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

A parent reported to HEAV that, after ten documented attempts and a direct inquiry from the board of supervisors, all sent to the high school program coordinator and principal, they received a response and were provided access to the PSAT for their child.

To help ensure homeschool parents are able to access AP, PSAT/NMSQT and PreACT examinations and financial assistance options, HEAV reached out to the superintendent and school board regarding these statutory requirements.

HEAV received a prompt and courteous response from the assistant superintendent for student services and post-secondary success who supervises this area. She provided the information HEAV shared to all high school-level associates to ensure all schools have a better understanding of the requirements and expected customer service for these requests. HEAV is thankful to Prince William for this positive resolution.

What You Should Know:

• It is important for parents to be aware of the law and testing dates. It is important to prepare and make arrangements as early as possible to ensure the process goes smoothly. (See HEAV article linked below for further guidance)
• Districts have policies in place that will provide guidance to parents on the process for obtaining access to these tests. You may find these policies on the district’s website.
• The law states: “School boards shall make Advanced Placement (AP), Preliminary SAT/National Merit Scholarship Qualifying Test (PSAT/NMSQT), and PreACT examinations available to students receiving home instruction pursuant to this section. School boards shall adopt written policies that specify the date by which such students shall register to participate in such examinations. School boards shall notify such students and their parents of such registration deadline and the availability of financial assistance to low-income and needy students to take such examinations.”
• Reference: §22.1-254.1(F), HEAV Article: CLT, PSAT, AP, and SAT, College Board

A parent, who correctly notified under option (iv), was asked to provide a copy of her high school diploma instead of the required “evidence that he is able to provide an adequate education for the child.”

HEAV contacted the homeschool liaison to explain the four NOI options in the law as well as their associated evidentiary requirements. Once the law was clarified, Halifax promptly processed the parent’s NOI.

What You Should Know:

• All parents can homeschool under one of the four notice of intent options provided in the law.
• The homeschool law provides two choices for parents without a high school diploma and those with a GED: options (iii) and (iv).
• The common and historical practice regarding the evidentiary requirement for option (iv) is to submitevidentiary requirement for option (iv) is a well-written letter that demonstrates the parent’s ability “to provide an adequate education for the child.”
• Only parents who notify under option (i) must provide evidence that they hold a high school diploma.
• References: §22.1254.1(A), HEAV Q&A – No Diploma: Options 3 and 4, HEAV Q&A – Homeschool Option 4

HEAV received three recent reports from parents who were asked to submit a lesson plan detailing the official homeschool activity they were there for in order to receive their free parking pass. The reports are related to the same state park.
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As this special request is not included in park policy, HEAV reached out to Virginia State Parks Visitor Services Director Nancy Heltman for clarification. Ms. Heltman confirmed no changes have been made regarding this courtesy to homeschoolers or to the policy. She advised that this seems to be an ongoing misunderstanding of policy and homeschooling that is occuring at one particular park and, possibly, with one individual. She will contact the park manager to clarify the policy and ensure it is implemented correctly by park representatives.
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If a special request is made of a homeschool parent, Ms. Heltman advises to ask the park representative to indicate where, in the park policy, the special request is found. You may wish to print out the pertinent information from this page to keep in your car: Parking Fees

After a parent declined a homeschool liaison’s request indicating they “typically require” a date of birth on a NOI, she received a letter indicating that she was approved to homeschool. Additionally, the letter referred to the NOI as an “application” and referenced religious exemption as a process relating to the homeschool law.
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HEAV reached out to the superintendent and the homeschool liaison to clarify the differences between the home instruction and religious exemption laws and requirements. The superintendent provided a prompt and courteous response to thank us for sharing the information and ensure they will make the necessary changes to their processes moving forward. HEAV is thankful to Giles County for this positive resolution.
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What You Should Know:

• In 2020, the Virginia Supreme Court reaffirmed that public school districts may not add to the requirements of the law; only the state legislature can do so. The law does not require parents to provide information that goes beyond what the statute requires.
• 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. 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.
• Home Instruction is a way to comply with compulsory attendance law whereas religious exemption is an exemption from compulsory attendance law. These are different laws with different legal requirements.
  The law assigns to the school board, not the superintendent, the responsibility of processing a religious exemption from compulsory attendance.

Reference: (§22.1-254 §22. -254(A), §22.1-254(B)(1), §22.1-254.1, §22.1-254.1(B), Sosebee v. Franklin County School Board, HEAV article Religious Exemption Demystified)
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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
Assistant Director of Government Affairs