A concerned parent contacted HEAV after she was advised by elementary school leadership that her child would remain enrolled and be counted absent until approval had been granted for her to homeschool. Further, the parent was told that she must read and complete “the (district’s) homeschool form per VA Homeschool laws,” and it could then be returned to the elementary school representative for processing.

After reviewing the written correspondence the parent received from school personnel, HEAV provided the parent with accurate statute information and references. Using the tools HEAV provided, the parent was able to resolve the concerns without further escalation.

Please contact HEAV for accurate information regarding the homeschool law and its application.

What You Should Know:

• The law does not indicate public school districts have the statutory authority to approve a parent’s decision to enroll in a private school, hire a Virginia-certified tutor, or homeschool. Under the homeschool statute, parents are required to notify the superintendent of their intent to homeschool, not seek approval.
• Once the parent notifies the district of their intent to homeschool, in most cases they may withdraw their child immediately and “…shall thereafter comply with the requirements of this section within 30 days of such notice.”
• The superintendent is responsible for processing the NOI and updating public school systems accordingly. 
• The law requires parents to send legal homeschool documentation to the superintendent. Local school personnel should not request or receive these legal documents from parents.
• Parents may choose to submit their notice to homeschool by using a prepared form that is consistent with the law and VDOE guidance (like HEAV’s), or they may wish to send a letter to notify.
• The 2020 Virginia Supreme Court in Sosebee v. Franklin County School Board concluded school districts cannot add requirements to the law; only the state legislature can do so.
• Reference: §22.1-254, §22.1-254.1, Sosebee v. Franklin County School Board, HEAV Article: Immediate Withdrawal, HEAV’s Notice of Intent Form

A parent who received an unexpected home visit by district officials was surprised to learn the office did not have her homeschool documentation on record. The parent was not contacted prior to the home visit. Having learned 14 other families may have a similar experience, the parent contacted HEAV for guidance.

HEAV reached out to the superintendent immediately and, upon speaking with an attendance officer, learned that homeschooling, religious exemption, and truancy were being managed by a new group of individuals who were in the process of learning about the laws. HEAV provided guidance and resources and explained that, because of the many variables present for families that home educate, home visits should not be pursued until less intrusive methods of resolution have been exhausted (a phone call, email, and/or letter). The attendance officer advised HEAV that he would consult with the team to ensure home visits are not the first means of contact.

After 10 months of diligent effort, we regret to report the school board has decided not to align a specific policy with the compulsory attendance and homeschool laws. If enforced, their policy will have a negative impact on homeschool families.

HEAV has expressed our disappointment with the school board and their attorney. We are hopeful that, as public servants, Montgomery’s leadership will reevaluate our documented concerns and do the right thing for the families they serve.

Remaining Policy and NOI Concerns:

• Policy 7-2.1 requires, at a minimum, the child’s date of birth, a list of subjects to be taught and at what grade level, the names/agency providing the instruction, and a description of curriculum that is not limited to a list of subjects (also required on the NOI form).
• The policy also describes home instruction as an exemption from school. If the school board chooses to release the homeschool student from school, parents must submit a new exemption request annually, in writing, to the superintendent, to continue homeschooling.

A Virginia Certified Tutor received a letter from the office manager indicating a deadline to comply with the home instruction law. Upon further review, HEAV found the tutor’s acknowledgment letter included language and statutory requirements found only in the home instruction law, although it cited the correct Virginia Certified Tutor statute. Additionally, the acknowledgment letter did not include a reference to the superintendent’s approval – a requirement for Virginia Certified Tutors.

HEAV contacted the district to provide detailed information about the differences between the Virginia Certified Tutor and home instruction laws.  The district advised they would make revisions, they would contact the representative at the VDOE, who had misinformed them regarding the law.

HEAV appreciates Clarke County’s commitment to the Virginia Code as well as the example they are to Virginia districts in providing such a positive, prompt, and effective response.

