Albermarle

A parent contacted HEAV when she was advised by a school district associate that her notice of intent would not be accepted because the district required parents to use their online or paper forms. The district associate further indicated that, once the parent complied with this requirement, the district would “approve” her request to homeschool.

HEAV contacted the district to share the law and explain how this request was inconsistent with the Virginia Code. HEAV was immediately contacted by the director of instruction who thanked us for contacting them and indicated theyintend to accept a NOI in any form that meets the requirements. The director further indicated they will change their language to indicate whether or not the statutory requirements have been met rather than use “approval” terminology that is inconsistent with the law. HEAV is thankful to Albemarle for this courteous and prompt resolution.

What You Should Know:

• The law does not require parents to use district forms or provide information that goes beyond the law. Only the state legislature can add requirements to the law.
• The law does not indicate that public school districts have the statutory authority to “approve” a parent’s decision to enroll in a private school, hire a Virginia-certified tutor, or homeschool.
• Under the homeschool statute, parents must notify the superintendent of their intent to homeschool and show how they have complied with the law. The superintendent’s responsibility is to ensure parents have met the requirements of the homeschool law. Districts may, but are not required to, send a letter to parents acknowledging receipt of their notice of intent.
• Resources: Relevant statutes – §22.1-254(A), §22.1-254.1, Virginia Supreme Court (case law) – Sosebee v. Franklin County School Board, HEAV Q&A: “Approval” of NOI, HEAV’s Notice of Intent form