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. 

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.

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.

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.

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

Read more about school district incidents here.

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.”

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.

Alexandria 6/5/24

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 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.

Lancaster County 6/5/24

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

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.

Virtual School Targeting 5/22/24

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.

What You Should Know:
This practice began following the 2020 public school shutdowns as many families found home education the best choice for their children. As a result, public schools continue to experience loss of funding. Since funding is a primary concern, it is helpful to know each virtual public school student provides the division with full ADM funds.

Homeschool parents across the state continue to express concerns about this ongoing practice. HEAV would like to assure parents that, although there is nothing in the law to prevent public school districts from marketing their programs to homeschoolers, a response to these communications is not required.

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.