HEAV Is Looking Out for You
Homeschool Incident Communications
Through the efforts of your HEAV Homeschool Support and Government Affairs and your School Board Monitor Teams, HEAV keeps you informed of Virginia homeschool incidents by school district.
Richmond City 7/21/24
HEAV was contacted by several concerned parents in relation to challenges they were experiencing with the district’s e-Notice of Intent and e-Evidence of Progress forms. Upon review of the e-forms, HEAV immediately contacted the superintendent’s office to address 23 concerns and inconsistencies with the law. Although these errors were significant and numerous, HEAV is pleased to report the district provided a courteous, prompt, and productive response.
After being advised that the superintendent’s duties were being managed by a team new to home instruction, HEAV worked closely with the director of enrollment, placement, and planning to share information pertaining to the law, provide resources, and address each concern individually. The director responded by receiving HEAV’s feedback graciously, and he promptly updated the district’s e-forms to ensure they were in compliance with the Virginia Code. We are thankful to Richmond City for setting such a positive example in resolving these concerns quickly and honoring the law and homeschool families in its district.
What You Should Know:
- All parents are encouraged to contact HEAV for accurate information, forms, and resources relating to Virginia’s home education laws. Please remember, it is the parent who is statutorily responsible for knowing and ensuring their compliance with the law.
- To assist in protecting from unnecessary compliance challenges, HEAV encourages use of the guidance found on our website, HEAV.org, and our Notice of Intent (NOI) form. Our NOI form is kept up-to-date to ensure it is consistent with the law, case law, and VDOE guidance.
- The law does not require parents to certify their Notice of Intent and Evidence of Progress submissions.
- Parents do not “enroll” in home instruction. Parents do not seek “approval” to homeschool. When the choice is made to home educate, the law requires parents to notify their superintendent of their intent to do so.
- The 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.
- There are no required subjects prescribed by the home instruction law. Parents are required to provide a “description of the curriculum, limited to a list of subjects to be studied during the coming year.”
- Religious exemption does not fall under home instruction, §22.1-254.1, and the option should not be included on a NOI form. Additionally, parents obtain a religious exemption from the local school board—not the superintendent.
- Parents may begin home instruction any time during the year. The annual Evidence of Progress deadline is August 1. For those who will continue homeschooling, the annual Notice of Intent deadline is August 15.
Get Involved! Sign up for HEAV Communications and Legislative Updates so you can stay up-to-date on HEAV’s efforts to protect your homeschool freedom.
Resources:
- HEAV Resource: Compliance Cautions
- HEAV Resource: Law Flowchart
- HEAV Resource: 2024 Letter to Superintendents
- HEAV Resource: Information for School Personnel
- HEAV Resource: Electronic District NOI Forms
- HEAV Resource: HEAV’s Notice of Intent to Provide Home Instruction Form (free for use)
- HEAV Resource: 7 Steps to Begin Homeschooling In Virginia
- HEAV Resource: NOI Description of Curriculum
- HEAV Resource: Birth Dates and Grade Levels on District NOI Forms
- HEAV Resource: Religious Exemption Information
- Virginia Administrative Code: 8VAC20-490-10, School Officials Familiarity with the Law
- Virginia Code: § 1-240.1, Rights of Parents.
- Virginia Code: § 22.1-254, Compulsory Attendance Law
- Virginia Code: § 22.1-254.1, Home Instruction Law
- Virginia Code: § 22.1-254(B)(1), Religious Exemption Law
- Case Law: Supreme Court of Virginia, Sosebee v. Franklin County School Board
- VDOE Resource: 2023 Home Instruction Handbook
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.
Read more about school district incidents here.
Patricia Beahr
HEAV Director of Government Relations
Chesterfield County 3/19/24
HEAV identified several concerns on the district’s website and e-NOI form relating to the accuracy of information and requirements of Virginia’s education laws. HEAV provided information and resources relating to the Notice of Intent, Evidence of Progress, and the description of curriculum requirements. We also offered clarification on the differences between the Virginia-certified tutor statute and option (ii) in the home instruction statute.
We are pleased to share that the superintendent’s office kindly received our concerns and suggestions, and its website and e-NOI form are now consistent with the law. HEAV is thankful to Chesterfield for this positive resolution and its dedication to the law and to the families it serves.
What You Should Know:
- All parents are encouraged to contact HEAV for accurate information and forms relating to Virginia’s home education laws. Please remember, it is the parent who is ultimately responsible for knowing and ensuring their compliance with the law.
