Notice of Intent to Homeschool in Virginia

Submit Notice of Intent form (shown below) or personal letter to the division superintendent by August 15.

Notice of Intent to Provide Homeschool Instruction [PDF] - Revised effective July 1, 2008

Find Your Superintendent and Where to Send Your Notice of Intent

Chesterfield County Residents: Please send your NOI to:
Superintendent of Chesterfield County
c/o Debra C. Gadberry, Home Instruction Specialist
600 Southlake Boulevard
Richmond, VA 23236
Phone: 594-1697
Fax: 594-1744

NOTICE OF INTENT FAQs

It's important to understand your rights as a parent and to know the correct application of the Virginia homeschool law. Let's discuss some of the questions asked by new and veteran homeschoolers:

What form do I use?
Some school districts provide their own form; however, you are not required to use a specific form. District forms may include requests for information the homeschool law does not require, such as social security numbers. You may complete a Notice of Intent to Homeschool form or write a letter. Keep a copy of the letter or form and mail the original to the division superintendent or his designee by "return/receipt requested" so you will have proof they have received it.

How do I complete the Notice of Intent?
First, you must indicate on the NOI form or by letter that you have met one of four options given in §22.1-254.1 (A). The law states that a parent may homeschool if he has a high school diploma; or is a certified teacher; or provides a program of study or curriculum which may be delivered through a correspondence course or distance learning program or in any other manner; or provides evidence that he is able to provide an adequate education for the child.

Second, you must provide proof that you have met one of the four options listed above by attaching the following for verification.

Option (1) can be satisfied by attaching a copy of a high school diploma or higher degree from either parent, or by providing a transcript from your high school or college. If you don't have either, request the transcript in writing and attach a copy of your request letter to the NOI form or your letter with a note stating you will supply the information as soon as it arrives.
Option (2) can be satisfied by attaching a certificate or letter of eligibility indicating current Virginia teacher certification.
Option (3) can be satisfied by including evidence of enrollment, such as a receipt for payment, letter of acceptance, or enrollment contract; or for an individualized curriculum, a copy of the table of contents or scope and sequence.
Option (4) can be satisfied by a well-written statement indicating why you are able to provide an adequate education for your child. You might briefly state that because you are the parent, you know your child best and you are able to determine his academic needs. You might also say you plan to exercise diligence in teaching your child and will be using a well-planned curriculum. Although the superintendent cannot judge your reasons, he will determine if your statement exhibits a mastery of language, including basic grammar, and spelling.

Third, you must include a description of curriculum for the option you have chosen. A description of curriculum can be a brief list of subjects you plan to teach for each child and the titles of the textbooks you plan to use. If you are not using a text for a subject, you may mention you will be using library books, a unit approach with multiple resources, a particular phonics program, etc. It is not necessary to include a detailed description of course content or a scope and sequence.

What are the ages for school attendance?
All children between five and eighteen must attend school. Specifically, those who will be five years old on or before September 30, and those who have not passed their eighteenth birthday, must attend some type of school (§22.1-254 (A)).

A parent may choose one of the following:

(1) to send his child to public school;
(2) to send his child to private, denominational, or parochial school;
(3) to have his child taught by a tutor or teacher of qualifications approved by the division superintendent; or
(4) to provide for home education as described in §22.1-254.1.

A child may also be excused from compulsory education because of genuine religious training or belief (§22.1-254 (B) (1)).

What if my child is not ready for school?
Exemption: Your child may be exempted from compulsory school attendance if he is not six on or before September 30, and, in your opinion as his parent, is not mentally, physically, or emotionally ready to attend school. You may delay your child's attendance for one year (§22.1-254 (H) (5)). Simply notify the school board office by letter or phone call that you do not want your child to attend school until the following year.

If you elect to keep your five-year-old at home, you may still teach your child in a manner suitable for his age and maturity. With this exemption, it is not necessary to submit a "Notice of Intent to Homeschool" until he is six by September 30. If you plan to homeschool the following year, you may register your six-year-old child as a kindergartner or first-grader depending on his level of achievement and maturity.

Whom should I notify that I plan to homeschool in Virginia?
If you decide to homeschool, you must notify your local division superintendent or his designee (§22.1-254.1 (B)). This can be done by a personal letter or by using the "Notice of Intent to Provide Home Instruction" form (NOI). Keep copies of all correspondence. You may want to send your "Notice of Intent" "return-receipt requested" to have proof that your notification was received. It is not necessary to deliver it in person.

When do I notify?
The division superintendent must be notified no later than August 15 each school year. Parents who move into a school division after August 15, or who begin homeschooling after the school year has begun, should notify the superintendent of their intent to homeschool as soon as possible and comply with the statute within thirty days of notification (§22.1-254.1 (B)). Refer to "Beginning Home Education after the Deadline" to understand what you might expect in these special situations.

How do I comply with the new Virginia homeschool law?
1) First, you must indicate on a NOI form or by letter that you have met one of four options given in §22.1-254.1 (A). The new law states that a parent may homeschool if he

(1) has a high school diploma; or
(2) is a certified teacher; or
(3) provides a program of study or curriculum which may be delivered through a correspondence course or distance learning program or in any other manner; or
(4) provides evidence that he is able to provide an adequate education for the child.

2) Then, you must provide proof that you have met one of the four options listed above by attaching the following forms of verification.

