE IN ANY EXTRA CURRICULAR ACTIVITY, AND SO IN THIS PERIOD OF JEFFERSON WHO SAID GOVERNMENT CLOSEST TO HOME IS MOST RESPONSIVE AND BEST, THIS BILL ALLOWS THAT OPTION. FINALLY, MR. PRESIDENT, THERE IS A SUNSET OF THIS BILL IN 2021, AND THERE ARE ANY NUMBER OF YOUNG PEOPLE AND FATHERS AND MOTHERS ACROSS THE COMMONWEALTH WHO I THINK AWAIT OUR ACTION TODAY WITH GREAT ANTICIPATION. I THINK IT WOULD BE NICE FOR VIRGINIA FOR JOIN 13 OF 15 TOP EDUCATION ATTAINING STATES IN THE NATION AND BECOME NUMBER 14 TO ALLOW THIS OPPORTUNITY AND I WOULD NOTE, AS I CLOSE, THAT THESE OPPORTUNITIES ARE ALREADY ALLOWED IN VIRGINIA AS RELATES TO SCIENCE LABS, DRAMA, CHOIR, OTHER EXTRA CURRICULAR ACTIVITIES. IT'S ONLY THE ATHLETIC FIELD WHERE WE HAVE AN EXCEPTION AND I WOULD ASK, MR. PRESIDENT, THAT YOURSELF AND THE MEMBERS OF THIS CHAMBER LET THE KIDS PLAY BALL. THANK YOU.

[Unknown]: SENATOR, IF YOU COULD MAKE A MOTION THAT THE BILL PASS, I'D APPRECIATE IT. LET THE BILL PASS. THANK YOU, MR. PRESIDENT. I MOVE THAT THE BILL PASS. THANK YOU, SENATOR. THE SENATOR FROM FAIRFAX CITY, SENATOR PETERSEN.

Sen. Chap Petersen (D-Fairfax): MR. PRESIDENT, SPEAKING TO THE BILL.

[Unknown]: THE SENATOR HAS THE FLOOR.

Sen. Chap Petersen (D-Fairfax): MR. PRESIDENT, LADIES AND GENTLEMEN OF THE SENATE, THERE'S A LOT OF TOPICS THAT COME UP IN THIS BODY THAT I DON'T KNOW A LOT ABOUT AND I VOTE ANYWAY. AND THAT'S JUST KIND OF HOW IT GOES, BUT THERE'S ONE TOPIC I KNOW A LITTLE BIT ABOUT AND THAT'S HIGH SCHOOL SPORTS. I'M ONE OF THOSE KIDS, I GREW UP, MY ONLY GOAL IN LIFE WAS TO WEAR THE COLORS FOR FAIRFAXLESS ON THE ATHLETIC FIELD AND THAT WAS REALLY MY DREAM AND I GOT TO PLAY TWO VARSITY SPORTS AS A YOUNG MAN AND I'VE SEEN MY DAUGHTERS FOLLOW IN MY FOOTSTEPS AND HOPEFULLY PIE SON ALSO, AND IT'S -- MY SON ALSO, AND IT'S BEEN A GREAT JOY TO WATCH THESM PARTICIPATE AND HAVE THE PRIDE OF REPRESENTING THE LOCAL COMMUNITY, BUT ONE OF THE PRINCIPLES I STAND BY IS YOU WANT TO WEAR THAT JERSEY ON FRIDAY NIGHT, YOU GOT TO BE WILLING TO WALK INTO THAT CLASSROOM MONDAY MORNING. WE ALL MAKE CHOICES IN LIFE. YOU MAKE A CHOICE WHEN YOU GET MARRIED, DIVORCED, START A BUSINESS, RUN FOR OFFICE. THE ONE THING I CAN TELL MY KIDS IS CHOICES HAVE CONSEQUENCES AND YOU HAVE TO BE WILLING TO ACCEPT CONSEQUENCES AND THAT'S PART OF BEING AN ADULT AND GROWING UP. WHEN YOU DECIDE TO HOMESCHOOL YOUR CHILD, AND THAT'S AN IMPORTANT CHOICE AND I'VE SUPPORTED FRIENDS THAT HAVE DONE THAT AND THERE ARE ALL SORTS OF REASONS, BOTH RELIGIOUS AND NONRELIGIOUS, TO HOMESCHOOL YOUR CHILD, BUT YOU HAVE MADE A CHOICE AND THAT'S AN IMPORTANT CHOICE AND YOU NEED TO ACCEPT THE CONSEQUENCES IFS THIS BILL IS BASICALLY TELLING THE VIRGINIA HIGH SCHOOL SPORTS LEAGUE, THE VHSL, HOW TO CONDUCT THEIR BUSINESS AND YOU CAN SAY THERE'S A LOCAL OPTION. I DON'T READ IT THAT WAY. I READ IT THAT IT'S TELLING VHSL, YOU HAVE TO MAKE HOMESCHOOL STUDENTS ELIGIBLE WHETHER OR NOT THEY WALK INTO THAT CLASSROOM ON MONDAY MORNING. AND I GOT TO BE HONEST, AGAIN, THERE MAY BE ALL SORTS OF REASONS THAT YOU CAN HOMESCHOOL YOUR CHILD AND IT'S THE BEST CHOICE FOR THAT CHILD AND FOR YOUR FAMILY, BUT YOU'RE MAKING A CHOICE AND YOU CAN'T WALK INTO THAT -- ON TO THAT ATHLETIC FIELD AND PRETEND YOU DIDN'T MAKE THAT CHOICE, SO I HAVE NOTHING BUT RESPECT FOR THE GENTLEMAN FROM BUCKINGHAM. I'M ACTUALLY A BIG FAN OF TIM TEBOW, I LOVED HIM. BOTH ON THE FIELD AND OFF THE FIELD, I THOUGHT HE WAS A GREAT ROLE MODEL, BUT THE BOTTOM LINE IS YOU GOT TO MAKE A CHOICE AND YOU GOT TO LIVE WITH THE CHOICES THAT YOU MAKE, AND SO RELUCK STANTLY, I HAVE TO VOTE AGAINST THIS BILL. RELUCTANTLY, BUT I DO BELIEVE WHEN WE TEACH OUR CHILDREN TO GROW UP, WE TEACH THEM TO LIVE WITH THE CHOICES THEY MAKE. THEREFORE, I OPPOSE THE BILL.

