Spotsylvania 12.4

A concerned parent contacted HEAV after she was advised by elementary school leadership that her child would remain enrolled and be counted absent until approval had been granted for her to homeschool. Further, the parent was told that she must read and complete “the (district’s) homeschool form per VA Homeschool laws,” and it could then be returned to the elementary school representative for processing.

After reviewing the written correspondence the parent received from school personnel, HEAV provided the parent with accurate statute information and references. Using the tools HEAV provided, the parent was able to resolve the concerns without further escalation.

Please contact HEAV for accurate information regarding the homeschool law and its application.

What You Should Know:

• 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. Under the homeschool statute, parents are required to notify the superintendent of their intent to homeschool, not seek approval.
• Once the parent notifies the district of their intent to homeschool, in most cases they may withdraw their child immediately and “…shall thereafter comply with the requirements of this section within 30 days of such notice.”
• The superintendent is responsible for processing the NOI and updating public school systems accordingly. 
• The law requires parents to send legal homeschool documentation to the superintendent. Local school personnel should not request or receive these legal documents from parents.
• Parents may choose to submit their notice to homeschool by using a prepared form that is consistent with the law and VDOE guidance (like HEAV’s), or they may wish to send a letter to notify.
• The 2020 Virginia Supreme Court in Sosebee v. Franklin County School Board concluded school districts cannot add requirements to the law; only the state legislature can do so.
• Reference: §22.1-254, §22.1-254.1, Sosebee v. Franklin County School Board, HEAV Article: Immediate Withdrawal, HEAV’s Notice of Intent Form