Notice of Intent: NOIng the Basics

by Ellen Neal
This article originally appeared in the July/August 1998 issue of the VaHomeschoolers Newsletter

Here in Virginia we enjoy a quiet homeschool life. If we do our part, the officials generally leave us alone. Knowing and complying with Virginia's simple legal requirements is the first step in doing our part, the first step in our homeschool journey, and the best way to keep the officials off our doorsteps. If you're new to homeschooling, new to the Virginia home instruction statutes, or even a veteran homeschooler you should take a closer look at the home instruction law. This year you'll find a few pleasant changes.

Listen to all the friendly advice on homeschool law passed your way, but verify what you hear with your own complete set of excerpts from the Code of Virginia pertaining to home instruction. Don't panic. Depending on print size, a complete set with excerpts of just homeschool law is only 3 or 4 pages. Make sure you have the current (July 1998) copy. They are available through your local school superintendent's office, the Virginia Department of Education, libraries, on the Internet, from other informed homeschoolers or from this page of the VaHomeschoolers site. The law is subject to change yearly, so be sure your copy is current. VaHomeschoolers and other homeschoolers can provide you with information and experience in the home school statute, but if you need legal assistance contact an attorney.

Sections of the Code of Virginia concerning Home Instruction:

22.1-253.13 Part time enrollment of non-public students.

22.1-254 Ages of children required to attend. Tutor provision.

22.1-254.1 Declaration of policy; requirements for home instruction of children.

22.1-254.2 Eligibility of certain children to earn a high school equivalency certificate.

22.1-256 Children exempted from article.

22.1-257 Excusing children who cannot benefit from education or whose parents conscientiously object; excusing children for reasons of health or apprehension for personal safety; court authority to order alternatives.

22.1-271.4 Health requirements for home-instructed, exempted and excused children.

32.1-46 Immunization of children against certain diseases.

Here are a few pointers from Home Instruction Statute to get you started.

What’s next?

Determine which of the four options you will use to home instruct. Either:

[i] you hold a baccalaureate degree in any subject from an accredited institution of higher education or

[ii] you hold a teaching license or letter of eligibility for licensure in Virginia or

[iii] you enroll your child in a correspondence course approved by the superintendent or

[iv] you provide a program of study or curriculum which in the judgment of the division superintendent includes the Standards of Learning (SOL) objectives adopted by the board of education for language arts and mathematics and provide evidence that the parent is able to provide an adequate education for the child.

With each option you must submit a Notice of Intent to Home Instruct and provide a description of your curriculum. You do not need to provide a book list or table of contents in order to comply with the law. No evaluation or judgment of the curriculum is required on the part of the superintendent except with option [iv]. The superintendent must make a judgment in option [iv] determining whether the program of study includes the required objectives and whether the teaching parent provides evidence of his or her ability to provide an adequate education. The Virginia Department of Education suggests in it's Fact Sheet: Home Instruction in Virginia, "As a minimum the curriculum shall include the SOL objectives prescribed for the grade level at which the child will be working. To make a judgment as to evidence of parents ability to provide an adequate education, the division superintendent should determine whether the document itself exhibits a mastery of language by the writer, whether it includes plans for instructional activities and whether it presents a reasonable scope and sequence of content. The superintendent does not have to approve or disapprove the activities or the content and should not pass judgment on whether the curriculum is a satisfactory substitute for that of the public schools."

Now Submit your NOI by August 15th.

The code of Virginia says: "Any parent (that means "the biological parent or adoptive parent, guardian or other person having control or charge of a child. 22.1-254.1) who elects to provide home instruction in lieu of school attendance shall annually notify the division superintendent in August of his intention to so instruct the child and provide a description of the curriculum to be followed for the coming year. Effective July 1, 2000, parents electing to provide home instruction shall provide such annual notice no later than August 15.

The law gives no more information on the requirement of a description of curriculum, nor does it say that someone needs to approve what you submit (except those submitting a curriculum under option [iv]). For my primary grade children I provide a few brief paragraphs describing our educational approach, mention the Standards of Learning and send it on. For my high school age child I describe his course work and list text books and references he'll be using. I know of others who provide pages of detail, lists of books, field trips, unit studies, etc. Homeschoolers in your community can share their local experience and advise.

