West Virginia law provides three pathways for parents who wish to homeschool. Each option has different requirements for approval, notification, instruction, and assessment.
Option 1: School Board Approval
Parents may choose to homeschool by requesting approval from the local school board.
Key Requirements:
- Instruction: Teach subjects approved by the school board for 180 days per year.
- Location & Time: Instruction must occur at a location and for a time period equal to the county school term, as approved by the board.
- Reporting: Provide attendance, instruction, and progress information if requested by the board.
- Assessment: The school board determines the required method of assessment.
- Denial of Approval: The board may deny approval in writing with “good and reasonable justification.”
Option 2: Notice of Intent
Parents may homeschool by submitting a notice of intent to the local school board or superintendent. As long as the notice complies with state law, permission is not required.
Key Requirements:
- Instructor Qualifications
The person providing home instruction must have a high school diploma or equivalent, or a post-secondary degree/certificate from a regionally accredited institution. - File a Notice of Intent
Submit the notice to the school board or superintendent on or before the date homeschooling begins. The notice must include:- Child’s name, address, and age
- Assurance that the child will be instructed in reading, language, mathematics, science, and social studies
- Assurance of annual assessment
- Evidence of the instructor’s qualifications
The notice remains effective until the family moves to a different county or stops homeschooling.
- Annual Assessment
An assessment is required each year and records must be kept for three years. Choose one of the following methods:- Standardized test: Nationally normed test published within the last 10 years, administered per publisher guidelines. Covers reading, language, math, science, and social studies. “Acceptable progress” means scoring at or above the 23rd percentile, or showing improvement from the prior year.
- Public school testing: Participate in the public school testing program. Acceptable progress is based on state guidelines.
- Portfolio review: A certified teacher reviews a portfolio of the child’s work and provides a written narrative on progress in the five required subjects, noting areas needing improvement.
- Alternative assessment: Any other academic assessment agreed upon by the superintendent and parents.
- Submit Assessment Results
Assessment results for grades 3, 5, 8, and 11 must be submitted to the county superintendent by June 30 of those years.
If the Superintendent Questions the Notice:
A superintendent may not deny a notice of intent. To challenge a parent’s right to homeschool, the superintendent must obtain a circuit court order by showing evidence that the child would suffer educational neglect.
If a Child Does Not Show Acceptable Progress:
Parents may request written notification from the county about special education evaluation services. Parents must initiate a remedial program designed to foster acceptable progress. The program does not require district approval or submission.
Option 3: Learning Pod Participation
Parents may meet compulsory attendance requirements by participating in a learning pod and submitting a notice of intent to the local superintendent.
Key Requirements:
- Instructor Qualifications
The person providing instruction must have a high school diploma or equivalent, or a post-secondary degree/certificate from a regionally accredited institution or other specified educational entity. - File a Notice of Intent
Submit the notice to the school board or superintendent on or before the date participation begins. Include:- Child’s name, address, and age
- Assurance of instruction in reading, language, mathematics, science, and social studies
- Assurance of annual assessment
- Evidence of the instructor’s qualifications
If participation ends, the instructor must notify the superintendent. If the family moves to a new county in West Virginia, the previous superintendent must be notified and a new notice submitted in the new county.
- Annual Assessment
Requirements are the same as Option 2. Choose from standardized testing, public school testing, portfolio review, or an alternative assessment agreed upon with the superintendent. Records must be kept for three years. - Submit Assessment Results
Results for grades 3, 5, 8, and 11 must be submitted to the county superintendent by June 30 of those years.
If the Superintendent Questions the Notice:
The superintendent may not deny a notice of intent. A circuit court order with evidence of educational neglect is required to revoke homeschooling rights.
If a Child Does Not Show Acceptable Progress:
Parents may request information on special education services from the county. A remedial program must be initiated to support acceptable progress but does not need district approval.
Note: This summary is for informational purposes. For the most current legal requirements, consult the West Virginia Code or your local school board.
