Beginning After the August 15th Deadline

Basic Info | How to Begin

August 15—D-Day for filing your “Notice of Intent to Provide Home Instruction.”  What can you do if you missed the deadline? Maybe you didn’t even know there was a deadline! Do you have to wait another year to begin?

Or what if you move to Virginia after school starts and you want to homeschool? Or maybe you decide to begin homeschooling in the middle of the year? The fact is—you want to begin homeschooling…now. What should you do? What can you do?

BE PREPARED
No matter what the circumstances, get complete and accurate information about all homeschooling options before you contact local officials. Local school divisions will gladly give you information, but may add policies beyond the requirements of the law, or be unfamiliar with recent legislative changes. By being well informed, you’ll know what to expect and be better prepared to make important decisions.

SO LET’S BEGIN!
Virginia statute §22.1-254.1 (B) states:* “Any parent who moves into a school division or begins home instruction after the school year has begun shall notify the division superintendent of his intentions to provide home instruction as soon as practicable and shall thereafter comply with the requirements of this section within thirty days of such notice.”

NEW SCHOOL DIVISION RESIDENTS
If you’re a new Virginia resident, or you’ve moved within the state from one school district to another, and wish to educate your child(ren) under Virginia’s homeschool statute, you must comply with Virginia statute §22.1-254.1. Inform your local division superintendent that you are in his district. You may contact the superintendent’s office by phone, letter, or by filing a preliminary “Notice of Intent to Provide Home Instruction” form. (The Notice of Intent form can be downloaded from the law section at www.heav.org.) You then have thirty days to complete the requirements and fully comply with homeschool statute §22.1-254.1.

CURRENT RESIDENTS
Virginia parents who decide to homeschool after the August 15 deadline may also begin midyear. According to the language in §22.1-154.1 (B) above, parents are allowed to begin homeschooling after the school year has begun. Parents should follow the same procedures as those for new residents.

However, this does not mean that parents who already teach at home can be lax about the yearly deadline. It clearly refers to parents who begin to homeschool for the first time after the school year has begun. The deadline can be enforced if a parent willingly avoids or carelessly neglects to notify the division superintendent by August 15.

WITHDRAWAL FROM PUBLIC SCHOOL
If you plan to withdraw your child from public school in order to begin homeschooling, it is helpful to understand the homeschool statute before proceeding. It is recommended that you file your “Notice of Intent” with your local school superintendent, in accordance with Virginia Code 22.1-254.1, before giving notice of withdrawal from school. Withdrawal before notifying the superintendent could result in a truancy investigation. Truancy charges can include fines up to $100 per day and six months in jail.

If your initial “Notice of Intent” to the superintendent does not include complete information because you are making final curriculum plans, you have 30 days from the initial notice to complete the requirements and fully comply with the law. However, once notice has been given in compliance with the statute, the family should be considered legal homeschoolers.

As a homeschooling parent, you are not applying for permission or seeking approval, but simply notifying the superintendent’s office of your intent to provide for your child’s education in a manner already approved by the Virginia General Assembly. The law does not require a parent to wait for “approval” from the division superintendent before withdrawing a student from a conventional school.

Here’s what you need to do:

1.      Know the law! This is a critical step in the withdrawal process. When you know the law, you will have confidence when notifying your division superintendent. Visit the law section of the HEAV website (http://www.heav.org/thelaw/index.html) for complete information, links to the actual statute, and tips on what you need to know. For a comprehensive overview, be sure to view the Law Flowchart (http://heav.org/thelaw/valaw/flow1.html). 

 2.    Contact a local support group in your area. HEAV networks with more than 220 support groups throughout the state. You can find a list of groups and contact information at www.heav.org under “Support.“ A local support group is familiar with the homeschool climate in your area and can usually tell you what to expect. Experienced parents in the group can also offer encouragement as you get started.

 3.      Notify your division superintendent. There are two ways to do this:

  • Write a letter to the school superintendent notifying him of your intent to homeschool, or
  • Send a completed “Notice of Intent to Provide Home Instruction” form. This form is available from the HEAV website at http://heav.org/thelaw/intent/index.html, the HEAV office, the Virginia Homeschool Manual, or from your local division superintendent’s office.

 4.      Submit a letter or the completed form and (choose one):

  • Show evidence of a high school diploma (attach a copy of your diploma or transcript, or higher degree), or
  • Submit your Virginia teacher certification, (attach documentation) or
  • Provide evidence of acceptance by an approved correspondence course (attach receipt for payment or confirmation letter), or
  • Provide a curriculum that is consistent with the Standards of Learning Objectives (SOLs) for language arts and mathematics or
  • that you are able to provide an adequate education for your child. (SOLs and details concerning all options listed above are available at www.heav.org under “The Law.”)

 5.   Include a description of your curriculum. The law requires limited documentation of curriculum—just a description. To comply, you could write a brief description of what you intend to study during the year, or you could attach a list of subjects to be taught and the textbook titles. Your curriculum is not evaluated or approved by the superintendent; your description merely shows that a curriculum is in place

WHAT HAPPENS WHEN SOMETHING GOES WRONG?
If for some reason the superintendent responds negatively,

  • Respectfully ask him to put his decision and/or requirements in writing and to mail you a copy,
  • Discuss the requirements of the law with experienced homeschoolers, give our office a call (804-278-9200), and/or seek legal counsel, and
  • If all else fails, within thirty days you may appeal his decision before an independent hearing officer. The cost of the hearing will be apportioned by the hearing officer based on his findings. Never ignore official correspondence or telephone calls.

KNOW THE LAW, KNOW YOUR RIGHTS
It is important for you and your child to begin your homeschooling experience on a positive note. Know the law. Know your rights as a parent. Know what to do and how to prepare for success. Virginia does not have onerous laws. Meet the requirements, and you can homeschool…now!

*If this statute cannot accommodate your religious convictions, please contact the HEAV office or read related articles in the Virginia Homeschool Manual for more information.

[Nothing in this article should be construed as legal advice. The purpose of this article is to inform interested parents of options under the Virginia statute.]