Students who receive home instruction; participation in interscholastic programs (Tebow Bill). (HB1578)

Introduced By

Del. Rob Bell (R-Charlottesville) with support from co-patrons Del. Nick Freitas (R-Culpeper), and Del. Dave LaRock (R-Loudoun)

Progress

Introduced
Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law

Description

Students who receive home instruction; participation in interscholastic programs. Prohibits public schools from joining an organization governing interscholastic programs that does not deem eligible for participation a student who (i) receives home instruction; (ii) has demonstrated evidence of progress for two consecutive academic years; (iii) is in compliance with immunization requirements; (iv) is entitled to free tuition in a public school;(v) has not reached the age of 19 by August 1 of the current academic year;(vi) is an amateur who receives no compensation but participates solely for the educational, physical, mental, and social benefits of the activity;(vii) complies with all disciplinary rules and is subject to all codes of conduct applicable to all public high school athletes; and (viii) complies with all other rules governing awards, all-star games, maximum consecutive semesters of high school enrollment, parental consents, physical examinations, and transfers applicable to all high school athletes. The bill provides that no local school board is required to establish a policy to permit students who receive home instruction to participate in interscholastic programs. The bill permits reasonable fees to be charged to students who receive home instruction to cover the costs of participation in such interscholastic programs, including the costs of additional insurance, uniforms, and equipment. The bill has an expiration date of July 1, 2022. Read the Bill »

Outcome

Bill Has Failed

History

DateAction
01/02/2017Committee
01/02/2017Prefiled and ordered printed; offered 01/11/17 17102346D
01/02/2017Referred to Committee on Education
01/16/2017Impact statement from DPB (HB1578)
01/18/2017Reported from Education (14-Y 7-N) (see vote tally)
01/19/2017Read first time
01/20/2017Passed by for the day
01/23/2017Read second time and engrossed
01/24/2017Read third time and passed House (60-Y 38-N)
01/24/2017VOTE: PASSAGE (60-Y 38-N) (see vote tally)
01/25/2017Constitutional reading dispensed
01/25/2017Referred to Committee on Education and Health
02/09/2017Reported from Education and Health (9-Y 6-N) (see vote tally)
02/10/2017Constitutional reading dispensed (39-Y 0-N) (see vote tally)
02/13/2017Read third time
02/13/2017Passed Senate (22-Y 18-N) (see vote tally)
02/15/2017Enrolled
02/15/2017Bill text as passed House and Senate (HB1578ER)
02/15/2017Impact statement from DPB (HB1578ER)
02/15/2017Signed by Speaker
02/17/2017Signed by President
02/17/2017Enrolled Bill communicated to Governor on 2/17/17
02/17/2017G Governor's Action Deadline Midnight, February 24, 2017
02/20/2017G Vetoed by Governor
02/22/2017Passed by until Wednesday, April 5, 2017
04/05/2017Placed on Calendar
04/05/2017House sustained Governor's veto (61-Y 39-N)
04/05/2017VOTE: OVERRIDE GOVERNOR'S VETO (61-Y 39-N) (see vote tally)
04/05/2017(67 affirmative votes required to override)

Video

This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 3 clips in all, totaling 9 minutes.

Transcript

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



Del. Bob Marshall (R-Manassas): AMAZON. A COMPANY THAT REFUSES TO ACKNOWLEDGE IT RECEIVES LETTERS FROM ELECTED OFFICIALS. HOUSE BILL 1766 GRANTS THE DE FACTO ZONING POWERS TO PRIVATE UTILITIES AND ENDEPD OF THE GOVERNMENT OF VIRGINIA, SECTION 14 AT THE VIRGINIA CONSTITUTION. CAN WALMART DO THIS? NO. YOU'RE GIVING ZONING POWERS TO THE PRIVATE STOCKHOLDERS OF A PRIVATE COMPANY. THIS IS A HORRIBLE PRECEDENT. YOU'RE TAKING POWER OUT OF THE ELECTED PRECEDENT OF THE PEOPLE. I URGE A NO VOTE.

Del. Bill Howell (R-Fredericksburg): GENTLEMAN FROM SALEM.

[Unknown]: I APOLOGIZE FOR DOING THIS AGAIN. I'M SURPRISED TO HEAR THE TO THE EXTENT ANYBODY IS CONSIDERED ABOUT THE PRECEDENT THIS SETS, THE DELL GIT FROM PRINCE WILLIAM AND EVERYBODY HERE SET THE PRECEDENT IN 2012 AND 2007 WHEN PASSING THE STATUTE THAT SAYS TRANSMISSION LINE APPROVAL GOES TO STATE CORPORATION COMMISSION. IT'S CONSTITUTIONAL AND APPROPRIATE WAY. IT IS THE PUBLIC POLICY OF THE BODY. THIS IS NOT TAKING ANYTHING AWAY FROM LOCAL GOVERNMENT BECAUSE THEY'VE NEVER BLOCKED ONE OF THESE BECAUSE THEY NEVER HAD ABILITY TO OWE DO SO. I WOULD STRIKE THIS BILL AT ANY TIME, SHOULD ANYBODY SEEK TO COVER ANYTHING BESIDES THE THINGS THAT WE COVER WITH THE BILL. MR. SPEAKER? MR. MARSHALL?

