WV Homeschooling Laws
Homeschooling Laws in West Virginia
Knowing the requirements for homeschooling in West Virginia is one key to successful homeschooling. That is why we have provided you with specific information on homeschooling in West Virginia and helpful links to WV’s Department of Education, homeschool requirements, West Virginia homeschool laws, and legal support resources.
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Links for West Virginia Homeschool Laws
West Virginia State Homeschool Law Summary
If you are homeschooling in the state of West Virginia, you will need to follow the guidelines for one of the two options outlined below:
Option 1: If you decide to homeschool under this option (generally recommended), you will need to follow these guidelines:
- File a notice of intent annually (or, if withdrawing from public school to homeschool, prior to the date homeschooling begins) with the school board or superintendent that includes the following information:
- Name, address, and age of any child of compulsory attendance age
- Assurances of the following:
- the child will receive instruction in the required subjects, which are reading, language, math, science, and social studies
- the child will be assessed annually in accordance with legal requirements
- Evidence of parent-teacher’s high school diploma or equivalent or approved post-secondary degree or certificate
- Have child assessed annually using one of the following 4 options:
- any nationally normed standardized test published within the past ten years, testing the required subjects, administered according to the publisher’s instructions and not administered by the parents;
- the testing program currently in use in the state’s public schools (must be taken at the public school);
- a portfolio review and written narrative provided by a certified teacher detailing the child’s progress in the required subjects and any need for remediation if the child’s progress is not in accordance with his academic abilities;
- any alternative assessment agreed to by the superintendent and parent.
- Maintain copies of the annual assessments for 3 years.
- If a child’s assessment fails to show “acceptable progress,” the parent or guardian should initiate a remedial program to achieve acceptable progress. The child is considered to have made “acceptable progress” under the first testing option above if the mean of the child’s test results in the required subject areas is within or above the fourth stanine, or, if below the fourth stanine, shows improvement from the previous year’s results.
- While you are required to assess your student annually, you only need to submit the results of annual assessments to the county superintendent for grades 3, 5, 8, and 11 by June 30 of the year in which the assessment was administered.
- Notify the superintendent upon termination of homeschooling or upon moving to a new county (and file a notice of intent in the new county)
- See W.Va. Code 18-18-1(c)(2)(D) for information on obtaining public school assistance in assessing a child for special education services.
Option 2: If you decide to homeschool under this option (generally not recommended), you will need to follow these requirements:
- Obtain local school board approval of your homeschool; school board may deny approval with a “good and reasonable justification.”
- Parent-teacher must be deemed, by the school board, as “qualified to give instruction in subjects required to be taught in public elementary schools of this state.”
- Homeschool in your home or in another location that has been approved by the school board
- Homeschool for 180 days for the following amounts of time:
- K-5: 315 minutes of instructional time per day
- 6-8: 330 minutes of instructional time per day
- 9-12: 345 minutes of instructional time per day
- Provide “information and records” related to attendance, instruction, and progress of students as and when requested by the school board.
Homeschool Resources for West Virginia Homeschool Laws
For additional information, including a downloadable PDF with a detailed analysis of your state’s homeschool laws and legal counsel, be sure to become a member of the HSLDA for a yearly fee.