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The district’s notice-of-intent form included a checkbox option that was inconsistent with the law stating, “I have hired a certified tutor to provide a program of study. Attached is a copy of the teaching license and a list of subjects to be studied for the upcoming school year.” Additionally, the evidentiary requirements included under NOI option (iii) were limited to “a notice of acceptance or other evidence of enrollment showing the name and address of the school…”

After reaching out to the homeschool liaison, HEAV received an immediate response from the coordinator of the student services office and former homeschool director. Having worked with HEAV in reviewing the Virginia Certified Tutor law and option (iii) in the home instruction law, the district promptly revised the NOI to ensure it was in agreement with the law.

We thank Virginia Beach for their top-notch public service, quick responses, effective resolutions, and for the example they are to districts around the state.

What You Should Know:

  • The Virginia Certified Tutor law is a different law from option (ii) of the home instruction law; they are not interchangeable.
  • Virginia Certified Tutor: Like parents of private schooled students, parents who hire a tutor or who are a tutor and comply with the tutor statute (not the homeschool statute) do not report to their local public school district.
  • Homeschool NOI Option (iii): The law states a program of study or curriculum, “…may be delivered through a correspondence course or distance learning program or in any other manner.” The VDOE provides guidance for districts regarding the evidentiary options available to parents under option (iii).
  • Reference: 2023 HEAV Letter to Superintendents, HEAV Article Virginia Certified Tutor Option, Home Instruction statute, option (iii) (§22.1- 254.1(A)(iii)), VDOE Home Instruction Handbook, p.5

HEAV is always available should you ever have questions or need assistance. Please contact us anytime at 804-278-9200 or via our contact form.

Patricia Beahr
HEAV Assistant Director of Government Affairs

‌Read more about school district incidents here.

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