A Win for Homeschool Families: Privacy Safeguarded and State Guidance Clarified
What HB2598 and Superintendent Memo 001-26 Mean for Your Family
HEAV is pleased to announce that, following its advocacy and the passage of HB2598, Superintendent’s Memo 001-26 has been released, strengthening homeschool privacy protections and helping local divisions apply the law consistently and accurately.
HEAV’s State Impact
Recognizing that serious privacy violations were increasing across the state, HEAV’s legislative team acted to safeguard existing protections and prevent future incidents.
In collaboration with Delegate Phillip Scott and HSLDA’s Scott Woodruff, HEAV initiated HB2598, which required the state Superintendent of Public Instruction to explain each public school division’s legal obligations under § 22.1-254.1(G). The bill passed unanimously in both the House and Senate and was signed into law by Governor Glenn Youngkin on March 21, 2025. The resulting Superintendent’s Memo 001-26:
- Provides an explanation of each division superintendent’s obligations to adhere to the homeschool privacy protections set forth in 22.1-254.1(G) of the Code of Virginia;
- Encourages all school divisions to review homeschool privacy policies to ensure they are consistent with both state and federal law; and
- Clarifies that divisions are prohibited from sharing any information provided by parents to satisfy Virginia’s home instruction or religious exemption requirements outside the local division without written parental consent, and only to the extent allowed by that consent.
HEAV’s Local Impact
The memo also references the revised Virginia Department of Education (VDOE) Home Instruction Handbook, updated with input from HEAV, featuring clarified language and a new sample Notice of Intent to Provide Home Instruction form designed to reduce implementation challenges statewide.
The revised document provides up-to-date guidance that is consistent with the law, Virginia Supreme Court case law, and related VDOE homeschool resources.
A Win for Homeschool Families—With Challenges Still Ahead
This positive progress is worth marking—not because the fight is over, but because it shows what sustained advocacy, careful documentation, and steady engagement can accomplish. Homeschool freedom is preserved not by accident, but by attention.
HEAV will continue to monitor implementation at the local level and stand with families when questions arise. For now, take heart: Virginia homeschool privacy protections are clearer, stronger, and better defended than they were before—and that’s a win for every family.
History of Privacy Violations in Virginia
Of the 244 incidents documented during the 2024-2025 school year, an alarming 32% related to privacy concerns.
- January 2023: In King William County, the names of six children and five parents, as well as grade levels and physical addresses, was exposed on a public school board agenda.
- October 2023: In Rappahannock County, a homeschool minor’s full name, city and state address, grade level, and homeschool status was published on a public school board agenda.
- July 2024: In Prince William County, homeschoolers experienced a SchoolStatus privacy breach when their statutorily protected information was exposed to an external vendor.
- November 2024: In King William, the names, addresses, and grade levels of eight homeschooled students and one religiously exempt student were exposed on a public school board agenda.
- December 2024: Homeschool families were affected by the nationwide PowerSchool privacy breach through the local use of student information systems.
- January 2025: An SB1031 substitute bill, sponsored by Sen. Perkarsky from Fairfax (former Fairfax school board member), attempted to remove privacy protections for Virginia’s homeschool families.
- February 2025: A statewide sample privacy policy was offered to school boards, replacing the statutory written consent requirements with the term “express consent,” thereby exceeding the statutory limitation. To date, HEAV’s School Board Monitor Team has documented that 53/131 divisions adopted the sample policy as received.
- March 2025: HEAV sent the 2025 Homeschool Privacy Concerns letter to all superintendents and school board chairmen.
- March 2025: In Campbell County, a truancy officer disagreed with the statutory prohibition to require information directly from other school divisions regarding the compliance of homeschoolers who moved out of the district.
- March 2025: In Albemarle County, a religious exemption letter was exposed on a public school board agenda that included the first and last names of parents, the first and last names of six minor children, along with their grade levels and address.
- May 2025: A statewide sample privacy policy was offered to school boards that cited an incorrect statute when referencing the privacy law and limited the statutory written consent requirements to families receiving a religious exemption, omitting the privacy protections afforded to families in compliance with the home instruction law. To date, HEAV’s School Board Monitor Team has documented that 68/131 divisions adopted the sample policy as received.
- June 2025: HEAV addressed the aforementioned sample privacy policy concerns again with no meaningful response or resolution from the authors.
- August 2025: In Prince George’s County, the last names of two families seeking a religious exemption were exposed publicly on a school board agenda.
- August 2025: In Manassas City, the age of a minor whose family was seeking a religious exemption was exposed publicly on a school board agenda.
- October 2025: In Fairfax, homeschool families experienced a Lightspeed Systems privacy breach when their statutorily protected information was exposed to an external vendor.
- November 2025: In Arlington, homeschool families experienced a Lightspeed Systems privacy breach when their statutorily protected information was exposed to an external vendor.
- December 2025: In Fairfax, homeschool families experienced the Hazel Health privacy breach when their statutorily protected information was exposed to an external vendor.
- December 2025: In Prince William, homeschool families experienced the Hazel Health privacy breach when their statutorily protected information was exposed to an external vendor.
Warm regards,
Callie Chaplow
Director of Government Affairs
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