[Unknown]: THE SENIOR SENATOR FROM LOUDOUN, SENATOR BLACK.

Sen. Dick Black (R-Leesburg): THANK YOU, MR. PRESIDENT. I RESPECT THE GENTLEMAN'S REMARKS. THE PROBLEM WITH THAT ARGUMENT IS THAT THERE IS NO LOGICAL NEXUS BETWEEN ATTENDANCE AT PUBLIC SCHOOL AND GOING OUT ON THE FOOTBALL FIELD. NOW, THERE IS A LOGICAL NEXUS BETWEEN WHETHER YOU PAY FOR THAT FOOTBALL TEAM AND THAT FOOTBALL FIELD AND THE FACILITIES AND SO FORTH, AND WHETHER YOU SHOULD BE ABLE TO GO OUT ON IT. AND HOMESCHOOL FAMILIES PAY THE FULL FREIGHT, THEY PAY PENNY FOR PENNY AS MUCH FOR THE PUBLIC SCHOOLS AS ANYBODY WHO ATTENDS THE PUBLIC SCHOOLS. SO THE IDEA THAT SOMEHOW WE SHOULD PUNISH THEM BECAUSE THEY'RE NOT IN ATTENDANCE AT THE PUBLIC SCHOOL, I JUST DON'T SEE A RATIONAL NEXUS BETWEEN THAT. IF SOMEBODY SAYS, YOU KNOW, IT'S MY PREFERENCE TO ATTEND RELIGIOUS STUDIES AT HOME, DO WE SAY THAT BECAUSE YOU ARE NOT WILLING TO FOREGO YOUR RELIGIOUS STUDIES, YOU CAN'T -- YOU CAN'T PLAY FOOTBALL? I MEAN, WHAT IS THE LOGICAL NEXUS BETWEEN ATTENDING THE PUBLIC SCHOOL AND PLAYING IF YOU'RE ALREADY PAYING THE MONEY FOR THE FIELD, FOR THE ALL OF THE STUFF THAT GOES INTO FINANCING IT? I REALLY BELIEVE THAT IT IS HIGHLY DISCRIMINATORY TOWARDS CHILDREN WHOSE PARENTS HAVE ELECTED TO HOMESCHOOL THEM, I THINK IT'S SIMPLY NOTHING MORE THAN PUNITIVE. WE'VE GOT PROVISIONS IN THIS BILL THAT SAYS THAT -- THAT SAY THAT THE CHILDREN HAVE GOT TO MEET ALL OF THE BEHAVIOR STANDARDS AND SO FORTH OF EVERYBODY ELSE. IF YOU ZOPT BEHAVE, YOU GET GOOTED OFF JUST LIKE ANYBODY -- BOOTED OFF JUST LIKE ANYBODY ELSE AND THAT'S FAIR. THAT'S THE WAY IT OUGHT TO BE, BUT LADIES AND GENTLEMEN, I -- YOU KNOW, I DON'T THINK PEOPLE COMPREHEND WHY WE DO WHAT WE DO WHEN WE TELL HOMESCHOOLERS THAT THEY'RE PROHIBITED FROM PLAYING AND I DON'T THINK THERE REALLY IS A RATIONAL BASIS FOR IT. SO I HOPE THAT YOU WILL PASS THE BILL.

