How to Start Homeschooling in West Virginia

Yes. Homeschooling in West Virginia is legal under W.Va. Code 18-8-1(c).

The statute treats home instruction as an exemption from compulsory school attendance. Two subdivisions lay out the two pathways. Section 18-8-1(c)(1) is the school board approval pathway. Section 18-8-1(c)(2) is the notice pathway with an annual assessment.

Here is a key thing to know about Option 2: you are not requesting approval. You give a notice of intent. Under 18-8-1(c)(2), the only way home instruction can be denied is if the county superintendent, after a showing of probable cause, asks the circuit court for an order, and the court finds clear and convincing evidence that the child will suffer neglect in his or her education or that there are other compelling reasons.

Under W.Va. Code 18-8-1a, compulsory school attendance begins with the school year in which your child reaches the sixth birthday prior to July 1, or when your child enrolls in a full-time publicly funded kindergarten program. It continues until the 17th birthday, or for as long as the student stays enrolled in a school system after the 17th birthday.

You do not need to file anything or start a formal program until your child reaches compulsory age. Take that time to research your options and find what works for your family.

Here is how to start homeschooling in West Virginia under Option 2, step by step.

Step 1: Confirm your qualification. Under Option 2, you submit satisfactory evidence of a high school diploma or equivalent, or a post-secondary degree or certificate from a regionally accredited institution or from an institution authorized to confer one in West Virginia by the Council for Community and Technical College Education or the Higher Education Policy Commission. No teaching certificate is required.

Step 2: Write your notice of intent. Your notice includes the name, address, and age of each child of compulsory school age you will instruct, plus your assurance that your child will receive instruction in reading, language, mathematics, science, and social studies, and will be assessed annually. You do not include an educational plan or curriculum outline.

Step 3: Send your notice. Give your notice to the county superintendent or county board when you begin home instruction, along with your evidence of qualification. If your child is enrolled in a public school, give the notice on or before the date home instruction begins. No board approval is needed.

Step 4: Withdraw from school if needed. The law asks for your notice of intent on or before the date home instruction begins. It does not require a separate letter to the school, but letting the school know keeps its records clear.

Step 5: Start teaching. Cover reading, language, mathematics, science, and social studies. You choose your own curriculum, textbooks, and teaching approach. Option 2 does not set a required number of days or hours.

Step 6: Plan for the annual assessment. Each year, obtain an academic assessment for the previous school year using one of four methods: a nationally normed standardized achievement test, the state's public school testing program, a portfolio review by a certified teacher, or an alternative assessment you and the county superintendent agree on. Keep a copy of each assessment for three years.

Step 7: Submit results in the required grades. Send your child's assessment results to the county superintendent by June 30 in grades 3, 5, 8, and 11. Assessment is still annual in the other years.

Under Option 2, you give a one-time notice of intent to the county superintendent or county board when you begin home instruction. Annual renewal is not required.

Your notice includes:

• The name, address, and age of each child of compulsory school age you will instruct
• Your assurance that the child will receive instruction in reading, language, mathematics, science, and social studies
• Your assurance that the child will be assessed annually

You also submit satisfactory evidence of a high school diploma or equivalent, or a qualifying post-secondary degree or certificate.

Other Option 2 filings: assessment results at grades 3, 5, 8, and 11 by June 30; a notice to the county superintendent when home instruction ends for a child of compulsory age; and, if you move, a notice to your previous county superintendent plus a new notice of intent in your new county.

Under Option 1, you start by asking the county board to approve home instruction. The statute does not set a form, a deadline, or a renewal schedule for that request; the county board decides whether to approve it.

If your child is in school right now, start by giving your notice of intent to the county superintendent or county board under W.Va. Code 18-8-1(c)(2). If your child is enrolled in a public school, the notice is due on or before the date home instruction begins.

The law does not require a separate withdrawal letter to the school. Letting the school know your child is leaving keeps its enrollment records clear.

Under Option 2, no approval is needed. Under Option 1, you need county board approval of home instruction, so give yourself time for that process before you start.

Under Option 2 (and for learning pods and microschools), your notice includes your assurance that your child will receive instruction in five subjects:

1. Reading
2. Language
3. Mathematics
4. Science
5. Social studies

You have freedom in how you teach. Textbooks, unit studies, project-based learning, online courses, or any combination all work.

