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Chesterfield County 3/19/24

HEAV identified several concerns on the district’s website and e-NOI form relating to the accuracy of information and requirements of Virginia’s education laws. HEAV provided information and resources relating to the Notice of Intent, Evidence of Progress, and the description of curriculum requirements. We also offered clarification on the differences between the Virginia-certified tutor statute and option (ii) in the home instruction statute.

We are pleased to share that the superintendent’s office kindly received our concerns and suggestions, and its website and e-NOI form are now consistent with the law. HEAV is thankful to Chesterfield for this positive resolution and its dedication to the law and to the families it serves.

What You Should Know:

All parents are encouraged to contact HEAV for accurate information and forms relating to Virginia’s home education laws. Please remember, it is the parent who is ultimately responsible for knowing and ensuring their compliance with the law.
To assist parents in ensuring their compliance with the compulsory attendance and home instruction laws, we encourage use of HEAV’s Notice of Intent form. It is consistent with the law, case law, and VDOE guidance.
Parents do not enroll or seek approval to homeschool. When the choice is made to home educate, the law requires parents to notify their superintendent of their intent to do so.
Personal information requirements beyond a child’s name, address, and age as of September 30 of the school year are inconsistent with the law as determined by the Virginia Supreme Court.
The law requires parents to provide a description of curriculum that is “limited to a list of subjects to be studied during the coming year.” Public school districts can not add further description-of-curriculum requirements for high school students.
The law does not require parents to submit homeschool correspondence via email. Parents may, for example, write a letter to notify their superintendent and send correspondence through certified mail.
Districts cannot require evidence of progress when the student:
- is under the age of six as of September 30 of the school year;
- no longer lives in the school district;
- has otherwise complied with compulsory school attendance requirements;
- has reached his 18th birthday; or
- has obtained a high school diploma or its equivalent.
Individuals who hold a Virginia teaching license may either become a Virginia-certified tutor or teacher under the compulsory attendance law, or they may choose to homeschool their children under NOI option (ii) in the home instruction law.
Parents must comply with the law. Public school personnel can not add requirements to the law; only the state legislature may do so.