Del. Bill Howell (R-Fredericksburg): RESPONDING TO GENTLEMAN FROM SALEM.

[Unknown]: THE COMMENTS ABOUT ME NOT KNOWING THE DIFFERENCE BETWEEN WAWA AND THIS ARE JUST THAT. GRATUITOUS COMMENTS. I PUT THAT OUT AS AN ILLUSTRATION OF WHAT CAN COME DOWN THE ROAD. WHILE ALL HERE IN 2012 VOTED FOR THIS, THIS IS NOW COMING TO THE FORE MIND AND UNDERSTANDING WHERE THIS IS LEADING. THE GENTLEMAN FROM HAVE YOU NOT HAD SECOND THOUGHTS OF WHAT YOU'VE DONE? I URGE YOU TO VOTE NO. THE COMPANY CAN COME BACK NEXT YEAR AND THEY'LL POINT TO THIS AS PRECEDENT. AND WILL HAVE POWER TO BLOCK OR NEGOTIATE BECAUSE OF THE PLACEMENT OF A SUBSTATION.

Del. Bill Howell (R-Fredericksburg): WOULD THE GENTLEMAN FROM APPALACHIA CONTINUE TO CHIME IN? JUST KIDDING. SHALL THE BILL PASS? CLERK WILL CLOSE THE ROLL.

[Unknown]: AYE, 67, NO, 30. THE BILL IS PASSED. CONTINUING HOUSE BILLS THIRD READING REGULAR. HOUSE BILL 1392 A BILL TO AMEND AND REACT SECTION OF THE CODE OF VIRGINIA RELATING TO SCHOOL SECURITY OFFICERS CARRYING A FIREARM IN PERFORMANCE OF DUTIES.
POSED BY FOLKS WHO ARE SUBJECT TO DETAINER ORDERS AND WHO NEED TO BE ARRESTED AND WHO NEED TO BE DEALT WITH BY THE FEDERAL SYSTEM. AND SO I WOULD URGE YOU TO SUPPORT THIS MEASURE WHICH REALLY IS -- IT IS A RATHER MODEST MEASURE. IT JUST BRINGS US INTO COMPLIANCE WITH CARRYING OUT THL IMMIGRATION LAW. THANK YOU.

Sen. Dick Black (R-Leesburg): THANK YOU, SENATOR. THE SENATOR FROM ROANOKE CITY, SENATOR EDWARDS.

Sen. John Edwards (D-Roanoke): MR. PRESIDENT, SPEAKING AGAINST THIS BILL.

[Unknown]: GO AHEAD. THE SENATOR HAS THE FLOOR.

Sen. John Edwards (D-Roanoke): THERE WAS EVER A POLITICALLY CHARGED ANTIIMMIGRANT BILL, THIS IS IT. WE HAVE SEEN THROUGHOUT THE COUNTRY PEOPLE ERUPTING ABOUT WHAT IS HAPPENING WITH THE -- AT THE FEDERAL LEVEL. IN ROANOKE WE HAD A NUMBER OF PEOPLE COMING TO TALK ABOUT THE IMPORTANCE TO THE PEOPLE OF OUR VALLEY. IMMIGRANT IS IMPORTANT THIS COUNTRY AND IMPORTANT TO VIRGINIA. WHAT THIS BILL DOES IS A RAMPUP OF A FORM OF HYSTERIA AGAINST SOME IMMIGRANTS WHO ARE UNDOCUMENTED AND IT TRIES TO SHIFT RESPONSIBILITY FROM THE FEDERAL GOVERNMENT TO THE LOCAL AND STATE AUTHORITIES. THE BILL IS WRITTEN IN A HAPHAZARD AMBIGUOUS CONFUSING I DON'T KNOW HOW YOU WOULD FASHION. ENFORCE IT BUT I WON'T EVEN GO INTO THAT. THE PROBLEM WITH THE BILL IS BASICALLY WE KNOW UNDER THE FEDERAL CONSTITUTION THE FEDERAL GOVERNMENT HAS THE EXCLUSIVE SOLE AUTHORITY OVER FOREIGN POLICY AND IMMIGRATION EXCLUSIVELY. NO STATE HAS ANY AUTHORITY OVER THAT. AND YET THIS BILL ATTEMPTS TO SAY THE IF FEDERAL GOVERNMENT IS NOT DOING ITS JOB LET'S SHIFT THE RESPONSIBILITY TO THE STATE AND LOCAL MUNICIPALITIES. FIRST OF ALL, WE DON'T HAVE THE RESOURCES. SECOND IT IS NOT OUR LEGAL RESPONSIBILITY AND THIRD, IT COULD CAUSE OTHER PROBLEMS IN LAW ENFORCEMENT IN OUR COMMUNITIES. MR. PRESIDENT IF THE FEDERAL GOVERNMENT WOULD SIMPLE. Y COME UPWITH THE BUCKS, DO ITS, ENFORCE ITS OWN LAWS AND MOST IMPORTANTLY HAVE COMPREHENSIVE IMMIGRATION REFORM, SO MUCH OF THESE ISSUES COULD GO AWAY. INSTEAD THEY ARE ATTACKING IT FROM THE WRONG WAY, MR. PRESIDENT. I WOULD HOPE WE WOULD SEE THIS BILL FOR WHAT IT IS AND VOTE AGAINST THIS BILL. THANK YOU, MR. PRESIDENT.

