WV Getting Started

1. Is homeschooling legal? 


2. Who may homeschool? 

The parent/guardian is primarily responsible for homeschooling the child, but may delegate teaching, or some portion of the teaching, to a grandparent, tutor, friend, etc. The parent is fully responsible for the education of the child. To teach your children you need to have a high school diploma or its equivalency. If you do not have this, there is a provision that allows you to home educate under someone else’s direction.

3. When do I need to notify?

If your child is 6 years old by September 1st, they are considered to be compulsory school age and you will need to notify the state.

4. How do I get permission to homeschool?

You don’t need to ask for permission. Home education is a legal excuse from compulsory attendance in West Virginia. It is equal to other educational options. You therefore do not ask for permission or approval to home educate, but instead notify them of your intention to homeschool your children. This is an important differentiation, because the school board does not have authority, if you are compliant with the required notification information, to deny a parent’s intent to homeschool.

6. Can we start homeschooling midyear?

Yes, but the person(s) providing the instruction must present a notice of intent to the county superintendent shall be given on or before the date home instruction is to begin. A plan of instruction must be outlined. The instructor must then obtain an assessment at the end of the year. The parent or legal gaurdian shall submit to the county superintendent the results of the academic assessment of the child at grade levels three, five, eight, and eleven as applicable by June 30th of the year in which the assessment was administered.

7. Can the superintendent refuse to allow me to home educate?

If you are compliant with the required notification information, the superintendent may not deny your notification. 

8. Who should I send my notification to and should I just mail it?

The law states that the notification of intention to homeschool be sent to the Board of Education in the county that you reside. Mail your notification form via certified mail, return receipt requested. If hand-delivering, be sure to obtain date and signature of the person receiving your notification. Keep copies of all your notification paperwork because they are legal documents. Although there is no specific date, most send their paperwork in at the start of the traditional school year for their district.

9. Is there a certain form I should use?

No It is suggested that you not use the form provided by your school district because local school districts frequently require more information than is necessary per the regulations. You may devise your own form if you wish, or notify by a narrative document. A sample notice of intent can be found here http://chewv.org/wp-content/uploads/2015/04/Notice_of_Intent_Form.pdf 

10. What information am I required to supply?

1)      File a notice of intent to homeschool annually with the county Board of Education. The notice must include the name, age, grade level, and address of the children to be instructed; The letters of intent need a plan of instruction that includes only the minimal mention of the subjects being sure to always including the basic 5: math, reading, science, language arts, social studies, and optionally: physical education, art, music, and foreign language, etc.

The family needs to have a plan of instruction that has more details, but is not required to share such information as lists of textbooks, programs, curriculum, projects, lesson plans, or schedules of hours for the school board.

2)      Submit evidence of the instructor’s high school diploma or equivalent.

3)      Outline a plan of instruction.

4)      Submit a report of an academic assessment each year by June 30 for each homeschooled student. 

11. Does my child have to take an achievement test?

Students being homeschooled under WV Code 18-8-1(c)(2) must be assessed annually using one of four assessment options. Two of those options specifically involves testing. But testing is not the only option. Click here for full assesment details

12. May superintendents require parents to meet with them in order to review their proposed educational programs? or to evaluate progress?


13. Do I have to keep a log of time spent homeschooling? Do I have to maintain lesson plans?

You are not required to track time or maintain lesson plans. You are only required to submit your plan of instruction that includes only the minimal mention of the subjects being sure to always including the basic 5: math, reading, science, language arts, social studies If you make changes from your intention, you are not required to submit those changes.

14. Should I provide more information than is requested?

It is not recommended to provide the school with any more information other than required by law. Remember, you are notifying the district; not asking for permission.

For more information on West Virgina law, contact  https://chewv.org/homeschooling-in-wv/wv-homeschool-law/ and www.hslda.org

* Disclaimer: We are not legal experts. Please do your research *