Under Option 1, the statute does not list subjects. The county superintendent and county board judge whether the instructor is qualified to teach the subjects required in public elementary schools, and the county board decides whether to approve your program.

Option 2: Each year, obtain an academic assessment of your child for the previous school year in one of these ways:

• Standardized test. A nationally normed standardized achievement test published or normed within the past 10 years, given by a qualified person under the test's published instructions, in reading, language, mathematics, science, and social studies. Acceptable progress means the mean of your child's results in those subjects is within or above the fourth stanine, or, if below, shows improvement from the previous year.
• State testing program. Your child takes the testing program used in the state's public schools, at a public school in your county.
• Portfolio review. A certified teacher reviews samples of your child's work and writes a narrative about progress in the five subjects.
• Agreed alternative. An alternative assessment of proficiency that you and the county superintendent agree on.

Keep copies of each assessment for three years. Submit results to the county superintendent by June 30 in grades 3, 5, 8, and 11.

If an assessment does not show acceptable progress, you start a remedial program to help your child progress. If your child does not achieve acceptable progress for a second consecutive year, you submit additional evidence to the county superintendent that appropriate instruction is being provided. The county board, on request, will tell you in writing about services available to assess eligibility for special education, and identifying a disability does not prevent you from continuing to homeschool.

Option 1: Under the school board approval pathway, you provide information and records about attendance, instruction, and progress to the county board when the county superintendent asks. The state board has guidelines for special education students that include alternative assessment measures. Option 1 has no annual assessment; the annual assessment applies only to Option 2.

West Virginia gives you three pathways, plus the Hope Scholarship program.

Option 1: School Board Approval (W.Va. Code 18-8-1(c)(1)). Ask the county board to approve home instruction. If it denies the request, it must give good and reasonable justification in writing. The instructor must be qualified in the judgment of the county superintendent and county board. Instruction runs for a time equal to the instructional term in W.Va. Code 18-5-45, and you provide records of attendance, instruction, and progress on request.

Option 2: Notice and Annual Assessment (W.Va. Code 18-8-1(c)(2)). A one-time notice of intent to the county superintendent or county board, evidence of your qualification, an annual assessment using one of four methods, and results submitted at grades 3, 5, 8, and 11. No approval needed and no set number of days or hours.

Option 3: Learning Pod or Microschool (W.Va. Code 18-8-1(n)). A notice of intent when participation begins, evidence of the instructor's qualification, and an annual assessment, with results submitted by June 30 at grades 3, 5, 8, and 11.

Hope Scholarship. Under W.Va. Code 18-8-1(m), a child who is an eligible Hope Scholarship recipient and gives the county superintendent a notice of intent to participate is exempt from compulsory attendance. Check the program's official website for current amounts, eligibility, application dates, and the program's own requirements before you apply.

A few things every family should know about homeschooling in West Virginia.

Look into the Hope Scholarship. Check the program's official website for current amounts, eligible expenses, and application windows. The program has its own rules, so read them before you apply.

Your child may be able to play school sports. Under W.Va. Code 18-2-25, students receiving home instruction may be eligible for interscholastic athletics and extracurricular activities at the public school serving their residence zone, if they show satisfactory academic progress at or above the fourth stanine, have not reached age 19 by August 1, remain amateurs, and follow the disciplinary rules and regulations.

Public school classes and materials. Any child receiving home instruction may, with county board approval, attend any class the county board offers, subject to normal registration and attendance requirements. The county superintendent or a designee also offers assistance, such as textbooks and other teaching materials, subject to availability.

Special needs families. IEP services through the public school end when you withdraw. The county board, on request, will notify you in writing of services available to assess your child's eligibility for special education. Identifying a disability does not prevent you from continuing to homeschool.

Moving or stopping. If you move to a new county, notify your previous county superintendent and submit a new notice of intent in your new county. If home instruction ends for a child of compulsory age, notify the county superintendent.

Keep your records organized. Under Option 2, keep copies of each annual assessment for three years. Under Option 1, keep records of attendance, instruction, and progress ready in case the county superintendent asks for them.