Smyth County

While responding to a parent’s inquiry regarding information on the district’s notice of intent form that was inconsistent with the law, HEAV discovered several other concerns with the district’s forms, website, and homeschool policy. After reaching out to the superintendent and school board, we received a letter from the school board attorney in response.

The attorney advised the following:

• Inconsistencies on the district’s NOI form “will be considered” for an update including additional personal data fields, the description of curriculum, and the evidentiary requirements under NOI option (iii) and (iv). Note: As of 12/06/23, the district has not updated the notice of intent form provided on their website (see “What You Should Know” below);
• Language on the website indicating that the school board approves an individual’s homeschool status, “could be updated,” noting the school board’s actual practice is not to approve home instruction; and
• Inconsistent language in policy LBD regarding the description of curriculum “will be proposed to the School Board for revision.”

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.
• Notice of Intent: The law does not require parents to use district forms. Parents may wish to provide their notice using a prepared form that is in agreement with the law (see HEAV’s NOI form linked below) or they may choose to submit their NOI by writing a simple letter.
• NOI Data Requirement: The law does not require parents to provide personal data such as date of birth, the grade level, the school the student would attend, or more curriculum detail than a list of subjects to be studied in the coming year.
• NOI Option (iii) and (iv) evidentiary requirements: The law does not require homeschool programs to align with the public school’s Standards of Learning. Additionally, homeschool students are prohibited from taking SOLs.
• Notice of Intent: The law requires parents to provide a notice of their intention to home educate; approval is not required. Further, the law does not indicate public school districts have the statutory authority to approve a parent’s decision to enroll in a private school, hire a Virginia-certified tutor, or homeschool.
• Reference: §22.1-254.1(A), §22.1-254.1(B), VDOE Home Instruction Handbook, p. 5, Virginia Supreme Court (case law) Sosebee v Franklin County, HEAV’s NOI Form