Many families opt for homeschooling because every parent wants the best for their children. Some parents are dissatisfied with the curriculum of public schools, while others choose homeschooling for religious reasons. For some families, homeschooling fits their lifestyle better.
If you live in West Virginia, you're allowed to homeschool your children if you follow state laws and regulations. However, there may still be challenges when dealing with the school district or local government. A simple mistake could result in significant problems.
At the Lento Law Firm, we assist homeschool families with any legal issues that may hinder their preferred method of education. We work to protect your right to homeschool and handle any interactions with school or government officials on your behalf. Contact us at 888-535-3686 to set up a consultation, or fill out our contact form so a member of our team can reach out to you.
Homeschool Laws and Regulations in West Virginia
In West Virginia, the law allows parents to provide home instruction to their children in one of three ways:
- Homeschooling with school board approval: You can seek approval from your local school board to educate your child at home. You'll be subject to more regulations and restrictions, such as providing attendance, instruction, and progress information. You'd also have to follow the board-approved curriculum in your homeschool program. However, you also have the right to ask the board for instructional resources and teaching materials.
- Homeschooling without school board approval: You don't have to get approval from the local school board to start homeschooling; you can instead submit a notice of intent to homeschool. You still have to meet state standards to homeschool, such as having at minimum a high school diploma and assessing your student annually. You generally have more freedom with your curriculum and design of your homeschool program if you go with this option.
- Homeschooling in a learning pod: West Virginia allows homeschooling learning pods, which are voluntary associations of parents choosing to group their children together to participate in academic studies as an alternative to public or private school. You can give your school board a notice of intent to enroll your child in a learning pod. The person giving instruction doesn't have to be a certified teacher, they just need a high school diploma.
West Virginia also has “microschools” which are smaller schools founded and run by teachers, and that charge tuition. Although a microschool and learning pod are similar in structure, microschool instructors are required to have teaching certifications, and learning pod instructors are not.
Homeschooling and Attendance in West Virginia
West Virginia has a compulsory school attendance law for children ages six to 16. You can exempt your child from this requirement by instructing them at home, but you must meet certain requirements with your local school board—even if you don't ask for the board's approval. State law doesn't specify a certain number of days or hours of required instruction for home school students. It only requires an annual assessment to be submitted to the board with a statement of the student's progress. You must also follow state requirements concerning the annual assessment, which can be in the form of a nationally standardized test, participating in a local public school's testing program, or having a portfolio of the student's work reviewed and approved by a certified teacher.
Unless you've come to an arrangement with the school board before starting home-based instruction, the board cannot compel you to complete a certain number of instructional hours or days. If your superintendent tries to tell you otherwise or threatens to submit a complaint concerning instructional hours, they are most likely in the wrong. In this situation, the best you can do is call an Education Law attorney, like the team at the Lento Law Firm. We can help you stand up to the school board and assert your rights to homeschool your child.
Qualifications for Homeschool Teachers in West Virginia
You don't have to be a certified teacher to homeschool your children or provide instruction in a learning pod in West Virginia. You do have to have some education, though. You need either a high school diploma or equivalent or a post-secondary degree or certificate from an accredited institution. You may have to provide proof of these credentials when you notify the board of your intent to homeschool your child.
However, the board cannot call your lack of teaching certification into question. As long as you meet the annual academic assessment requirements, the school board shouldn't be able to prevent you from carrying out your homeschool program based on your credentials. The same goes for a learning pod instructor you choose to take your child to. It's your responsibility to ensure the instructor has the right credentials and to ensure the learning pod carries out annual assessments. The school board can't shut down a learning pod because no instructors have teaching certifications, however.
If you run into problems related to credentials as you start your child's homeschooling, you can defend your right to educate your child how you see fit. At the Lento Law Firm, our team is ready to take on the school board for you. We're familiar with West Virginia's homeschooling laws, so we can defend your rights.
Hope Scholarship Act
West Virginia passed a law in 2023 called the Hope Scholarship Act. The scholarship is an education savings account that lets parents build an individualized learning experience for their children. Children in grades K-12 can receive funding toward tuition, fees, and other expenses. Students already being homeschooled aren't eligible for this fund unless they enroll in and attend a public school for at least 45 calendar days. Once students receive the scholarship, they must no longer be enrolled in public school full-time.
There are several eligibility requirements for the Hope Scholarship and many rules to follow once your child gets it. Although providing funds to the state's homeschool families is well-intentioned, sometimes there can be hiccups in the program's implementation. If your child received the Hope Scholarship, but the state is now threatening to take it away, you shouldn't sit back and let it happen. Our Education Law Team can help ensure your family gets all the resources you're entitled to, whether you're homeschooling or part of a learning pod.
