The Organization of Virginia Homeschoolers
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This information reflects the changes to the Home Instruction Statute which went into effect on July 1, 2008. The changes primarily affect families who use option ii (provide an evaluation or assessment). For more information on the 2008 changes, please see the FAQs about 2008 Changes to Home Instruction Statute and the 2008 Home Instruction Statute Changes pages.
The Home Instruction Statute (§22.1-254.1 C) requires parents to provide "evidence of progress" at the end of the school year. Parents may either submit:
Evidence of progress must be submitted by August 1 following the school year in which the child has received home instruction.
To read the complete text of the law: §22.1-254.1 Declaration of policy; requirements for home instruction of children
Under the Home Instruction Statute, evaluation or testing must be provided for all children who are between the ages of 6 and 18 as of September 30th of the current school year (regardless of grade level).
The following do not have to provide evidence of progress:
Evidence of progress must be submitted to the superintendent by August 1st following the school year in which the child has received instruction.
There are two options for providing evidence of progress:
VaHomeschoolers has compiled a list of providers who offer testing and evaluation services to the homeschool community.
Note: Inclusion on these lists does not constitute an endorsement from VaHomeschoolers. Contact experienced local homeschoolers for additional options in your community.
If evidence of adequate progress is not submitted, the home instruction program of the child will be placed on probation for one year. The parents must file with the superintendent proof of their ability to teach their child and a remediation plan for acceptance by the superintendent. If this plan is not accepted or the required evidence of progress is not provided for by August 1 following the probationary year, home instruction for that child will be ended.
Unless you submit the results of a nationally normed standardized test, the local superintendent is required to make a determination about any end-of-year evidence of adequate progress. Most school divisions are fair and reasonable. Rarely, they are not. The superintendent may (at his or her discretion) place the homeschool on a probationary status. However, if a portfolio is rejected as not showing satisfactory progress, a parent might offer to submit a standardized test as an alternative, or offer to have a credentialed person evaluate the child and his or her work. It is up to the superintendent's discretion as to whether to agree to an alternative.
If probationary status is not acceptable to the parent, or if alternative assessments are not practical or acceptable to the parent or the school division, the parent may appeal a superintendent's decision. This entails simply notifying the superintendent (within 30 days of his negative decision) that you want to appeal the decision to an independent hearing officer. The superintendent then must make arrangements for the hearing. Independent hearing officers are attorneys and they are selected from a list maintained by the state Supreme Court. You do not need an attorney to make such an appeal.
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.