What You Should Know:

• The Virginia Certified Tutor and Home Instruction statutes are two different laws with different legal requirements. It is helpful to clearly reference the proper statute.
• The law requires approval by the superintendent to operate as a Virginia Certified Tutor.
• To become a Virginia Certified Tutor, the individual submits their teaching credentials to the superintendent. Once the superintendent verifies the credentials, they send a letter to the tutor which may be presented to parents who wish to hire them in accordance with §22.1-254(A). It is common practice for a tutor to teach their own children or other parent’s children under this law. When a tutor is recertified, they may resubmit their credentials to maintain their tutor status.
• The Virginia Certified Tutor statute does not require annual notifications, assessments, or the personal data of the children they are teaching. 
• Reference: Tutor statute – §22.1-254(A), HEAV article – Certified Tutor Option, 2023 Letter to Superintendents

A parent was told to complete the “official” NOI form before the district would send out a confirmation letter. The district further represented home instruction as a “request” that parents make to public school districts.

To ensure the law is correctly communicated to parents, HEAV reached out to the student services supervisor to provide clarity on these points. The supervisor thanked HEAV for the information and advised that they would reach out to us should they need further assistance.

What You Should Know:

• The law does not require parents to use district forms or provide information that goes beyond what the statute requires.
• There is no “official” notice of intent form. Parents may want to write a simple letter, or they may provide a notice using a prepared form, preferable one that is in agreement with the law and VDOE guidance (see HEAV’s NOI form linked below).
• The term “request” is inconsistent with the law, and its use may misguide parents regarding direction given in the statute. The law does not give public school districts the statutory authority to approve a parent’s decision to enroll in a private school, hire a Virginia-certified tutor, or homeschool.
• Under the homeschool statute, parents are required to notify the superintendent of their intent to homeschool. The superintendent’s responsibility is to ensure parents have met the requirements of the homeschool law. It is common practice for districts to send a letter to parents acknowledging receipt of their notice of intent, but the law does not require them to do so.
• Reference: Related statutes – §22.1-254(A), §22.1-254.1, HEAV’s NOI form – Notice of Intent to Provide Home Instruction, Virginia Supreme Court (case law) – Sosebee v Franklin County

The district’s notice-of-intent form included a checkbox option that was inconsistent with the law stating, “I have hired a certified tutor to provide a program of study. Attached is a copy of the teaching license and a list of subjects to be studied for the upcoming school year.” Additionally, the evidentiary requirements included under NOI option (iii) were limited to “a notice of acceptance or other evidence of enrollment showing the name and address of the school…”

After reaching out to the homeschool liaison, HEAV received an immediate response from the coordinator of the student services office and former homeschool director. Having worked with HEAV in reviewing the Virginia Certified Tutor law and option (iii) in the home instruction law, the district promptly revised the NOI to ensure it was in agreement with the law.

We thank Virginia Beach for their top-notch public service, quick responses, effective resolutions, and for the example they are to districts around the state.

What You Should Know:

• The Virginia Certified Tutor law is a different law from option (ii) of the home instruction law; they are not interchangeable.
• Virginia Certified Tutor: Like parents of private schooled students, parents who hire a tutor or who are a tutor and comply with the tutor statute (not the homeschool statute) do not report to their local public school district.
• Homeschool NOI Option (iii): The law states a program of study or curriculum, “…may be delivered through a correspondence course or distance learning program or in any other manner.” The VDOE provides guidance for districts regarding the evidentiary options available to parents under option (iii).
• Reference: 2023 HEAV Letter to Superintendents, HEAV Article Virginia Certified Tutor Option, Home Instruction statute, option (iii) (§22.1- 254.1(A)(iii)), VDOE Home Instruction Handbook, p.5

Parents may experience the effects of an on-going, state-wide crack down on chronic absenteeism within the public school system.

What You Should Know:

• HEAV recommends parents not ignore mailed letters, emails, or phone calls from your district. When responding, it is best to document all correspondence with the district in writing.
• For the sake of safety, know that no one is required to invite a social worker or school truancy officer into their home without a warrant.
• The law does not require districts to provide a letter acknowledging receipt of a notice of intent or evidence of progress. Parents should, however, keep a copy of their notice of intent and evidence of progress that was sent to the district office, along with proof of their receipt (certified mail receipt, email time-date signature, fax confirmation, signature for hand-delivered documents).
• Should a district representative contact you, you are then able to provide your proof of compliance, as noted above.
• References: Statutory requirements for home instruction (§22.1-254.1), Statutory duties of attendance officer (§22.1-261), The ALL IN VA plan memo