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Montgomery

After 10 months of diligent effort, we regret to report the school board has decided not to align a specific policy with the compulsory attendance and homeschool laws. If enforced, their policy will have a negative impact on homeschool families.

HEAV has expressed our disappointment with the school board and their attorney. We are hopeful that, as public servants, Montgomery’s leadership will reevaluate our documented concerns and do the right thing for the families they serve.

Remaining Policy and NOI Concerns:

Policy 7-2.1 requires, at a minimum, the child’s date of birth, a list of subjects to be taught and at what grade level, the names/agency providing the instruction, and a description of curriculum that is not limited to a list of subjects (also required on the NOI form).
The policy also describes home instruction as an exemption from school. If the school board chooses to release the homeschool student from school, parents must submit a new exemption request annually, in writing, to the superintendent, to continue homeschooling.

The following has been addressed by HEAV and resolved:

NOI Form Errors: Option (iii) evidentiary requirements went beyond VDOE guidance; required the child’s date of birth and grade level; required the public school the child would attend; and required the child’s previous enrollment status.
Website Errors: The website included incorrect statutory deadlines for both the notice of intent and evidence of progress requirements.

What You Should Know:

Parents are required to comply with the law. Parents may wish to contact an attorney if a district insists they comply with a policy that is inconsistent with the law.
Public school districts can not add to the requirements of the law – only the state legislature can do so.
Like the private school and Virginia-certified tutor options, home instruction is another way to comply with compulsory attendance law – it is not an exemption from the law.
The law does not indicate public school districts do have the statutory authority to approve a parent’s decision to enroll in a private school, hire a Virginia-certified tutor, or homeschool.
The law has not given a public school the authority to approve a homeschool student’s graduation or require an outside entity to verify a parent’s decision to graduate their child.
The legal deadline for evidence of progress is August 1st. The legal deadline for the notice of intent is August 15th.
Parents can choose from any of the evidence of progress options included in the law, regardless of the option under which they notified.
Reference: §22.1-254(A), §22.1-254.1, Virginia Supreme Court (case law) – Sosebee v Franklin County, Montgomery policy – 7-2.1: Compulsory Attendance