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.”

Your HEAV school board monitor team found several important concerns with the district’s religious exemption (RE) policy and regulation. These included a requirement for parents AND children, age 12 and older, to complete a “Religious Exemption Interview Form” and make an appointment to be interviewed in person by a public school district employee regarding the validity of their RE.

The regulation further placed authority into the hands of an employee to “evaluate if the requested exemption is due to bonafide religious training or belief” before it received “a recommendation” for submission to the school board by the superintendent.

Lastly, the district’s policy required parents who have already received an RE to resubmit an annual request to the superintendent or designee in order to renew the RE.

HEAV worked amicably with Alexandria’s attorney regarding these important concerns. After HEAV’s intervention, both the policy and the regulation have been revised to honor and protect the integrity and privacy of parents—and their minor children—seeking a religious exemption.

We are thankful to Alexandria’s attorney and school board for their attentive response and for this positive resolution.

What You Should Know:

• The law assigns this authority to the local school board—not the superintendent, designee, or other employee—to act on behalf of the state Board of Education in receiving and acknowledging a religious exemption.
• HEAV understands that religious exemption correspondence is personal, private, legal documentation. Only school board members should have access to religious exemption correspondence and discussion.

HEAV has worked with the division superintendent and homeschool liaison regarding website text that misrepresented a notice of intent to homeschool as an “application.” Additionally, we discussed the law and VDOE guidance in relation to NOI options (iii) and (iv).

We had a very pleasant and productive conversation with the superintendent and liaison. We are pleased to report all concerns have been resolved. HEAV is thankful to Lancaster for its prompt and courteous response and resolution of these concerns.

What You Should Know:

• The home instruction law states, “Any parent who elects to provide home instruction…shall…notify the division superintendent…of his intention to so instruct the child…” The law does not require parents to submit an “application.”
• The home instruction law allows all parents the opportunity to choose homeschooling for their children. Parents who possess a GED can notify the superintendent under either option (iii) or option (iv) in the home instruction law.
• As it relates to NOI option (iii), there are no Virginia statutory or regulatory requirements that govern a parent’s selection of a correspondence school or a distance learning program. As stated in the VDOE’s Home Instruction Handbook, “…no judgment of the materials is required of the school division superintendent.”

Resources:
HEAV Resource: HEAV Communications
HEAV Resource: Law Flowchart
HEAV Resource: Notifying With A GED
HEAV Resource: Homeschooling Mid-Year: Starting Immediately
HEAV Resource: “Approval” of NOI
Compulsory Attendance Law: §22.1-254
Home Instruction Law: §22.1-254.1
VDOE Resource: VDOE 2023 Home Instruction Handbook

Several school divisions across the Commonwealth have identified it is “prime time” to advertise its virtual public school option exclusively to homeschool families. In the coming months, you may receive letters, emails, or phone calls in relation to this effort.

Homeschool parents in Wise County have been sent a packet of information regarding the district’s virtual public school option. Although many homeschool parents express concern regarding such communications, there is nothing in the law to prevent public schools from advertising to homeschoolers in this way.

It is helpful to understand that school districts receive full funding for each student who attends their virtual program. We began to see an increase in these efforts following the shut downs in 2020 as many parents chose to continue homeschooling and districts lost funding as a result. School divisions continue to market these programs, specifically to homeschool parents, to persuade them to return to the government education system. Parents are not required to respond to these communications.

HEAV reached out to the homeschool liaison regarding information relating to the description of curriculum requirement, NOI option (iii), and compulsory attendance compliance options that were inconsistent with the law. HEAV is pleased to share that we have received a positive response, and we understand the information will be updated promptly.

HEAV would also like to share how pleased we are with the homeschool resources Spotsylvania provides to parents. In working intimately with 132 public school districts across the state, we find Spotsylvania to be an example of accuracy, thoroughness, and helpfulness. HEAV would like to thank Spotsylvania for the excellent work they are doing on behalf of the families they serve.

The district has now complied with the homeschool law! In January, we provided information and guidance relating to inconsistencies with the law on the district’s notice of intent form. As explained, we initially reached out to the district in July of 2023. After several follow up inquiries, in December, office personnel informed us the district would review and update their forms with a must-meet deadline of May 1, 2024.

Once HEAV advised the associate superintendent for student services of the situation, she promptly stepped in to address and resolve our concerns. We are pleased to report the district website now links to HEAV’s NOI form which is consistent with the law, case law, and VDOE guidance.

We are thankful to the associate superintendent for supporting Prince William homeschool families and providing this positive resolution.

What You Should Know:

• It is not uncommon for district resources to be inconsistent with the law. HEAV believes it is essential for each parent to know the law for themselves. HEAV’s website contains a wealth of information, and HEAV’s NOI form is consistent with the law, VDOE guidance, and case law.
• Parents are required to comply with the law. District policy, practices, and resources should be consistent with the law.
• Public school districts can not change or add to the law. In Sosebee vs. Franklin County, Chief Justice Donald W. Lemons states, “The power to amend statutes is the power to make law; that power rests squarely and solely with the General Assembly, not school boards.”
• Resources: HEAV Law Flowchart, §22.1-254, §22.1-254.1, HEAV’s Notice Of Intent Form, Birth Dates and Grade Levels On District NOI Forms, Notifying Under Option (iii), NOI Description of Curriculum, Virginia Supreme Court: Sosebee v. Franklin County School Board, VDOE 2023 Home Instruction Handbook, Information For School Personnel, HEAV’s 2023 Letter to Superintendents

A parent contacted HEAV after a school official indicated, at the end of the year, her child will need to be tested, “…on the subjects that he is taking this year.” After HEAV equipped the parent with accurate information and resources relating to the evidence of progress requirement in the law, she was able to resolve the confusion with the district.

What You Should Know:

• The law does not require parents to provide evidence of progress for every subject studied.
• Parents may choose from several evidence-of-progress options available in the law. These include various forms of achievement tests and evaluations or assessments.
• For the test option, the law requires, “…a composite score in or above the fourth stanine on any nationally normed standardized achievement test, or an equivalent score on the ACT, SAT, or PSAT test.”
• A composite score is usually made up of language arts and mathematics.
• References: HEAV Law Flowchart, HEAV Q&A: Evidence of Progress, HEAV Q&A: Composite Scores, Home Instruction Law