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. 

Washington County

Families received a form letter that included district requirements and requests inconsistent with the evidence of progress and deadline requirements found in the law. HEAV reached out to the assistant superintendent to clarify the homeschool statute, and we received a favorable response. The district has advised HEAV that it will work on adapting their paperwork to “meet the specific wording in the law.”

What You Should Know:

  • Public school districts may not add to the requirements of the law; only the state legislature can do so. ( (Reference: §22.1-254, §22.1-254.1, Sosebee v. Franklin County School Board)
  • The law requires, “…evidence that the child has attained a composite score in or above the fourth stanine…” A composite score represents the combined language and math portions of the test. (Reference: §22.1-254.1(C))
  • The law states that parents shall provide evidence of progress “by August 1.” (Reference: §22.1-254.1(C))
  • The law states that parents shall provide their notice of intent, “no later than August 15.” (Reference: §22.1-254.1(B))

 

We’d love to hear from you! If you have questions or need assistance, please contact us at 804-278-9200 or via our contact form.

~ Patricia Beahr, Assistant Director of Government Affairs

Caroline County

Some parents received a letter, dated June 15, 2023, that stated, “At this time our records show that you have not submitted the evidence of academic achievement for “child’s name.” The letter continues: “Failure to comply with this policy, could result in a hearing for truancy due to not submitting the appropriate document to be considered a homeschool student.” The letter further identified its requests as VDOE “requirements.”

After receiving several reports from concerned parents, HEAV reached out to the assistant superintendent and homeschool liaison regarding the letter’s content. We are pleased to report that we received a favorable response. Mr. Monroe has advised that they will review our feedback (see below) and revise the letter to ensure it meets all legal requirements.

What You Should Know:

  • August 1st is the statutory deadline for evidence of progress. District policy and implementation processes should be based on the law. (Reference: §22.1-254.1(C))
  • Truancy can not be assumed. There could be several valid reasons the district may not receive evidence of progress. These include: The age of the student (see below), the misplacement of correspondence by officials, a move out of the district, the student turning 18, the student graduating, or the parent deciding they will no longer homeschool.
  • The law provides a probationary option in the event that evidence of progress is not received as required. (Reference: §22.1-254.1(C))
  • Parents whose children were under the age of six as of September 30th of the school year are not required to submit evidence of progress. (Reference: §22.1-254.1(C))

 

We’d love to hear from you! If you have questions or need assistance, please contact us at 804-278-9200 or via our contact form.

~ Patricia Beahr, Assistant Director of Government Affairs

Mathews County

HEAV has addressed concerns regarding district correspondence that identified a notice of intent as a “request” that must be “approved.” We are pleased to share that our feedback was well received. The district has advised HEAV that Mathews will be reviewing all relevant documents and making adjustments as needed.

What You Should Know:

  • Public school districts do not have the statutory authority to approve a parent’s decision to enroll in a private school, hire a Virginia-certified tutor, or homeschool. (Reference: §22.1-254(A))
  • Under the homeschool statute, parents are required to notify the superintendent of their intent to homeschool. (Reference: §22.1-254.1(B))
  • The superintendent’s responsibility is to ensure parents have met the requirements of the homeschool law. (Reference: §22.1-254.1)
  • Districts may, but are not required to, send a letter to parents acknowledging receipt of their notice of intent.

 

We’d love to hear from you! If you have questions or need assistance, please contact us at 804-278-9200 or via our contact form.

~ Patricia Beahr, Assistant Director of Government Affairs

Wise County

A parent who had complied with the homeschool law received an unexpected home visit from two truancy officers, and we understand there are 14 other families on their list. There was no communication attempt prior to the visit, so the parent was not given an opportunity to resolve any concerns.

Because of the many variables that may be present for families that home educate, it is HEAV’s hope that home visits should not be pursued until less intrusive methods of resolution have been exhausted—a phone call, email, or letter to determine the status of the homeschool family. These are reasonable and respectful measures to take initially. In an effort to avoid further, unnecessary and uncomfortable home visits for Wise County home educators, HEAV has sent correspondence to the district to communicate our concerns and clarify the law. We are awaiting their response.

