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City of Hopewell

A parent, who notified of her intent to homeschool under option (iii) “in any other manner,” was asked to submit proof of enrollment in an online program or a written description of her homeschool curriculum as evidence of having met this option’s criteria for providing home instruction. Additionally, she was asked to provide grade level data for her children. Although the parent advised the requested information was not applicable, the district persisted. The parent then contacted HEAV for help.

HEAV reached out to the supervisor of pupil personnel to clarify the law and address public school district limitations regarding personal data of homeschooled children.

The supervisor responded favorably to HEAV and we are thankful to Hopewell for this positive resolution.

What You Should Know:

  • Under NOI option (iii), the law indicates any parent may homeschool “if he (iii) provides the child with a program of study or curriculum, which may be delivered through a correspondence course or distance learning program or in any other manner.”
  • The VDOE Home Instruction Handbook states: “If the teaching parent provides a program of study or curriculum that is delivered through any other manner, a list of the courses to be studied for the coming year must be submitted to the school division. Submission of these materials is for information purposes only.” Neither the law nor VDOE guidance indicate parents are required to provide a written description of their homeschool curriculum for this NOI option.
  • The law states the description of curriculum requirement is “…limited to a list of subjects to be studied during the coming year.”
  • The law does not require parents to provide information that goes beyond what the statute requires.
  • The law does not require homeschool parents to assign or provide a grade level for a public school district’s administrative purposes.
  • The Virginia Supreme Court has determined that public school districts cannot add requirements to the law; only the state legislature can do so.
  • Reference: §22.1-254.1(A)(iii), §22.1-254.1(B), VDOE Home Instruction Handbook, p. 5, Virginia Supreme Court: Sosebee v. Franklin County School Board, HEAV Article: Options 3 and 4

HEAV is always available should you ever have questions or need assistance. Please contact us anytime at 804-278-9200 or via our contact form.

Patricia Beahr
HEAV Assistant Director of Government Affairs

‌Read more about school district incidents here.

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