- To assist parents in ensuring their compliance with the compulsory attendance and home instruction laws, we encourage use of HEAV’s Notice of Intent form. It is consistent with the law, case law, and VDOE guidance.
- Parents do not enroll or seek approval to homeschool. When the choice is made to home educate, the law requires parents to notify their superintendent of their intent to do so.
- Personal information requirements beyond a child’s name, address, and age as of September 30 of the school year are inconsistent with the law as determined by the Virginia Supreme Court.
- The law requires parents to provide a description of curriculum that is “limited to a list of subjects to be studied during the coming year.” Public school districts can not add further description-of-curriculum requirements for high school students.
- The law does not require parents to submit homeschool correspondence via email. Parents may, for example, write a letter to notify their superintendent and send correspondence through certified mail.
- 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.
- Individuals who hold a Virginia teaching license may either become a Virginia-certified tutor or teacher under the compulsory attendance law, or they may choose to homeschool their children under NOI option (ii) in the home instruction law.
- Parents must comply with the law. Public school personnel can not add requirements to the law; only the state legislature may do so.
Get Involved! Sign up for HEAV Communications so you can stay up-to-date on HEAV’s efforts to protect your homeschool freedom.
Resources:
- HEAV Resource: Compliance Cautions
- HEAV Resource: Law Flowchart
- HEAV Resource: HEAV’s Notice of Intent to Provide Home Instruction Form (free for use)
- HEAV Resource: Birth Dates and Grade Levels on District NOI Forms
- HEAV Resource: 7 Steps to Begin Homeschooling in Virginia
- HEAV Resource: Evidence of Progress
- HEAV Resource: NOI Description of Curriculum
- Virginia Code: § 1-240.1, Rights of Parents.
- Virginia Code: § 22.1-254, Compulsory Attendance Law
- Virginia Code: § 22.1-254.1, Home Instruction Law
- Case Law: Supreme Court of Virginia, Sosebee v. Franklin County School Board
- VDOE Resource: 2023 Home Instruction Handbook
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 Director of Government Relations
Warren County 7/29/23
Your HEAV school board monitor team identified two policies and regulations that were inconsistent with Virginia’s homeschool laws in several areas. Concerns included language that described a Notice of Intent as a request that is subject to approval or permission, a requirement for all parents to produce evidence of curriculum or enrollment in a correspondence course in English and mathematics, misrepresentation of the Virginia-certified tutor and religious exemption (RE) laws as home instruction, and a requirement for parents to submit annual requests for RE to the superintendent or designee in writing.
After working with the school board over several months, HEAV is pleased to share that all of these policies and regulations have been updated and are now consistent with the law. We are thankful to the school board for this positive resolution. HEAV would like to extend special appreciation to school board members Melanie Salins and Thomas McFadden for their hard work and dedication to the homeschool community in seeing this effort through to completion.
What You Should Know:
- Parents are required to comply with the Virginia Code.
- Public school policy is not law, but it should be consistent with the law.
Get Involved! Sign up for HEAV Communications so you can stay up-to-date on HEAV’s efforts to protect your homeschool freedom.
Resources:
- HEAV Resource: Compliance Cautions
- HEAV Resource: Law Flowchart
- HEAV Resource: 2024 Letter to Superintendents
- HEAV Resource: Information for School Personnel
- Warren County Policy: LBD – Home Instruction
- Warren County Regulation: LBD-R – Information on Home-Schooling in Warren County
- Warren County Policy: JEG – Exclusions and Exemptions From School Attendance
- Warren County Regulation: JEG-R – Release From Compulsory Attendance-Religious Beliefs
- Virginia Code: § 1-240.1, Rights of Parents
- Virginia Code: § 22.1-254, Compulsory Attendance Law
- Virginia Code: § 22.1-254.1, Home Instruction Law
- Virginia Administrative Code: 8VAC20-490-10, School Officials Familiarity with the Law
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 Director of Government Relations
NEWS ALERT
ATTENTION CARROLL COUNTY HOMESCHOOLERS: Several concerned parents contacted HEAV regarding a call from a local elementary school employee who indicated it was “required by the state” to set an appointment and take the Virginia Language & Literacy Screening System (VALLSS) test.
HEAV assures parents that this information is incorrect. Parents are not required to respond.
HEAV contacted the Assistant Superintendent. We are in agreement that this test is not required. It seems that these calls resulted from a misunderstanding that occurred on the local public school level. We have asked the district to communicate directly with the homeschool families who were contacted to provide correct information and resolve concerns.