[Unknown]: THANK YOU, SENATOR. THE SENATOR FROM GRAYSON COUNTY, SENATOR CARRICO.

Sen. Bill Carrico (R-Grayson): THANK YOU, MR. PRESIDENT. SPEAKING TO THE BILL.

[Unknown]: THE SENATOR HAS THE FLOOR.

Sen. Bill Carrico (R-Grayson): I HOPE EVERYONE WON'T GET CONFUSED HERE. I HEAR TALK ABOUT COMMUNITY RELATIONS WITH ILLEGAL IMMIGRANTS AND THE NEED THAT WE HAVE TO BUILD THOSE RELATIONSHIPS. WE ARE TALKING ABOUT PEOPLE INCARCERATE. PEOPLE THAT HAVE VIOLATED A LAW THAT ARE IN JAIL AND ALL THIS BILL IS DOING IS SAYING THAT THEY WON'T KEEP THEM IN EXCESS OF DATES AND TIMES PRESCRIBED BY FEDERAL LAW.


[Unknown]: IMPORTANCE OF ECONOMIC DEVELOPMENT, AND NECESSITY OF CREATING JOBS IN THE COMMONWEALTH. AND WE -- WHAT WE DO HERE, WE AFFECT THAT. YOU CAN SEE OTHER STATES AND SOME OF THE LAWS THEY'VE PASSED THAT, IN FACT YOU CAN MAKE YOUR STATE UNFAVORABLE TO BUSINESS DEVELOPMENT BY THE AND LAWS THAT YOU PASS. KINDS OF POSITIONS YOU TAKE NOW, GRANTED, THIS IS ONLY A RESOLUTION, BUT IF YOU ARE THINKING ABOUT LOCATING YOUR BUSINESS IN VIRGINIA, AND YOU GOT A LEGISLATURE WHO IS PASSING LAWS SAYING YOU GOT TO PROTECT FREE SPEECH, IN A DAY AND TIME WHEN WE ARE DEBATING WHAT IS -- WHAT POSITIONS WE WANT TO ACKNOWLEDGE, I THINK THIS IS A BAD PRECEDENT. IT SENDS A BAD MESSAGE FOR PEOPLE LOOKING TO THE COMMONWEALTH AS A POTENTIAL PLACE TO LOCATE THEIR BUSINESS. IT LOOKS LIKE AN INSIGNIFICANT RESOLUTION, BUT IT COULD BE VERY SIGNIFICANT FOR OUR IMAGE. I SUGGEST WE VOTE NO.

Del. Bill Howell (R-Fredericksburg): SHALL THE RESOLUTION BE ADOPTED. SHALL THE SUBSTITUTE BE AGREED TO. ALL THOSE IN FAVOR SAY AYE. OPPOSED NO. SUBSTITUTE AGREED TO. SHALL THE RESOLUTION BE ADOPTED. THE CLERK WILL CLOSE THE ROLL.

[Unknown]: AYES 64, NO'S 31. AYES 64, NO'S 31. THE SUBSTITUTE -- RESOLUTION IS ADOPTED. CONTINUING WITH TODAY'S CALENDAR, PAGE 34, PRINTED VERSION, NEXT CATEGORY, MEMORIAL RESOLUTIONS, LAID ON THE SPEAKER'S TABLE. MEMORIAL RESOLUTIONS ADOPTED IN BLOCK, LISTED ON PAGE 34,

Comments

Noah Holbrook writes:

I like this bill but it needs to have homeschoolers take monthly tests to be fair for the Public Schooling Students who have to keep their grades up.