[Unknown]: THANK YOU, SENATOR. THE SENATOR FROM ROANOKE COUNTY, SENATOR SURT LINE. THANK YOU, MR. PRESIDENT. SPEAKING TO THE BILL. THE SENATOR HAS THE FLOOR. JUST A FEW YEARS AGO, I HAD THE OPPORTUNITY AND WON A FEW VARSITY LETTERS FROM A SCHOOL IN THE SENATOR FOR FAIRFAX CITY'S DISTRICT. I UNDERSTAND THE CONCERNS HE HAS AND HE TALKED ABOUT CHOICES, BUT THIS BILL PROVIDES TWO IMPORTANT CHOICES. ONE, THE LOCAL SCHOOL DIVISION GETS TO DECIDE IF THEY WANT TO ALLOW THIS, AND THEN SECONDLY, IT GOES TO THE INDIVIDUAL HEAD COACH IF THEY'RE GOING TO ALLOW THE PLAYERS TO MAKE THE TEAM. SO THIS KEEPS ALL THE CHOICES LOCAL. NOT JUST AT THE SCHOOL DIVISION ALWAYS THE PATRON POINTED OUT, BUT EVEN DOWN TO THE HEAD COACH HIMSELF, SO I HOPE WE PASS THE BILL. THANK YOU, SENATOR. THE SENIOR SENATOR FROM FAIRFAX COUNTY, SENATOR SASLAW.

Sen. Dick Saslaw (D-Springfield): MR. PRESIDENT, YEARS AGO, WE HAD A STATE SENATOR HERE FROM UP IN THE WINCHESTER AREA BY THE NAME OF RUSS POTTS. HE REMARKED THAT, YOU KNOW, WITH RESPECT TO THIS, YOU'RE EITHER IN OR YOU'RE OUT. YOU'RE EITHER IN THE PUBLIC SCHOOLS OR YOU'RE NOT. NOW, I DON'T THINK ANYTHING HAS CHANGED AND AS FOR THIS ARGUMENT OR DISCUSSION ABOUT, WELL, THEY'RE PAYING FOR THE STADIUMS AND THEY'RE PAYING FOR THE SCHOOLS, WELL, GUESS WHAT? THEY'RE ALSO PAYING FOR A B-1 BOMBER, BUT THEY DON'T GET TO FLY IT, OKAY? JUST BECAUSE YOU PAY TAXES DOESN'T MEAN YOU'RE ENTITLED TO THAT, YOU KNOW, TO THAT ITEM. AND IT'S THE SAME WITH PUBLIC SCHOOLS. OKAY? IF YOU WANT TO -- IF YOU HAVE THE OPTION, IF YOU HAVE THE OPPORTUNITY AND OPTION TO GO THERE, THEN GO THERE. DON'T COMPLAIN THAT YOUR KID IS SHUT OUT OF SPORTS AFTER YOU'VE DECIDED TO HOMESCHOOL HIM? I MEAN, THAT'S A LITTLE CRAZY, QUITE FRANKLY. SO IF YOU WANT TO -- YOU KNOW, IF YOU WANT YOUR KID TO PARTICIPATE IN SPORTS, THEN LET HIM GO TO THE PUBLIC SCHOOLS. I'M NOT GOING TO GO AS FOR AS WHAT THAT SENATOR SAID THAT DAY ABOUT THE KID LAYING ON THE COUCH ALL DAY AND PLAYING FOOTBALL AT NIGHT, BUT I'LL TELL YOU THIS. THEY'VE GOT A CHOICE AND THEY'VE MADE IT A THE SENATOR FROM FAIRFAX CITY HAS SAID, AND THAT CHOICE WAS THEY DIDN'T WANT ANY PART OF PUBLIC SCHOOLS EXCEPT MAYBE THE EXTRA CURRICULAR ACTIVITY. WELL, THAT'S NOT HOW LIFE WORKS, SO I HOPE THE BILL DOES NOT PASS.

