West Virginia

Compulsory Attendance: West Virginia Code 18-8-1a

"Compulsory school attendance shall begin with the school year in which the 6th birthday is reached prior to September one of such year or upon enrolling in a publicly supported kindergarten program and continue to the 16th birthday or for as long as the student shall be enrolled in a school system after the 16th birthday."

Home School Status: West Virginia Code 18-8-1 contains two subsections which allow for home instruction

Exemption B subsection (a)

1. requires approval of the instructor by the county board of education.

2. allows for instruction in the home or some other approved place.

3. requires length of school year be equal to the school term of the county (180 days).

4. allows the county superintendent to obtain information related to instruction, progress of the student and attendance.

5. requires the County Board of Education to furnish good and reasonable justification in writing for denial of request to home school.

6. requires the state department of education to develop guidelines for the home schooling of special education students.

Exemption B subsection (b)

1. requires a notice of intent to home school be presented to the county superintendent or county board of education, which includes the name and address of the children to be instructed.  Note: a two-week notice must be given prior to withdrawing child from school.

2. requires instructor provide evidence of a high school diploma or equivalent and formal education at least 4 years higher than the most academically advanced child to be instructed.  Note:  for the academic years 2001-2002 and 2002-2003 the requirement of 4 years post-secondary education does not apply. 

3. requires instructor to outline a plan of instruction.

4. requires an annual assessment be submitted by June 30.  Assessment options include:

a. standardized test (Comprehensive Test of Basic Skills, California Achievement Test, Stanford Achievement Test, Iowa Test of Basic Skills, or individualized achievement test, such as the Woodcock-Johnson, the Kaufman Test of Educational Achievement and the Peabody Individual Achievement Test) to be administered according to published instructions
at the public school, by a licensed psychologist, a person authorized by the publisher of the test or other person approved by the county superintendent or county board of education but not by the parents. WVHEA's testing service is authorized by the publisher (CTBS) and has been approved by the West Virginia Department of Education.    

b. portfolio review, including samples of the child's work, by a certified teacher or other person agreed upon by the parent and the county.  The portfolio is not "turned in" to any county official.  The parent submits a narrative signed by the reviewer stating whether or not the child's academic progress is in accordance with his/her abilities.

c. alternative academic assessment agreed upon by the parent AND the county.  Possibilities include grades and evaluations from correspondence schools and/or home school curriculum courses; an assessment from a specialized program such as the Autism Training Center, Marshall University's HELP program; or a standardized test administered with modifications to published instructions such as extended time limits or reading done by the test administrator.  If you have some other idea,
check with your superintendent and see what can be worked out.

5. requires a remedial program be initiated if the mean of the child's test scores fall below the 40th percentile.  The county board of education is required to notify parents in writing of the services available to assist in the assessment of a child's eligibility for special education services. However, parents are not required to use such services nor will the identification of a disability preclude the continuation of home schooling.        

6. prohibits home schooling if the test scores fall below the 40th percentile 3 years in a row.

7. allows home schooled students access to county textbooks, teaching materials and available resources.

8. allows child to attend any class subject to normal registration and attendance requirements on approval by the county board.

Taken from the WVHEA Home School Handbook

Information on this page should not be considered legal advice.