West Virginia Homeschool Law

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West Virginia Homeschool Law
An Explanation

Compulsory Attendance: West Virginia Code 18-8-1(a) states:

Compulsory school attendance shall begin with the school year in which the sixth birthday is reached prior to the first day of September or upon enrolling in a publicly supported kindergarten program and continue to the sixteenth birthday.

West Virginia Code 18-8-1 subsection (c) contains two subdivisions that allow for “home instruction.” Under subdivision (1), the approval option, the county superintendent and school board must approve a “request for home instruction;” each county determines its own guidelines for homeschool approval and reporting (see below for more details). In subdivision (2) -- the notice of intent option -- the law specifies what a family must do to homeschool. It also requires that a superintendent must obtain an order from the circuit court to stop a family from homeschooling, which means that the superintendent must have proof that a child’s education is being neglected.

Notice of intent option -- subdivision (2) – requires the person providing home instruction to:

1) file a notice of intent to homeschool annually with the county board of education. The notice must include the name, age, grade level, and address of the children to be instructed.

2) submit evidence of the instructor’s high school diploma or equivalent.

3) outline a plan of instruction.

4) submit an assessment each year by June 30. Assessment options include:

a) any nationally normed, standardized achievement test

in reading, language, math, science, and social studies.
administered under standardized conditions according to publisher’s instructions. (WVHEA’s testing service is authorized by the publisher, McGraw-Hill, and has been approved by the West Virginia Department of Education.)
may NOT be administered by the parents.
must have been published within the previous 10 years.
criteria for acceptable progress can be met in one of two ways:
Mean percentile score is equal to or greater than 50.

Mean percentile score is less than 50, but shows improvement from previous year. WVDE agrees that improvement can be shown by a 1% increase in percentile score (as per ESEA – No Child Left Behind Act) or an increase in the scale score in the same test series (CTB/McGraw-Hill).

b) participation in the testing program in the public schools. Criteria for progress is determined by current state guidelines for school testing programs. Parents should notify the county superintendent's office as early as possible if they plan to use this option to ensure space and materials will be available.

c) a portfolio of samples of the child’s work reviewed by a certified teacher. The portfolio itself is not “turned in” to any county official. The parent submits a narrative signed by the reviewer stating whether the child’s progress is in accordance with his/her abilities. The narrative must include a statement about the child’s progress in reading, language, mathematics, science, and social studies and note areas, if any, which show need for improvement or remediation.

d) an alternative academic assessment agreed upon by the parent and the county. Possibilities include grades and evaluations from a correspondence school or video curriculum; results of a developmentally appropriate skills test or professional assessment; evaluation through a program for special needs; a daily log of instruction; a standardized test administered with modifications to published instructions such as extended time limits or reading done by the test administrator. If you have some other idea, check with your superintendent when you submit your notice of intent and see what can be worked out.

5) initiate a remedial program if the student does not demonstrate acceptable yearly progress (AYP).

a. After the 1st year that AYP is not achieved, the county board must notify parents in writing of the services available to determine whether the child is eligible for special education services. Parents are not required to use such services nor will the identification of a disability preclude the continuation of homeschooling.

b. After the 2nd consecutive year that AYP is not achieved, parents must provide evidence that appropriate instruction is being provided. This does not give the superintendent or the school board the power to approve or disapprove the home instruction.

Approval option -- subdivision (1) – specifies that:

1) the county board of education and the county superintendent approve the home instruction program, including the instructor and the place where the instruction takes place.

2) the county board may deny someone the right to homeschool. The board must furnish good and reasonable justification in writing when it denies a request to homeschool.

3) the length of the school year must equal the school term of the county.

4) the county superintendent may request that information and records related to instruction, progress of the student, and attendance be submitted to the county board.

Subdivision (3) applies to both subdivision (1) and (2) and requires the county to:

1) provide textbooks, resources, and other teaching materials at the request of the instructor.

2) allow homeschooled children to attend classes at the local public school, if the instructor requests it, subject to availability and normal registration.
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This summary is intended as a guide and not legal advice. Check for updates regularly.