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New Kent County 12/16/24

Several parents contacted HEAV with concerns relating to the district’s implementation of the home instruction and Virginia-certified tutor laws. These concerns included a request to provide standardized test scores on an evaluation,

a requirement to provide Evidence of Progress (EOP) unless the child was “5 years old,”
requests for parents to resubmit their Notice of Intent (NOI) using the district’s form that included fields for the child’s date of birth and grade level and contained evidentiary requirements inconsistent with the law and VDOE guidance,
and the incorrect processing of Virginia-certified tutor submissions.

New Kent’s superintendent promptly responded to our concerns, and we are pleased to report the district has advised they will be working on making the needed changes immediately. The superintendent also expressed that he valued the partnership with HEAV and appreciated our correspondence. We are thankful to New Kent for this positive response and its dedication to the law and homeschool families.

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What You Should Know:

The home instruction law provides several EOP options for parents to choose from. The law requires parents to comply with only one of these options.
Districts cannot require evidence of progress when the student:
- is under the age of six as of September 30 of the school year;
- no longer lives in the school district;
- has otherwise complied with compulsory school attendance requirements;
- has reached his 18th birthday; or
- has obtained a high school diploma or its equivalent.
The home instruction law does not require parents to use public school district forms or provide personal information beyond their child’s name, address, and age as of September 30.
The VDOE’s Home Instruction Handbook provides the following evidentiary guidance for processing option (iii) notifications:
- “If the child is enrolled in a correspondence course or distance learning program, the parent must submit evidence of such enrollment and a list of the subjects to be studied for the coming year to the school division; however, no judgment of the materials is required of the school division superintendent.” (emphasis added)
- If the 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.” (emphasis added)
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.
Individuals with a current Virginia teaching license may either file to be recognized as a Virginia-certified tutor or teacher under the compulsory attendance law or comply with Notice of Intent option (ii) in the home instruction law.