Fauquier County

HEAV responded to documentation provided by a parent that included a pressing request to complete the “official” NOI form before they would send out a confirmation letter. The district further represented home instruction as a “request” that parents make to public school districts.

To help ensure the law is correctly communicated to parents, HEAV reached out to the student services supervisor to provide clarity on these points. The supervisor thanked HEAV for the information and advised that they would reach out to us should they need further assistance.

What You Should Know:

• Parents are not required to fill out district forms or provide information that goes beyond the child’s name, physical address, age as of September 30th, list of subjects to be studied, and evidence supporting the NOI option chosen.
• There is no “official” notice of intent form. Parents may write a simple letter that includes the required information, or they may provide their notice using a prepared form that is in agreement with the law and VDOE guidance (see HEAV’s NOI form linked below).
• The term “request” is inconsistent with the law, and its use indicates authority not given to districts. Public school districts do not 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 are required to notify the superintendent of their intent to homeschool. 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.
• Reference: Related statutes – §22.1-254(A), §22.1-254.1, HEAV’s NOI form – Notice of Intent to Provide Home Instruction, Virginia Supreme Court (case law) – Sosebee v Franklin County