[Unknown]: THANK YOU, SENATOR. THE SENATOR FROM BUCKINGHAM, SENATOR GARRETT.

Sen. Tom Garrett (R-Lynchburg): THANK YOU, MR. PRESIDENT. I'M GOING TO TRY TO BE BRIEF, I'M NOT VERY GOOD AT THAT. I WANT TO IT WILL A COUPLE OF THINGS. FIRST OF ALL, THEY'VE GOT A CHOICE, I AGREE. THEY HAVE A CHOICE, BUT WHO IS THEY? WHO IS THEY? IN THIS INSTANCE, THE THEY IS THE PARENTS. DEUTERONOMY 24:16 SAYS DON'T JT CHILD BASED ON THE FAULTS OR DECISIONS OF THE PAERNSS, SO WE'RE GOING -- PARENTS, SO WE'RE GOING TO SHUT THE DOOR ON THESE KIDS WHO DIDN'T GET TO DECIDE BASED ON SOMETHING THE PARENTS SAID AND THE OTHER THING THAT REALLY TROUBLES ME, DEEPLY TROUBLES AMEND AND REENACT THE ARGUMENT THAT I HEAR MADE BY PEOPLE WHO I RESPECT WHO HAVE GOOD VALUES AND STRONG BELIEFS. THAT JUST GALLS ME. IS, YEAH, BUT THOSE PEOPLE AREN'T LIKE THOSE PEOPLE. THOSE PEOPLE ARE DIFFERENT. THINK ABOUT THAT. THINK ABOUT THAT. THINK ABOUT WHERE WE SIT, WHAT CITY WE'RE IN. THINK ABOUT HISTORY, THINK ABOUT OPPORTUNITY AND OPPORTUNITY DENIED. NOW, THINK ABOUT CATEGORIZING A GROUP OF YOUNG PEOPLE WHO IN MANY INSTANCES, BECAUSE OF THE FAITH OF THEIR PARENTS, DON'T AVAIL THEMSELVES OF CERTAINLY OPPORTUNITIES AND THEN JUSTIFYING THAT ACTION BY GOING, YEAH, BUT THOSE PEOPLE ARE NOT LIKE EVERYBODY ELSE. OF AMERICA. IT'S 2016 IN THE UNITED STATES THERE WAS A TIME WHEN THAT ARGUMENT WAS COMMON AND IT'S STILL SHAMEFUL TO THINK OF IT. DON'T HOLD THE DECISIONS OF ONE GROUP AGAINST ANOTHER, AND DON'T LUMP PEOPLE IN THE CATEGORIES THAT DENY THEM EQUAL ACCESS AND EQUAL OPPORTUNITY JUST BECAUSE SOMEBODY SOMEWHERE SAYS THEY'RE NOT LIKE EVERYBODY ELSE. THESE ARE KIDS WHO WANT TO PLAY SPORTS, NOTHING MORE, NOTHING LESS. I HOPE THAT IT WILL BE THE PLEASURE THEREOF BODY TO PASS THE BILL.

Del. Bill Howell (R-Fredericksburg): THANK YOU, SENATOR. THE QUESTION IS SHALL SENATE BILL 612 ALL IN FAVOR OF THE MOTION WILL OPPOSED NO. RECORD THEIR VOTES AYE, THOSE

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[Unknown]: SENATE BILL VETOED BY THE GOVERNOR, SENATE BILL 612. THE SENATOR FROM BUCKINGHAM, SENATOR GARRETT.