For immediate assistance, please call the HEAV office at 804-278-9200. Ask for Patricia Beahr, HEAV’s Director of Government Relations.
Carroll County 9/5/24
HEAV took immediate action after hearing from several concerned parents related to calls received from a district employee who indicated homeschool parents were “required by the state” to set an appointment and take the Virginia Language & Literacy Screening System (VALLSS) test. In addition to posting a priority news alert on HEAV’s social media page and groups, HEAV contacted Carroll County’s assistant superintendent to investigate.
HEAV learned two misunderstandings had occurred in the district. There was, apparently, a communication received from the VDOE relating to the VALLSS program, and district personnel interpreted the communication to apply to homeschoolers. The second misunderstanding occurred as a district employee thought homeschoolers had to take the VALLSS test rather than simply being offered the option to do so.
HEAV is pleased to report that Carroll County’s assistant superintendent worked quickly to address the concern with district personnel. He also agreed to ensure that all parents who received inaccurate information would be contacted to rectify the situation. HEAV is thankful to Carroll County for taking swift and effective action to resolve these concerns for homeschool families.
What You Should Know:
- Parents are required to comply with the home instruction law. 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.
- Parents who know the law are essential to ensuring it is implemented correctly in their districts. Do not fear. If you are unsure of your district’s compliance, we implore you to bring it to HEAV’s attention so that we may provide accurate information on Virginia’s education laws.
- To assist parents in ensuring their compliance with the compulsory attendance and home instruction laws, we encourage use of HEAV’s Notice of Intent form. It is consistent with the law, case law, and VDOE guidance. Additionally, the guidance found on our website, heav.org, can help protect you from unnecessary compliance challenges.
Get Involved! Sign up for HEAV Communications so you can stay up-to-date on HEAV’s efforts to protect your homeschool freedom.
Resources:
- HEAV Resource: HEAV Communications
- HEAV Resource: Compliance Cautions
- HEAV Resource: Law Flowchart
- HEAV Resource: 2024 Letter to Superintendents
- HEAV Resource: HEAV’s Notice of Intent to Provide Home Instruction Form (free for use)
- Virginia Code: § 1-240.1, Rights of Parents.
- Virginia Code: 8VAC20-490-10, School Officials Familiarity with the Law
- Virginia Code: § 22.1-254, Compulsory Attendance Law
- Virginia Code: § 22.1-254.1, Home Instruction Law
- Case Law: Supreme Court of Virginia, Sosebee v. Franklin County School Board
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
NEWS ALERT
ATTENTION CARROLL COUNTY HOMESCHOOLERS: Several concerned parents contacted HEAV regarding a call from a local elementary school employee who indicated it was “required by the state” to set an appointment and take the Virginia Language & Literacy Screening System (VALLSS) test.
HEAV assures parents that this information is incorrect. Parents are not required to respond.
HEAV contacted the Assistant Superintendent. We are in agreement that this test is not required. It seems that these calls resulted from a misunderstanding that occurred on the local public school level. We have asked the district to communicate directly with the homeschool families who were contacted to provide correct information and resolve concerns.
For immediate assistance, please call the HEAV office at 804-278-9200. Ask for Patricia Beahr, HEAV’s Director of Government Relations.
Prince William 8.19.24
UPDATE 10.14.24:
We have good news regarding the apparent privacy breach. As we recently shared, after HEAV communicated with Prince Wiliam County’s attorney with unsatisfactory response, we enlisted Scott Woodruff, HSLDA’s Director of Legal and Legislative Advocacy, to join our efforts to protect the private information of homeschool families as §22.1-254.1(G) requires.
Prince William’s attorney indicated that steps have been taken in response to HEAV and HSLDA’s joint inquiry to ensure homeschool privacy is protected. Their attorney wrote: “PWCS has already taken steps to address [HSLDA] concerns. Specifically, PWCS will no longer be sending bulk emails like the one that went out on July 18, 2024, to homeschooling families using SchoolStatus. In addition, PWCS will notify SchoolStatus in writing that they should delete any residual data they may possess pertaining to these families and provide us with confirmation once that has been done. I will provide [HSLDA] with a copy of that confirmation when it is received.” Read more on this report here.
HEAV is seeking additional legislative action for homeschool families’ protection. Be sure to sign up for HEAV Communications and Legislative Updates so you can stay up-to-date on HEAV’s efforts to protect your homeschool freedom.