Homeschool High School Diplomas in West Virginia
Unlike in other states, homeschoolers in West Virginia can earn a valid, legally recognized high school diploma. West Virginia law allows anyone who administers a program of secondary education, a home school, a learning pod, or an individualized instructional program pursuant to the Hope Scholarship to issue a diploma. This diploma is legally sufficient to demonstrate that the diploma's bearer meets the definition of having a high school diploma or its equivalent. State agencies and higher education institutions aren't allowed to turn applicants away because their high school diploma was issued by a home school.
If your child has difficulty getting their diploma recognized by a potential employer or university, our Education Law Team can help. They shouldn't have to go through extra hoops just because they were homeschooled; a valid high school diploma ensures that right. Call the Lento Law Firm so we can help you and your child stand up for their rights, whether it's concerning employment or a higher education institution.
Homeschooling Special Education Students in West Virginia
If you are homeschooling a child with special needs, the state doesn't place any extra education requirements on you. You can design your educational program how you want as long as it covers the subject areas required by the state: reading, language, mathematics, science, and social studies. You'll still have to complete annual academic assessments as well. West Virginia also doesn't offer any scholarships or funding for special education for homeschool programs.
Don't let your local school board tell you that you have increased responsibilities because your child has special needs. West Virginia law gives you the freedom and flexibility to make a curriculum that works for your family. Call the Lento Law Firm Education Law Team if you feel like your rights as a homeschool parent or guardian aren't being respected by your local school board or if you have questions about just how much authority the board has over your homeschooling choices.
Testing Requirements for Homeschool Students in West Virginia
Every year, you must obtain an academic assessment of your child's progress. You can conduct this review in one of four ways:
- Taking a nationally standardized achievement test
- Participating in a public school testing program
- Having a portfolio of samples from your child's work reviewed by a certified teacher
- Doing an alternative assessment agreed upon by you and the county superintendent
You must then submit annual assessments for your child for third, fifth, eighth, and 11th grades to the county superintendent by June 30 of those years.
This annual assessment is the only testing requirement imposed on West Virginia homeschoolers. It's important to do it properly, however. It's up to you to ensure the test you sign your child up for is in accordance with the law, and that it fills the requirements. It's possible that the school board questions your choice of assessment method or insists that it's not adequate. One way to avoid this problem is by doing a testing program offered by the local public school district. However, these programs often aren't adapted to children with disabilities or special needs, so many parents opt for another testing method.
Many West Virginia homeschoolers run into problems when it comes to testing requirements or confirming a child's educational progress. If your school board is threatening to terminate your home-based education program over testing issues, you should contact the Lento Law Firm Team. We can deal with the school board on your behalf and help ensure your homeschool program or learning pod follows all West Virginia laws.
Recordkeeping for Homeschoolers
Recordkeeping requirements for West Virginia homeschoolers are fairly light. All you have to keep track of are yearly assessments. You have to do an annual progress check for your student and this documentation must be kept on file for three years after the assessment is conducted.
You're also not required to keep a copy of your notice of intent to homeschool your child or to create a diploma for your child, but it's always good to hang on to as many documents as you can. Although school boards and other officials don't have the right to request these documents, you should have them on hand for any issues that might come up. You want to be able to prove that you're fully compliant with West Virginia homeschooling laws. The more documentation you have, the easier it will be to defend yourself when the school board tries to trample on your rights.
Defending West Virginia's Homeschool Families
As the practice of homeschooling becomes more widespread in West Virginia, there will be various obstacles to overcome, such as adhering to legal requirements, addressing concerns about socialization, and obtaining educational resources. It's crucial for homeschooling families to take a proactive approach. Both parents and policymakers must collaborate to protect their rights and ensure that their children have access to high-quality educational opportunities.
At the Lento Law Firm, our Education Law Team is ready to provide guidance on any questions you may have regarding your homeschooling rights and to represent you in any conflicts with governing bodies. We are committed to offering you the necessary assistance to defend your educational choice.
Our lawyers are equipped to assist you in navigating mandatory education laws, adapting to changes in regulations that may affect homeschoolers, and handling challenges from local authorities. With a comprehensive understanding of West Virginia's homeschooling laws and regulations, we are dedicated to defending your interests and advocating on your behalf.
Contact us today to learn more about how we can help you protect your homeschooling rights. You can reach us at 888-535-3686 or by completing our online contact form.