Sen. Tom Garrett (R-Lynchburg): THANK YOU, MR. PRESIDENT. I WOULD ASK THAT THAT BILL GO BYE FOR THE DAY.

[Unknown]: WITH THAT OBJECTION, SENATE BILL 612 WILL GO BYE FOR THE

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GOVERNOR. SENATE BILL 612. THE SENATOR FROM GRAYSON. EXCUSE ME, THE SENATOR FROM BUCKINGHAM. THE NICEST THING ANYBODY SAID TO ME ALL DAY, MR. PRESIDENT. CAN THAT BILL GO BYE FOR THE DAY. WITHOUT OBJECTION, SENATE BILL 612 WILL GO BYE FOR THE DAY. SENATE BILL BILL 21. SENATOR FROM RUSSELL COUNTY, SENATOR CHAFIN. MR. PRESIDENT, I MOVE THAT

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THANK YOU, SENATOR. THE DESK WILL RECEIVE IT. PAGE 13, SENATE BILL VETOED BY GOVERNOR. SENATE BILL 612. THE SENATOR FROM BUCKINGHAM, SENATOR GARRETT.

Sen. Tom Garrett (R-Lynchburg): MR. PRESIDENT, CAN THAT BILL GO BYE FOR THE DAY, PLEASE.

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Del. Bill Howell (R-Fredericksburg): THE CLERK WILL CLOSE THE ROLL.

[Unknown]: AYES 39, NOS 0. AYES 39, NOS 0. THE SENATE CONCURS WITH THE HOUSE SUBSTITUTE. PAGE 23, SENATE BILL VETOED BY GOVERNOR. SENATE BILL 612.

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THE SENATE BILL VETOED BY THE GOVERNOR. CAN THAT GO BYE FOR THE DAY. WITHOUT OBJECT, SENATE

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Del. Bill Howell (R-Fredericksburg): THE CLERK WILL CLOSE THE ROLL.

[Unknown]: AYES 24, NOS 15. AYES 24, NOS 15. THE ENROLLED FORM OF THE BILL FAILS TO PASS. RETURNING TO PAGE 18. SENATE BILL 612. THE SENATOR FROM BUCKINGHAM, SENATOR GARRETT.

Sen. Tom Garrett (R-Lynchburg): MR. PRESIDENT, SPEAKING I MOVE THAT.

[Unknown]: BILL: 612 BE PASSED IN ITS ENROLLED FORM NOT WITHSTANDING THE OBJECTIONS OF THE GOVERNOR AND SPEAKING TO THE BILL.

Sen. Tom Garrett (R-Lynchburg): THE SENATOR HAS THE FLOOR.

[Unknown]: MR. PRESIDENT, IN A WORLD WHERE ONE'S PHYSICAL CHARACTERISTICS GIVEN TO THEM AT BIRTH ARE NOT ENOUGH TO DENY THEM THE RIGHT TO USE ANY BATHROOM THEY CHOOSE, ISN'T IT IRONIC THAT ONE'S FAITH IS ENOUGH TO KEEP THEM OFF THE SOCCER FIELD? I KNOW HOW THIS VOTE IS GOING TO GO AND I AM NOT GOING TO TALK MUCH LONGER. BUT I'M GOING TO TELL YOU THIS, THIS BILL IS GOING TO PASS ONE DAY. IN THE INTERIM, MR. PRESIDENT, I WOULD INVITE, NAY, I WOULD ENCOURAGE. I WOULD IMPLORE THE 95,000 HOME SCHOOL MOMS AND DADS AND KIDS IN THE COMMONWEALTH OF VIRGINIA TO LOOK WHO VOTES ON THIS BILL HOW AND GET ENGAGED IN THIS PROCESS. ONE DAY, WE WILL HAVE EQUALITY EVEN ON THE SOCCER FIELD. THANK YOU, SENATOR.

Del. Bill Howell (R-Fredericksburg): THE QUESTION IS SHALL THE BILL PASS IN ENROLLED FORM NOT WITHSTANDING THE OBJECTIONS OF THE GOVERNOR. ALL IN FAVOR OF THE MOTION WILL. ARE THE SENATORS READY TO VOTE? HAVE ALL THE SENATORS VOTED? DO ANY SENATORS DESIRE TO CH ANGE THEIR VOTE?

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