Filing Your Notice of Intent (NOI)

This information reflects the changes to the Home Instruction Statute which went into effect on July 1, 2008. The changes primarily affect families who file under options iii or iv. 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) provides for four options under which parents can homeschool:

Note: Regardless of which filing option you use, homeschooled children are not accountable to the Virginia Standards of Learning (SOLs) and do not take the SOL exams.

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 5) 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 may 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 various school divisions 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 may 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.

Note: Parents with a valid Virginia teaching certificate also may qualify to teach their own child through the Approved Tutor provision.

Option (iii): Parent Provides a Program of Study or Curriculum

Option iii filers may use any program of study or curriculum, which may be delivered through a correspondence course, a distance learning program, or in any other manner. Effective July 1, 2008, the Virginia Department of Education no longer maintains a list of "approved correspondence school programs," except for driver education courses.

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. 2. A description of your curriculum. If your child is enrolled in a correspondence school or distance learning program, then submit evidence of enrollment and a copy of the program of study or curriculum, such as a brief summary of the correspondence course. If your child is not using a correspondence school or distance learning program, then submit a brief description of your curriculum, including a sentence or two on style and a brief list of materials and resources. You do not have to include a book list or table of contents from a curriculum. Still, some superintendents may 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.
  3. For correspondence course or distance learning program families only: Notice of acceptance or other evidence of enrollment in the course or program, showing the name and address of school and the courses in which each child is enrolled.

Option (iv): Parent Provides Evidence of Being Able to Provide an Adequate Education

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. 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 (see below).
  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 may 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.

"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. Effective July 1, 2008, families filing under Option (iv) no longer have to reference the Virginia Standards of Learning in their curriculum description.

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.