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Fauquier County 12/16/24

Several parents contacted HEAV to advise that their Notice of Intent was returned to them with a request to use the district’s Notice of Intent (NOI) form. Parents were further concerned that the district’s NOI form required the child’s date of birth and grade level and the parent’s email address and phone number. Additionally, the form cited the incorrect ages to which compulsory attendance law applies. Having addressed similar privacy concerns in August of 2023, HEAV reached out to the superintendent’s office with official correspondence.

HEAV is pleased to report that positive change has been made for homeschool families. The district now links to HEAV’s NOI form—a form that is consistent with the law, case law, and VDOE guidance. Additionally, the district indicated that it will endeavor to be clearer in its correspondence so parents do not feel compelled to comply with public school office preferences over the Virginia Code. HEAV is thankful to Fauquier for these positive changes.

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What You Should Know:

- In Sosebee v. Franklin County School Board, the Supreme Court of Virginia concluded school districts cannot add requirements to the law; only the state legislature may do so.
- Requirements for information beyond a child’s name, address, and age as of September 30 of the school year are inconsistent with the law.
- The homeschool law does not require parents to use a specific form (paper or online). It also does not prescribe a particular delivery method for homeschool correspondence. Parents may, for example, write a letter to notify their superintendent and send correspondence through certified mail.
- The Notice of Intent is a legal document. It cannot be rejected on the basis of a local public school district’s office preferences.
- 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. Additionally, the guidance found on our website, HEAV.org, can help protect you from unnecessary compliance challenges.