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. 

New Kent County 12/16/24

Several parents contacted HEAV with concerns relating to the district’s implementation of the home instruction and Virginia-certified tutor laws. These concerns included a request to provide standardized test scores on an evaluation,
  • a requirement to provide Evidence of Progress (EOP) unless the child was “5 years old,”
  • requests for parents to resubmit their Notice of Intent (NOI) using the district’s form that included fields for the child’s date of birth and grade level and contained evidentiary requirements inconsistent with the law and VDOE guidance,
  • and the incorrect processing of Virginia-certified tutor submissions.
New Kent’s superintendent promptly responded to our concerns, and we are pleased to report the district has advised they will be working on making the needed changes immediately. The superintendent also expressed that he valued the partnership with HEAV and appreciated our correspondence. We are thankful to New Kent for this positive response and its dedication to the law and homeschool families.

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.

What You Should Know:

  • The home instruction law provides several EOP options for parents to choose from. The law requires parents to comply with only one of these options.
  • 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.
  • The home instruction 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.
  • The VDOE’s Home Instruction Handbook provides the following evidentiary guidance for processing option (iii) notifications:
    • “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.” (emphasis added)
    • If the 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.” (emphasis added)
  • 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.
  • Individuals with a current Virginia teaching license may either file to be recognized as a Virginia-certified tutor or teacher under the compulsory attendance law or comply with Notice of Intent option (ii) in the home instruction 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.

‌Read more about school district incidents here.

Patricia Beahr
HEAV Director of Government Relations

Fauquier County 12/16/24

Several parents contacted HEAV to advise that their Notice of Intent was returned to them with a request to use the district’s Notice of Intent (NOI) form. Parents were further concerned that the district’s NOI form required the child’s date of birth and grade level and the parent’s email address and phone number. Additionally, the form cited the incorrect ages to which compulsory attendance law applies. Having addressed similar privacy concerns in August of 2023, HEAV reached out to the superintendent’s office with official correspondence.

HEAV is pleased to report that positive change has been made for homeschool families. The district now links to HEAV’s NOI form—a form that is consistent with the law, case law, and VDOE guidance. Additionally, the district indicated that it will endeavor to be clearer in its correspondence so parents do not feel compelled to comply with public school office preferences over the Virginia Code. HEAV is thankful to Fauquier for these positive changes.

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.

What You Should Know:

    • 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.
    • Requirements for information beyond a child’s name, address, and age as of September 30 of the school year are inconsistent with the law.
    • The homeschool law does not require parents to use a specific form (paper or online). It also does not prescribe a particular delivery method for homeschool correspondence. Parents may, for example, write a letter to notify their superintendent and send correspondence through certified mail.
    • The Notice of Intent is a legal document. It cannot be rejected on the basis of a local public school district’s office preferences.
    • 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.

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

Hampton County 5/26/24

Your HEAV School Board Monitor Team identified several concerns included in Hampton policy IHBG Home Instruction. Most concerning, if a parent disagreed with a superintendent’s decision, the policy required an appeal to be made to the superintendent instead of an independent hearing officer, as the law prescribes. This policy, effectively, required the superintendent to initiate proceedings against himself. For decades, the law has protected parents from such circumstances. Additional concerns found in the policy included requirements to provide personal information beyond the law and to adhere to a particular notification format and a deviation from the statutory Notice of Intent (NOI) deadline.

After working with Hampton’s school board and Executive Director of Student Support, HEAV is pleased to report that policy IHBG Home Instruction has been revised and is now consistent with the law. HEAV is thankful to Hampton County for this positive resolution.

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.

What You Should Know:

  • 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 does not require parents to comply with a local public school office’s processing preferences including preferred submission dates, submission formats, or delivery methods.
  • Parents are required to comply with the statutory deadlines indicated in the home instruction law, not the deadline preferences of their local public school office.
  • party aggrieved by a decision of the division superintendent may appeal his decision within 30 days to an independent hearing officer. The independent hearing officer shall be chosen from the list maintained by the Executive Secretary of the Supreme Court for hearing appeals of the placements of children with disabilities” (emphasis added).

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

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.

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.

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

‌Read more about school district incidents here.

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.

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

‌Read more about school district incidents here.

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.

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.

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 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.

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.

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 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.