What You Should Know:
The home instruction law states: “G. No division superintendent or local school board shall disclose to the Department or any other person or entity outside of the local school division information that is provided by a parent or student to satisfy the requirements of this section or subdivision B 1 of § 22.1-254. However, a division superintendent or local school board may disclose, with the written consent of a student’s parent, such information to the extent provided by the parent’s consent.”
Although Virginia Code protects the private information parents provide on themselves and their children, it is important to be aware that privacy breaches can happen. Therefore, it is prudent to only provide the personal information that is required by the law.
The 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.
To assist parents in ensuring their compliance with the compulsory attendance and home instruction laws, we encourage use of HEAV’s Notice of Intent form. It is consistent with the law, case law, and VDOE guidance.
Resources:
- HEAV Resource: HEAV Communications
- HEAV Resource: 7 Steps to Begin Homeschooling In Virginia
- HEAV Resource: HEAV’s Notice of Intent to Provide Home Instruction Form (free for use)
- HEAV Resource: Birth Dates and Grade Levels On District NOI Forms
- HEAV Resource: Electronic Notice of Intent Forms
- HEAV Resource: Compliance Cautions
- Virginia Code: § 22.1-254, Compulsory Attendance Law
- Virginia Code: § 22.1-254.1, Home Instruction Law
- Case Law: Supreme Court of Virginia, Sosebee v. Franklin County School Board
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.
On 07/18/24, HEAV posted an alert in regard to an alarming email sent to Prince William County homeschool families soliciting participation in a “student emotional well-being” assessment. The message was delivered through a company called SchoolStatus in Hattiesburg, Mississippi. While HEAV’s investigation has confirmed this communication was sent to homeschoolers in error, we remain focused on addressing the apparent privacy breach.
State law prohibits public school districts from disclosing information that is provided by a parent or student to satisfy the home instruction statute or subdivision B1 of §22.1-254 to any person or entity outside the local school division.
PWCS does not deny they have provided homeschoolers’ information to SchoolStatus. However, the division’s attorney responded to HEAV by stating that, based on his discussions with staff, the division operates in full compliance with Va. Code § 22.1-254.1 and any other statute related to home instruction.
HEAV believes the division’s attorney has failed to sufficiently investigate and address the apparent privacy breach, and we are currently working with Scott Woodruff of HSLDA to address these privacy considerations. We are not recommending that families take action at this point as we continue to work with PWCS’s Office of Division Counsel. Please be assured, we will continue to provide updates as this situation develops.
For immediate assistance, please call the HEAV office at 804-278-9200, and ask for Patricia Beahr, HEAV’s Director of Government Affairs.
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.
Highland County 8/15/24
Your HEAV school board monitor team found a concern in the district’s most recent religious exemption (RE) policy draft. The policy draft would have required parents who have already received an RE to resubmit a request annually to the superintendent by mail or in the school board office.
HEAV reached out to the school board chair regarding this policy draft. We explained the historical and state-wide practice for processing REs as an exemption from compulsory attendance law. Highland County now understands that the RE law does not include an annual notification.
We are pleased to report Highland County promptly responded, and our concerns were immediately addressed during the following school board meeting. The policy of concern has been removed.
We are thankful to Highland for taking quick and corrective action to achieve this positive resolution.
What You Should Know:
- The policy language proposed originates from policy samples offered by the Virginia School Board Association (VSBA). Most of the 131 public school districts invest in VSBA’s policy services at a cost to taxpayers.
- Unfortunately, it is common for school boards to adopt VSBA policy samples without having direct knowledge of the law and historical practices.
Get Involved! Sign up for HEAV Communications and Legislative Updates so you can stay up-to-date on HEAV’s efforts to protect your homeschool freedom.
Resources:
- HEAV Resource:
Highland Policy: JEG (Revision) - Rights of Parents: §1-240.1
- Compulsory Attendance Law: §22.1-254
- Religious Exemption Law: §22.1-254.1(B)
- Virginia Act For Religious Freedom Recited: §57-1
- Constitution of Virginia: Article I, Section 16
- HEAV Resource: Religious Exemption Information
- HEAV Resource: Information For School Personnel
- HEAV Resource: 2024 Letter to Superintendents
- HEAV Resource: Legislative Updates
- HEAV Resource: Legislative Summaries
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
King William 8/14/24
HEAV immediately contacted the school board upon discovering an agenda attachment that directly named six children and five parents, including their grade levels and physical addresses. Although HEAV is thankful to the district for taking swift corrective action, we are reminded of the legislature’s continued failure to provide reasonable, student privacy protections by adding homeschoolers to the closed meeting exemptions already protecting public school student privacy.
