Filing a “Notice of Intent”

As required by Chapter 18, Article 8, Section 1, exemption (c), subdivision (2) of the West Virginia Code, a notice of intent to provide home instruction to children of compulsory school age must be sent to your county superintendent or board of education when you initiate home instruction.

(A)  Upon commencing home instruction under this section the parent of a child receiving home instruction shall present to the county superintendent or county board a notice of intent to provide home instruction that includes

  • the name, address, and age of any child of compulsory school age to be instructed and
  • assurance that the child shall receive instruction in reading, language, mathematics, science and social studies and
  • that the child shall be assessed annually in accordance with this subdivision.

The person providing home instruction shall notify the county superintendent upon termination of home instruction for a child who is of compulsory attendance age. Upon establishing residence in a new county, the person providing home instruction shall notify the previous county superintendent and submit a new notice of intent to the superintendent of the new county of residence: Provided, That if a child is enrolled in a public school, notice of intent to provide home instruction shall be given on or before the date home instruction is to begin.

(B)  The person or persons providing home instruction shall 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 of higher education that has been authorized to confer a post-secondary degree or certificate in West Virginia by the West Virginia Council for Community and Technical College Education or by the West Virginia Higher Education Policy Commission.

Compulsory school age begins with the school year in which the sixth birthday is reached prior to the first day of September or upon enrolling in a publicly supported kindergarten program, and continues until the seventeenth birthday.

We suggest that the notice of intent be sent by return receipt mail so you will know it was received by the county.
A list of county superintendents may be obtained on the WVDE website at:  https://wvde.state.wv.us/ed_directory/downloadhelp.html

 

Many counties send homeschooling families a form to complete saying it is a substitute for the Notice of Intent. These forms often request more information than the law requires.  Some counties request a plan of instruction be included, as well as the number of instructional minutes per subject per day and the number of instructional days per year. Though this may be required for those filing under the Section (c)(1), this is not a requirement under Section (c)(2). Some families just write “not applicable” in these sections of the form; others choose to submit a personally written Notice of Intent or Notice of Intent form (see below).   Another item included on many counties’ forms is a requirement that parents specify the type of academic assessment that will be employed at the end of the school term. The Code does not authorize the county to require this information, so again specification is voluntary. Not specifying the assessment method to be used affords more flexibility in making that choice in the spring.  However, please keep in mind, if you desire to use the public school testing services, notification should be given to the school in plenty of time to make the necessary arrangements.

Any additional submission of information not specifically required by the language of the Code is at the discretion of the homeschooling family.  The exemption from compulsory public school attendance is governed by state law, not by county policy, therefore CHEWV encourages adherence to the state law.

 

CHEWV has provided a form for the Notice of Intent.  Use of a form to provide notice of intent is not required.  The optional form is for the convenience of homeschool parents who choose to use it.

Printable PDF Form – Notice of Intent 

 

To homeschool under the less commonly used “request” option (exemption (c) subdivision (1)), submit a “Request for Home Instruction.” You must be qualified to instruct in subjects required to be taught in public elementary schools. The county board may deny the request if there is good and reasonable justification.