Option (1) can be satisfied by attaching a copy of a high school diploma or higher degree from either parent;
Option (2) can be satisfied by attaching a certificate or letter of eligibility indicating teacher certification;
Option (3) can be satisfied by including evidence of enrollment, such as a receipt for payment, letter of acceptance, or enrollment contract; or for an individualized curriculum, a copy of the table of contents or scope and sequence;
And option (4) can be satisfied by a well-written statement indicating why you are able to provide an adequate education for your child.

For option 4, you might briefly state that because you are the parent, you know your child best and you are able to determine his academic needs. You might also say you plan to exercise diligence in teaching your child and will be using a well-planned curriculum. Although the superintendent cannot judge your reasons, he will determine if your statement exhibits a mastery of language, basic grammar, and spelling.

3) You must also include a description of curriculum for the option you have chosen. A brief listing of the subjects to be taught and the titles of the books or methods you plan to use should be sufficient. It is not necessary to provide lesson plans or send your textbooks to the superintendent.

4) Finally, after each year of homeschooling, a parent must submit evidence of academic achievement. This evidence may be in the form of a standardized achievement test or an independent evaluation or assessment (§22.1-254.1 (C)). It must be submitted to the division superintendent by August 1 each year. However, end-of-year testing is NOT required for children who are five years old on September 30 of the school year. This applies to all five-year-olds and is age related, not grade related.

Do I wait for permission to homeschool?
No, Virginia is not a "permission" state. The law requires you to notify the division superintendent or his designee that you intend to teach your child at home--you are not asking permission. You may begin after you file the NOI. A Notice of Intent or letter indicates how you have complied with the law. You may or may not receive a letter of acknowledgement from the superintendent.

Are the Virginia homeschool laws different for certified teachers?
There are two ways Virginia certified teachers can teach their own children or other children.

One way is for a Virginia certified teacher to comply with option (2) of the Virginia homeschool statute as listed on the "Notice of Intent to Provide Home Instruction" form. If a NOI is used, a curriculum description and end-of-the-year testing are required as part of the Virginia homeschool statute (§22.1-254.1).

Another way a Virginia certified teacher can homeschool his or her children or other children is to comply with "certified or approved tutor statute." This law, §22.1-254 (A), is not part of the homeschool statute. It allows a child to be taught in or out of his home by a Virginia certified teacher. The tutor can be the parent or a non-parent. None of the requirements of the Virginia homeschool statute apply (i.e., testing).

Under both statutes, a tutor must have a current Virginia teacher's certificate or letter of eligibility. A letter with proof of eligibility should be sent to the division superintendent or his designee.

If an approved tutor is a parent who teaches his own children, the parent should send a letter to the division superintendent with a copy of his teacher certification or letter of eligibility and indicate that he is complying with the third option of §22.1-254 (A). He should include the names of his children. If an approved tutor will be teaching other children, the names of these children should be listed in the letter.

Am I required to have my children vaccinated?
Homeschooling parents must comply with all immunization requirements, regardless of the option chosen (§22.1-271.4). These records are to be maintained by the parents at home. Both religious and medical immunization exemptions are available. See "Explanation of Virginia's Immunization Laws." More immunization information for Virginia homeschoolers is available on our website.

Do I file a Notice of Intent if I want a religious exemption?

No, if you file a Notice of Intent, you have complied with the homeschool statute under §22.1-254.1 and must fulfill its requirements.

There is no form for religious exemption. Although a few districts have developed a form, the law does not require you to use it. Most parents who want a religious exemption write a letter to the school board describing their religious convictions with references to the document on which their convictions are based.

Even though parents may have philosophical, political, or sociological objections, or a personal moral code in opposition to school attendance, this cannot be the basis for a religious exemption. Parents must be conscientiously opposed to attendance at school because of sincere religious training or belief in order to homeschool under §22.1-254 (B) (1). This statute cannot be used for any other reason.

Most families have no difficulty with the school board recognizing their religious beliefs, but if you think you might have a problem, you may want to contact Homeschool Legal Defense Association prior to submitting your letter. For a complete explanation of religious exemption, please refer to the Religious Exemption for Virginia Homeschoolers section of our website.

What if my superintendent asks for more information than the law requires?
If a superintendent goes beyond the requirements of the law, such as insisting on birth dates and/or social security numbers, you are not obligated to supply this information. If he insists on requiring more than the law requires, ask him to put his request in writing. This will document his request for future reference.

If you are unable to resolve the division superintendent's request or decision, you may make an appeal to an independent hearing officer within thirty days. You must inform your superintendent that you request an appeal. An independent hearing officer will be chosen to hear both sides of the disagreement according to §22.1-254.1(E).

Do I have to use the form sent by my superintendent?
No, the law does not require a particular form. You may write a personal letter or use a NOI form. Some forms from superintendents request more information than is appropriate. The HEAV form only includes information specifically required by the Virginia homeschool statute.

What happens if something goes wrong?
Never ignore official correspondence or telephone calls. If for some reason the superintendent responds negatively,

respectfully ask him to put his decision and/or requirements in writing and to mail you a copy;
discuss the requirements of the law with experienced homeschoolers, or give our HEAV office a call (804-278-9200)--we have LOTS of experience and are here to help and answer questions;
seek legal counsel, if necessary; and,
if all else fails, within thirty days you may appeal his decision before an independent hearing officer. The cost of the hearing will be apportioned by the hearing officer based on his findings.