Over the last two years, HEAV and HSLDA initiated HB1953 and HB873 – bills that would require school boards to have closed meetings when discussing personal information on homeschool documents or religious exemption letters unless parents objected. Both bills failed along party lines. HEAV intends to have such legislation introduced again during the 2025 session. Stay tuned!
What You Should Know:
- Get Involved! Sign up for HEAV Legislative Updates so you can stay up-to-date on legislative efforts that affect your homeschool protections and freedoms.
- The law states: “No division superintendent or local school board shall disclose to the Department or any other person or entity outside of the local school division information that is provided by a parent or student to satisfy the requirements of this section or subdivision B 1 of §22.1-254.”
Resources:
- HEAV Resource: HEAV Communications
- 2023 HEAV Legislative Presentation: HB1953 (4:29:27)
- HEAV Resource: Legislative Update, 2023 Final Report
- 2024 HEAV Legislative Presentation: HB873 (4:31:53)
- HEAV Resource: Legislative Update, 2024 General Assembly Outcome
- FOIA Law: §2.2-3711, Closed Meeting Exemptions
- Home Instruction Law: §22.1-254.1
- HEAV Resource: Law Flowchart
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
Prince William 7/18/2024
ATTENTION PRINCE WILLIAM HOMESCHOOLERS: A homeschool parent alerted HEAV that they received an alarming email soliciting participation in a “student emotional well-being” assessment. This parent’s child has never been enrolled in the public school system.
Parents are not required to respond to this solicitation.
We are hopeful this email was sent to homeschool parents in error. HEAV is currently investigating this. If you received this email, please forward it to office@heav.org, and caution other homeschoolers in your community.
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.
Giles County Religious Exempt Homeschool Families 6/27/2024
UPDATE 10/24/24
As a follow up to our 06/28/24 alert, HEAV is pleased to report the superintendent’s office has removed the religious exemption option from its Notice of Intent to Provide Home Instruction form (NOI). Religious exemptions are now being sent to the school board for acknowledgement, as prescribed in the law. We do regret to report, however, that the district has chosen not to update its NOI form to ensure consistency with the law, case law, and VDOE guidance as it pertains to information fields and NOI option (iii).
Although HEAV is disappointed the district has chosen not to fully update its NOI form, we are thankful to the school board and superintendent’s office for the positive changes that have been made to ensure religious exemptions are processed properly. Parents should now expect to receive a proper religious exemption letter from the school board that clearly verifies the exemption.
What You Should Know:
- We caution parents against relying on the accuracy of information and forms provided by the public school system. Frequently, doing so causes unnecessary challenges for parents. Please remember, it is the parents—not the public school system—who are responsible for ensuring compliance with the law.
- To assist parents in ensuring their compliance with the compulsory attendance and home instruction laws, we encourage use of HEAV’s Notice of Intent form. It is consistent with the law, case law, and VDOE guidance. Additionally, the guidance found on our website, heav.org, can help protect you from unnecessary compliance challenges.
- Home instruction (§22.1-254.1) is a way to comply with compulsory attendance law. Religious exemption (§22.1-254(B) is an exemption from compulsory attendance law. These are two different laws with different statutory requirements and processes. The religious exemption option should never be included on a NOI form to homeschool.
- Requirements for information beyond a child’s name, address, and age as of September 30 of the school year are inconsistent with the law as determined by the Supreme Court of Virginia.
Public school districts cannot add requirements to the law; only the state legislature may do so. - If a public school district wishes to obtain personal data outside the limits of the law from parents of private schooled, tutored, or homeschool children, it is appropriate to indicate the information request as “Optional.”
- Regarding NOI option (iii), the law states: “Any parent…may elect to provide home instruction…if he (iii) provides the child with a program of study or curriculum, which may be delivered through a correspondence course or distance learning program or in any other manner.”
- The Virginia Department of Education provides the following guidance for option (iii):
- “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.
- If the teaching 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.”
Get Involved! Sign up for HEAV Communications so you can stay up-to-date on HEAV’s efforts to protect your homeschool freedom.
