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Fauquier County

A parent was told to complete the “official” NOI form before the district would send out a confirmation letter. The district further represented home instruction as a “request” that parents make to public school districts.

To 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:

  • The law does not require parents to use district forms or provide information that goes beyond what the statute requires.
  • There is no “official” notice of intent form. Parents may want to write a simple letter, or they may provide a notice using a prepared form, preferable one 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 may misguide parents regarding direction given in the statute. The law does not give public school districts 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. It is common practice for districts to send a letter to parents acknowledging receipt of their notice of intent, but the law does not require them to do so.
  • 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

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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