Information for School Personnel

August, 17, 2022

Dear Superintendent,

As an introduction, Home Educators Association of Virginia (HEAV) is a state-wide homeschool organization that has supported homeschool families since 1983. We work closely with our state legislators, the Virginia Department of Education, district representatives, and homeschool parents to provide accurate information regarding the homeschool law, the certified tutor statute, delayed enrollment, and religious exemption. We are listed in the VDOE Home Instruction Handbook as a resource, and we invite you to visit our website at www.heav.org for more information on our organization.

I am writing to request your assistance directly and to ask you to forward the information below to the appropriate homeschool designee and staff.

Each year, HEAV receives thousands of inquiries from parents who seek to resolve issues in their respective districts. We believe these situations can be resolved with a clear understanding of the compulsory attendance and homeschool laws. We would like to help ensure compliance with the law and eliminate unnecessary emails and lengthy phone calls for your district representatives and parents.

Below you will find a list of the issues most frequently reported. I hope this information will be helpful.

Issues Related to the Homeschool Law

• Notification: The statute requires parents to annually notify the superintendent by August 15 of their intent to provide home instruction, and to provide evidence of how they have complied with the law. The statute does not require parents to ask permission to homeschool. Terms used by district representatives that commonly create confusion include homeschool application, approval, request, and registration. (Reference: §22.1-254.1.(B))
• Requiring personal information on printable and online forms: District requirements for personal 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 Virginia Supreme Court. Only the state legislature can add requirements to the law. (Reference: Sosebee v. Franklin County School Board)
• Homeschool graduation and diplomas: As with private schools and certified tutors, districts do not have statutory authority to verify completion of a homeschool course of study; this is the responsibility of the homeschool parent or the program that issues the diploma. Parents are not required to provide a copy of their student’s transcript and/or diploma to their district to indicate graduation. (Reference: §22.1-254.1)
• Homeschool graduation and evidence of progress: When a home-educated student reaches the age of eighteen or when the student graduates, the student is no longer under compulsory attendance laws. Therefore, evidence of progress is no longer required. (Reference: §22.1-254.(A))
• Responsibility of processing correspondence:
  • The statute assigns the superintendent or his designee the responsibility of processing homeschool correspondence—such as notice of intent forms and evidence of progress—not the school board. (Reference: §22.1-254.1.(B))
  • School boards, however, are responsible for acknowledging religious exemption correspondence. This private, legal information should be processed in a closed board session and should not be included in public records. The superintendent or designee should not be the intermediary between parents and the board regarding religious exemption. (Reference: §22.1-254.(B)(1))
• Notification of tests: Districts must notify parents of the availability of AP, PSAT, ACT, and Pre-ACT tests, as well as of the availability of financial assistance related to these examinations. (Ref. §22.1-254.1(F))
• JROTC for homeschoolers: Public high schools that offer JROTC must include qualified homeschool students in their JROTC programs. (Reference: HR 2500 (116th): National Defense Authorization Act for Fiscal Year 2020)

Confusion Related to Certified Teacher Options

• The Code of Virginia provides two separate options for individuals who hold a Virginia teaching license.
  • The Virginia Certified Tutor statute, §22.1-254:
    The Virginia certified tutor option is under the compulsory attendance statute.
  • A teacher who holds a current Virginia teaching license must submit their teaching credential to the district superintendent, who verifies it is current.
  • A certified tutor may teach his or her own children or the children of another parent.
  • After verification, the teacher/tutor will submit a new credential when he or she is recertified.
  • As in the case of parents who choose private school, certified teachers who use this option are not required to provide personal information regarding the children they teach.
  • They are not required to report to public school districts annually or provide evidence of progress.
• The Virginia Homeschool Statute §22.1-254.1:
  • The statute provides four ways a parent can comply with the homeschool law.
  • Option (ii) allows a parent to homeschool if he or she holds a current Virginia teaching license.
  • The parent may only teach his or her own children.
  • The certified teacher/parent must comply with homeschool laws in the same manner as all homeschool parents including annual notification and evidence of academic progress.

Note: HEAV encourages parents who hold a Virginia teaching license to clearly indicate the statute with which they are complying: the certified tutor statute under compulsory attendance (§22.1-254) or the homeschool statute under option (ii) (§22.1-254.1).

Privacy Concerns Regarding Homeschool and Religious Exemption Families

• The personal information on homeschool notice of intent forms or letters and on religious exemption documents cannot be disclosed to the public, the media, or other districts without the written consent of a student’s parent. (Reference: §22.1-254.1(G))
• The division superintendent may notify Virginia’s superintendent of public instruction of the number of students in the school division receiving home instruction. (Reference: §22.1-254.1(G))
  It is my hope that this review will be a helpful reference to ensure district practices are consistent with Virginia’s homeschool laws.

Thank you for working with the homeschool parents in your district. I am available to receive your questions and feedback by phone or the email below.

With kind regards,

Yvonne Bunn
Director of Homeschool Support & Government Affairs
Home Educators Association of Virginia
support@heav.org

P.S. Please visit HEAV’s new School Personnel webpage to view previous superintendent’s letters and to access resources specifically related to the implementation of homeschool laws.