Resources:
- HEAV Resource: Compliance Cautions
- HEAV Resource: Law Flowchart
- HEAV Resource: HEAV’s Notice of Intent to Provide Home Instruction Form (free for use)
- HEAV Resource: 7 Steps to Begin Homeschooling In Virginia
- HEAV Resource: NOI Options (iii) and (iv)
- HEAV Resource: Religious Exemption Information
- Virginia Code: 8VAC20-490-10, School Officials Familiarity with the Law
- Virginia Code: § 22.1-254, Compulsory Attendance Law
- Virginia Code: § 22.1-254.1, Home Instruction Law
- Virginia Code: § 22.1-254(B)(1), Religious Exemption Law
- Case Law: Supreme Court of Virginia, Sosebee v. Franklin County School Board
HEAV counselors are available should you have questions or need assistance. Please contact us at 804-278-9200 or via our contact form.
Patricia Beahr
HEAV Director of Government Relations
Giles County Religious Exemption
6/20/24
In Giles County, ALL families, including religiously exempt (RE) families, have received the district’s Notice of Intent to Provide Home Instruction form that incorrectly lists RE as a home instruction compliance option. Because home instruction and RE are two different laws with different statutory requirements, this communication has resulted in confusion and concern for families.
HEAV would like to encourage RE families to exercise caution when receiving communications such as this. If an RE family submits a NOI to homeschool, their compliance status may change from RE to home instruction, and they may be subject to the home instruction law requirements: annual NOI, description of curriculum, and proof of academic progress.
In addition to RE families, those under the Virginia-certified tutor/teacher statute—which differs from option (ii) “teacher of qualifications” of the home instruction statute—may face the same consequences should they complete an NOI form. HEAV recommends that you have a clear understanding of the laws and your current status before sending forms back to a district. We have included resources below to assist you.
HEAV has sent a letter to the Giles County School Board and superintendent expressing our concerns and communicating the negative consequences that may result from this form that is inconsistent with the law for RE and Virginia-certified tutor/teacher families. We will provide an update as soon as we have received a response from the district.
What You Should Know:
- Home instruction (§22.1-254.1) and religious exemption (§22.1-254(B)) are two different laws with different statutory requirements.
- Families utilizing a Virginia-certified tutor/teacher or those who have received an exemption do not operate under the home instruction law; therefore they should not submit a NOI form.
- Only those operating under the home instruction law (§22.1-254.1) are required to submit an annual notice of intent to homeschool.
- The law does not require parents to use district forms. District forms are often inconsistent with the law causing unnecessary challenges. HEAV encourages homeschool parents to use our NOI form which is consistent with the law, case law, and VDOE guidance. It is a linked resource below.
- Get involved! Stay up-to-date on our “District Watch” reports, legislative communications, news alerts, and more. Please be sure to sign up for HEAV email communications.
Resources:
Virginia Education Laws Flowchart
HEAV’s Notice of Intent to Provide Home Instruction Form
Religious Exemption Information
Information for School Personnel
2023 Letter to Superintendents
Compulsory Attendance Law: §22.1-254
Home Instruction Law: §22.1-254.1
Religious Exemption Law: §22.1-254.1(B)
HEAV counselors are available should you have questions or need assistance. Please contact us at 804-278-9200 or via our contact form.
Patricia Beahr
HEAV Director of Government Relations
Read more about school district incidents here.
HEAV counselors are available should you have questions or need assistance. Please contact us at 804-278-9200 or via our contact form.
Patricia Beahr
HEAV Director of Government Relations
Gloucester 6/5/24
HEAV reached out to Gloucester’s homeschool liaison regarding a miscommunication on a form letter relating to the evidence of progress requirement that had caused confusion. We are pleased to report the district promptly responded and has updated their acknowledgement form letter to clarify the evidence of progress requirement does not apply to children who were under the age of six as of September 30th of the school year.
HEAV is thankful to Gloucester for this positive resolution and their dedication to the law and to the families they serve.
What You Should Know:
- A miscommunication by the superintendent’s office relating to the requirements in the law may misguide school personnel and parents or cause confusion in regard to their legal obligations. Please contact HEAV anytime you have questions or need for clarification.
- Homeschool evidence of progress is referenced in subsection C of the homeschool law. The law states: “The requirements of this subsection shall not apply to children who are under the age of six as of September 30 of the school year.”
Resources:
HEAV Resource: HEAV Communications
HEAV Resource: Kindergarten Testing Requirement
HEAV Resource: Law Flowchart
HEAV Resource: Information For School Personnel
HEAV Resource: HEAV’s 2023 Letter to Superintendents
Compulsory Attendance Law: §22.1-254
Home Instruction Law: §22.1-254.1
Case Law: Virginia Supreme Court: Sosebee v. Franklin County School Board
VDOE Resource: VDOE 2023 Home Instruction Handbook
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