Filing Your Notice of Intent (NOI)

The Home Instruction Statute (§22.1-254.1) provides for four options under which parents can homeschool:

NOI Basics

Regardless of the option chosen, "any parent 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 and evidence of having met one of the criteria for providing home instruction" (§22.1-254.1 B).

In other words, you must:

The following sections detail how to meet the above requirements for each option.

Option (i): Either Parent has a High School Diploma

Send the following to your local superintendent:

  1. Copy of your high school diploma or high school transcript (you may also meet this by providing evidence of attainment of a higher degree such as an associates degree or a college diploma if those are easier to locate).

    The Virginia Department of Education's Home Instruction Manual (p 2) says that a GED is not considered a high school diploma for the purposes of satisfying option (i) of the home instruction statute §22.1-254.1. This is because the GED is "equivalent" to a high school diploma, not an actual "high school diploma" as required by law. Parents with GEDs who have received an Associate's Degree or higher may substitute that diploma for the high school diploma. Parents with GEDs may also file under option (iii) or option (iv) of the home instruction statute §22.1-254.1.
  2. Notice of Intent. This may be a form provided by the state or by your county, VaHomeschoolers NOI form, or a letter. The law does not require that you use a form, and many homeschoolers choose to provide a letter instead, due to the often inaccurate wording of the forms provided by school officials.
  3. A description of your curriculum, such as a sentence or two on style, and perhaps a brief list of materials and resources. You do not need to use any formal "curriculum" or specific "educational" materials You do not need to include a book list or table of contents from a curriculum. Still, some superintendents will request this. It is up to you whether you choose to provide it. Many homeschoolers decline to, because they understand that providing more than the law requires can escalate the superintendents' requests for more information. For examples of curriculum descriptions, see Curriculum Description Examples and the NOI samples listed below. For additional information on writing curriculum descriptions, see All About Curriculum Descriptions.

The superintendent has no authority to judge or reject the program of study submitted under this option. (Supts. Memo No. 124)

Once a copy of your diploma is on file, you do not need to include one in the future; simply refer to the fact that the superintendent already has a copy.

Sample Option (i) NOIs

See samples of Option (i) NOIs that have been accepted in varous counties in Virginia: sample 1, sample 2,

Option (ii): Either Parent is a Teacher of Qualifications Prescribed by the Board of Education

Send the following to your local superintendent:

  1. Copy of teaching certificate or statement to this effect from the Virginia Department of Education.
  2. Notice of Intent. This may be a form provided by the state or by your county, VaHomeschoolers NOI form, or a letter. The law does not require that you use a form, and many homeschoolers choose to provide a letter instead, due to the often inaccurate wording of the forms provided by school officials.
  3. A description of your curriculum, such as a sentence or two on style, and perhaps a brief list of materials and resources. You do not need to use any formal "curriculum" or specific "educational" materials. You do not need to include a book list or table of contents from a curriculum. Still, some superintendents will request this. It is up to you whether you choose to provide it. Many homeschoolers decline to, because they understand that providing more than the law requires can escalate the superintendents' requests for more information. For additional information on writing curriculum descriptions, see All About Curriculum Descriptions.

The superintendent has no authority to judge or reject the program of study submitted under this option. (Supts. Memo No. 124)

Once a copy of your teaching certificate is on file, you do not need to include one in the future, unless it has been renewed since last filing; simply refer to the fact that the superintendent already has a copy.

Option (iii): Enrollment in a Correspondence Course Approved by the Superintendent of Public Instruction

Send the following to your local superintendent:

  1. Notice of Intent. This may be a form provided by the state or by your county, VaHomeschoolers NOI form, or a letter. The law does not require that you use a form, and many homeschoolers choose to provide a letter instead, due to the often inaccurate wording of the forms provided by school officials.
  2. A description of your curriculum, such as a brief summary of the correspondence course. You do not have to include a book list or table of contents from a curriculum. Still, some superintendents will request this. It is up to you whether you choose to provide it. Many homeschoolers decline to, because they understand that providing more than the law requires can escalate the superintendents' requests for more information.

  3. Notice of acceptance or other evidence of enrollment in the approved correspondence course

    showing name and address of school and the courses in which each child is enrolled.

Note: Correspondence courses approved by Virginia are not necessarily better or worse than non-approved courses. The only difference is that the suppliers have completed the approval application process. If the course you like is not on the list, encourage the supplier to apply for approval.

Option (iv): Neither Parent has a High School Diploma and Chooses not to use a Correspondence Course

Send the following to your local superintendent:

  1. Notice of Intent. This may be a form provided by the state or by your county, VaHomeschoolers NOI form, or a letter. The law does not require that you use a form, and many homeschoolers choose to provide a letter instead, due to the often inaccurate wording of the forms provided by school officials.
  2. There are two ways to comply with this option:
    • Provide a description of curriculum that includes Virginia's Standards of Learning (SOLs) for language arts and mathematics or
    • Provide evidence that the parent is able to provide an adequate education for the child. Although this may seem daunting, in reality it is easy.

Note: Homeschooled children do not take the SOL tests.

"In reviewing a program of study or curriculum, the division superintendent must use judgment to determine whether or not the program of study includes the required Standards of Learning objectives. To assess a parent's ability to provide an adequate education, the division superintendent should determine whether the information submitted 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 that shows a broad overview of what the parent plans to teach the child during the school year." (Supts. Memo No. 124)

Sample Option (iv) NOIs

See samples of Option (iv) NOIs that have been accepted in varous counties in Virginia: sample 1, sample 2, sample 3, sample 4, sample 5, sample 6, sample 7.

Note: These sample NOIs were submitted under the old home instruction statute. Under the new home instruction statute, Option (iv) parents may submit either an SOL-based curriculum or a statement of why they are qualified to teach their children at home.

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