What You Should Know:

There could be several, valid reasons the district may not receive a notice of intent. Truancy should not be assumed.

  • Unfortunately, homeschool documentation may get lost or remain unprocessed in district offices. This is what happened in this situation. HEAV strongly encourages all parents to retain proof of the delivery of their homeschool documents—a certified/return receipt if mailed or a date stamp and initials if hand-delivered.
  • The law does not require parents to notify if they move out of the district, if they switch from home instruction to a private school or hire a certified tutor, or if their student is no longer under compulsory attendance laws (i.e. has graduated or turned 18).

Parents may notify the district as a courtesy, but it is not required. Home visits, especially those that are made unnecessarily or in error, can be very stressful for parents and children. Remember, parents are not required to let anyone into their home without a search warrant.

Read more about school district incidents here.

We’d love to hear from you! If you have questions or need assistance, please contact us at 804-278-9200 or via our contact form. ~ Patricia Beahr, Assistant Director of Government Affairs

Fairfax

A parent correctly submitted documentation to be recognized as a Virginia Certified Tutor under compulsory attendance law, §22.1-254(A); however, Fairfax incorrectly processed the parent’s submission as a notice of intent to homeschool.

HEAV worked diligently with two superintendent liaisons, providing thorough and detailed information and resources on the law and its implementation. Following these efforts, the parent was sent a letter acknowledging her Virginia Certified Tutor status.

While working with one of the liaisons, HEAV was advised that this was a “new process” for Fairfax, indicating that other certified teachers may also be affected by this error.

What You Should Know:

  • The Virginia Certified Tutor statute is a filing option in the compulsory attendance law available to Virginia-certified teachers. (Reference: §22.1-254(A))
  • The individual may be a parent or non-parent who holds a current Virginia teaching license.
  • The individual submits a copy of their teaching credential to the district superintendent with a cover letter stating they are complying with the Virginia Certified Tutor statute as referenced in §22.1-254(A).
  • Acknowledgement of the teaching certificate or license is required by the superintendent.
  • Once acknowledged, the individual may teach their own children or can be hired to teach other children.
  • When the tutor or teacher’s certification is renewed, it must again be submitted to the superintendent to continue operating as a Virginia Certified Tutor under §22.1-254(A)
  • Virginia certified tutors are not under the homeschool statute and are not required to comply with the homeschool statute by sending yearly notifications and evidence of progress.

Read more about school district incidents here.

We’d love to hear from you! If you have questions or need assistance, please contact us at 804-278-9200 or via our contact form. ~ Patricia Beahr, Assistant Director of Government Affairs

Lynchburg City

HEAV has resolved the district requiring a child’s gender, race, Hispanic status, date of birth, and grade as well as the difficulty experienced in delivering NOIs by the August 15 deadline. We are pleased to share that positive progress has also been made in these additional areas:

Revised Status of Home Instruction Form:

  • Text indicating an inaccurate requirement that parents must possess a “degree from an accredited institution” will be edited to ensure consistency with the law.
  • The form will be edited to ensure the description of curriculum text is consistent with the law.
  • The Virginia Certified Tutor checkbox will be removed from their form as it is a different law with different legal requirements from the homeschool law.
  • Because public school districts do not keep scholastic records of homeschool students, the following text will be removed: “The items checked below have been received by Lynchburg City Schools and will become a part of your child(ren)’s scholastic record.”

Revised District NOI Form:

  • The following fields will be indicated as optional: gender, race, Hispanic status, date of birth, grade, current school or enrollment, and questions regarding special education services eligibility.
  • The form will be edited to ensure the description of curriculum text is consistent with the law.

HEAV appreciates Lynchburg’s commitment to the Virginia Code and the parents it serves as well as its diligent efforts to promptly and correctly resolve parent concerns.

Read more about school district incidents here.

We’d love to hear from you! If you have questions or need assistance, please contact us at 804-278-9200 or via our contact form. ~ Patricia Beahr, Assistant Director of Government Affairs

We’d love to hear from you! If you have questions or need assistance, please contact us at 804-278-9200 or via our contact form. ~ Patricia Beahr, Assistant Director of Government Affairs