“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 intention to provide home instruction as soon as practicable and shall comply with the requirements of this section within thirty days of such notice." (22.1-254.1)

Despite what my local superintendent says, the state law says "by August 15." However, many homeschoolers like to send them in early to get them out of the way. What about if you decide mid-year to homeschool? That is no longer a problem. VaHomeschoolers worked successfully to change the state law to clarify that if you begin homeschooling mid year, you simply submit your NOI as soon as practicable and comply with the other homeschool requirements within a month.

Must every homeschooler submit a NOI?

"Any parent of any child who will have reached the fifth birthday on or before September 30 of any school year and who has not passed the eighteenth birthday may elect to provide home instruction in lieu of school attendance." (22.1-254.1)

Homeschooling is one way to comply with the compulsory school attendance law, therefore every homeschooler must submit an NOI. Everyone, however EXCEPT those that are exempt.

Who’s exempt?

Five year old children can be exempt:

"Further, any child who will not have reached his sixth birthday on or before September of each school year whose parent or guardian notifies the appropriate school board that he does not wish the child to attend school until the following year because the child, in the opinion of the parent or guardian, is not mentally, physically or emotionally prepared to attend school, may delay the child's attendance for one year." (22.1-256)

Children who have their GED certificate are exempt: Minors cannot just "drop out". "The requirements of this section shall not apply to any child who has obtained a high school diploma, its equivalent or a certificate of completion or has otherwise complied with compulsory school attendance requirements as set forth in this article."(22.1-254)

"The Board of Education may establish a program of testing for general educational development through which children sixteen years of age or older who have been instructed by their parents in their home pursuant to 22.1-254.1 for three consecutive years and who have completed such home school instruction or who have been excused from school attendance pursuant to subdivision A2 of 22.1-257 may earn a high school equivalency certificate." (22.1-254.2)

Families with a bona fide religious conscientious objection to attendance at school are exempt: "Nothing in this section shall prohibit a pupil and his parents from obtaining an excuse from school attendance by reason of bona fide religious training or belief pursuant to 22.1 - 257."(22.1-254.1)

"A school board: 2. Shall excuse from attendance at school any pupil who, together with his parents, by reason of bona fide religious training or belief, is conscientiously opposed to attendance at school; . . . the term "bona fide religious training or belief" does not include essentially political, sociological or philosophical views or a merely personal moral code." (22.1-257)

In the case of religious exemption, the request is made to the school board rather than the division superintendent. Practices in the application procedure and the willingness to grant religious exemptions are not specifically written in the state law. As a result they vary from school division to school division. It would be best to further research how it works in your specific area by asking members of your local support group.

Does enrollment in a correspondence course or umbrella school exempt me from filing a NOI?

No. You, as the parent of a homeschooled child, must still submit a NOI, and follow all the other requirements, such as submitting a description of your program of study and providing evidence of academic achievement by August 1.

Once you've spent some time looking at the homeschool law, you'll realize that compared to other states, Virginia's annual requirements for homeschooling aren't too difficult. Just remember to submit your test and evaluation results by August 1 and file your NOI by August 15 to avoid trouble. With that done and with a clear understanding of what is and isn't in the homeschool state law you can free yourself from worry and get on with your homeschooling adventure.

Now, mark your calendar:

August 1 - Deadline to submit evidence of academic achievement for homeschoolers under the home instruction statute, 22.1-254.1;

August 15 - Deadline to file Notice of Intent to Home Instruct for homeschoolers under the Home Instruction Statute, 22.1-254.1.

How Valuable is This Organization to You?

VaHomeschoolers works hard to protect your homeschool freedom and empowers you by giving you the information that helps you homeschool with confidence. This is all a free service to you. But providing these services does cost money without which we could not maintain this site, cover our lobbyists' expenses while they work for you at the Virginia General Assembly, or produce and mail the VaHomeschoolers newsletter. Show how much you value the indispensable services VaHomeschoolers provides you--by joining or donating to VaHomeschoolers! If you are already a member, check out our give-back programs where purchases you normally make can earn money for VaHomeschoolers at no cost to you. When you join or donate to VaHomeschoolers, you are supporting the Old Dominion's only fully inclusive, member directed, and volunteer driven state homeschool association.

The Organization of Virginia Homeschoolers is a non-profit public charity with 501(c)(3) status; your donation is tax-deductible to the extent provided by law.