9/28/26 Hanover County Public Schools Update

We are pleased to report that, after extensive correspondence that began in 2025, HEAV and Hanover County Public Schools (HCPS) have resolved several concerns raised by Hanover homeschool families.

• Notice of Intent form. The updated form is now consistent with state law, Supreme Court of Virginia case law, and VDOE guidance.
• Parent letters. HCPS corrected correspondence that, contrary to the law, had required families who move from Hanover or change educational options to submit evidence of progress to them. It also updated its representation of the evidence of progress to align with state law.
• Policies: Several provisions now align with Virginia law, including those on the criteria for electing home instruction, curriculum description, evidence of progress, and privacy protections.

We thank HCPS for making these changes.

Hanover County

Several important concerns remain.

Approval Language in Policy and Application
HCPS Policy 7-2.1, Compulsory Attendance, describes home instruction as an exemption that must be requested or applied for—language that is unsupported by state law. HEAV raised the concern on four separate occasions and assisted parents who were told they could not begin home instruction until approved. HCPS has informed HEAV that it will not update this language.

Enrollment Language
The law requires parents to “notify” the division superintendent of their decision to provide home instruction. However, HCPS letters may still refer to home instruction as “enrollment,” a term that can misrepresent statutory roles and limitations. Our current understanding is that HCPS has no plans to change this language.

Evidence of Progress
While HCPS no longer advises families that they are “required” to provide evidence of progress when a student is no longer under its jurisdiction, it may still encourage them to do so if a parent “wishes to have documentation of compliance…for the completed school year.”

HEAV expressed that evidence of progress is not required in every case, and HEAV questioned the division’s authority to document compliance for families no longer under its jurisdiction. The superintendent confirmed that the request is an administrative preference, not a blanket legal requirement, but did not provide the statutory basis HEAV requested.

What You Should Know:

• Virginia Code § 22.1-78 provides that school board policies and regulations may not be inconsistent with state law. Homeschool parents may always reach out to their school boards with implementation concerns.
• Administrative requests or courtesies may be presented using words such as “please” or “encouraged to.” Parents should know the law to understand the difference between statutory requirements and optional administrative requests or preferences.
• If a division’s implementation of the homeschool laws conflicts with state or federal law, parents may wish to consult an attorney.

Support HEAV Government Relations: Your support helps HEAV monitor homeschool implementation across Virginia, assist families, and work with public school divisions to address concerns.

Related FAQ’s

What do I do if public school personnel tell me I can’t remove my child to provide home instruction until I am approved?
Parents have a statutory right to choose their child’s educational option and may change compliance options at any time. The law does not authorize local public school divisions to approve this parental choice. Learn more about starting homeschooling midyear.

Can I be placed on probation if the school division loses my homeschool documents?
Home instruction documents are legal documents. Parents should keep copies, correspondence, and proof of receipt to document compliance with state law if questions about compliance arise. Learn more about complying with the homeschool law.

Can I provide home instruction with a GED?
Yes. Parents may notify under either option (iii) or (iv). Learn more about notification options here.

Is accreditation required to operate as a private school in Virginia?
No. Accreditation is not required to operate as a public or private school in Virginia. Learn more about private schools vs homeschools.