Where can I find information and forms to homeschool my student?

General information and homeschool forms, such as the “Notice of Intent to Home School” are found  on the prestoncountyschools.com website under the “Menu” tab, then “Parents and Students,” and then “HomeSchooled.” 

 

What do I need to submit and to whom?

West Virginia Code §18-8-1(c)(2) states that a Notice of Intent to Home School (this form), along with a copy of the diploma or transcript demonstrating that the person who is responsible for the education of the student(s) holds a high school diploma, high school equivalency, or diploma from a higher institution of  learning that is accredited, must be submitted to the Preston County Schools Superintendent, or his designee, who is Angela Zofchak, Director of Attendance.  You may mail the Notice of Intent and copy of diploma to Preston County Schools, 731 Preston Drive, Kingwood, WV 26537, or you may email it directly to atate@k12.wv.us .

 

If I graduated from a Preston County high school, do I need to get a copy of my diploma or transcript?

Yes.  We are not able to obtain transcripts or copies of diplomas for previous graduates of a Preston County high school.

 

What information must I provide?

This law requires certain information be included in the notice (highlighted in yellow on the Preston County Schools form). 

 

How do I withdraw my student from public school?

Your student will remain enrolled at their present school until the Notice of Intent and the documentation of education by the homeschooling adult is received by Preston County Schools.  At that point, your student will be withdrawn to homeschool, as designated in WVEIS (West Virginia Educational Information System).

 

What am I responsible for as homeschool educator?

As the home school educator, you will be responsible for providing all aspects of education for your student(s), including curriculum, materials, lesson planning, instruction, remediation, progress, and formative and summative assessments throughout your student’s educational program.   Once you file the Notice of Intent, all materials and supplies must come from you.  None of the programs, applications, devices, or materials that your student(s) used while they were in-person, remote or virtual students will be provided by Preston County Schools.

 

What happens at the end of every school year?

A final assessment, either by portfolio or standardized assessment, is required at the end of each school year, and must be kept on file for at least three (3) years. WVHEA recommends maintaining these assessments throughout your student’s education, beyond the required three years. 

 

Do I have to submit something to Preston County Schools every year?

When students are in grades 3, 5, 8, and 11, the final assessment must be submitted to the Superintendent of Schools or their designee, typically the Director of Attendance, on or before June 30th of each year.  West Virginia Code §18-8-1(c)(2)(D) provides in part that … “The person or persons providing home instruction shall obtain an academic assessment of the child for the previous school year and submit the result to the county superintendent.”   This assessment may be either a portfolio review by a certified teacher (The WVHEA has a list of certified teachers in your area who are familiar with the laws regarding homeschooling), or a standardized assessment.  The two West Virginia organizations below will provide you with input for where to obtain a standardized assessment. In Preston County, elementary and middle school students are welcome to come to their school of residence to take the standardized WV testing in the Spring of each year.  High school students in eleventh grade are welcome to come to Preston High School to take the School Day SAT test, offered in April every year.  Please contact Angela Zofchak by February 1st in order to register to take the assessments in the schools.

 

What happens if I don’t submit the required assessments?

Families who do not provide the required assessments for grades 3, 5, 8, and 11 to the county office by June 30th of each year are not in compliance with WV law and their students may be re-enrolled into their school of residence.  This could potentially lead to accruing absences and truancy as well as educational neglect charges. 

 

What if my child receives Special Education services through an IEP (Individualized Education Plan)?

If your student currently receives special education services through an IEP (Individualized Education Plan), the obligation to provide FAPE (Free Appropriate Public Education) does not apply.  This information is located in WV Policy 2419 Regulations for the Education of Students with Exceptionalities in Section 3 under Exceptions to FAPE, “students who are homeschooled.”  Please contact the Special Education Director at Preston County Schools for further information at 304-329-0580 ext 220. 

 

 What do I do if I want to re-enroll my student into public school in Preston County Schools?

Contact your school of residence or the school where your student last attended if you had an approved intracounty transfer, and request an appointment to re-enroll your student.  Contact the Director of Attendance at the PCS Office, Angela Zofchak, and provide your intent to terminate homeschool.  If your student is in pre-K, enrollment throughout the school year is dependent upon class sizes.  If the pre-K classes in your school of residence are full, you have the option of driving your pre-K student to another school that is not full.

 

What if I move out of Preston County while I am homeschooling?

If you change residences and move out of Preston County or the state of West Virginia, you are responsible for notifying the Superintendent or his designee, the Director of Attendance, that you have moved, immediately.

 

What resources are available to me as a homeschooling educator?

Should your child’s school of residence have materials available, they may offer you resources.  These resources are generally previously adopted textbooks and materials.  No materials are kept at the Board Office for this purpose.

 

Three websites you may turn to are WVHEA (West Virginia Home Educators Association) at https://wvhea.org , CHEWV (Christian Home Educators of West Virginia) at https://chewv.org and HSLDA (Home School Legal Defense Association) at https://hslda.org .  They will be able to provide you with information regarding homeschooling your student.

Additionally, CHEWV provides the full text of the HomeSchool law with the portions that are applicable to almost all homeschoolers highlighted in bold text for your convenience.  Notations in green italics are inserted to help clarify legal obligations. They provide this link to the Annotated Law with excellent side notes.

 

Please feel free to call the Director of Attendance & Student Support Services Angela Zofchak at 304-329-0580, extension 236, or email at atate@k12.wv.us for more information or assistance.

 

Why do I need to complete a Notice of Intent to Homeschool if my student will be enrolled in an accredited program such as Penn Foster, Acellus Academy, Power Homeschool, Liberty Online Academy, or another online school?

These programs are all geared toward the homeschooling family.  While they may be accredited in other states to provide a diploma, they are not accredited in the state of West Virginia for the purposes of compulsory education.  Therefore, families must submit a completed Notice of Intent to Homeschool, provide a copy of the proof of high school education from an adult who is supervising the homeschooling (diploma/transcript/GED), and comply with the West Virginia homeschool regulations to provide assessments, for homeschooled students in grades 3, 5, 8, and 11, to the Superintendent or designee, Director of Attendance, on or before June 30th of each year.

What does WV law say about homeschool?

 

ARTICLE 8. COMPULSORY SCHOOL ATTENDANCE

18-8-1. Compulsory school attendance; exemptions

Following is the text of the WV Law relating to home education in WV.  

(a) Exemption from the requirements of compulsory public school attendance established in section one-a of this article shall be made on behalf of any child for the causes or conditions set forth in this section. Each cause or condition set forth in this section is subject to confirmation by the attendance authority of the county. A child who is exempt from compulsory school attendance under this section is not subject to prosecution under section two of this article, nor is such a child a status offender as defined by section two hundred two, article one, chapter forty- nine of this code.

(b) A child is exempt from the compulsory school attendance requirement set forth in section one-a of this article if the requirements of this subsection, relating to instruction in a private, parochial or other approved school, are met. The instruction shall be in a school approved by the county board and for a time equal to the instructional term set forth in section forty-five, article five of this chapter. In all private, parochial or other schools approved pursuant to this subsection it is the duty of the principal or other person in control, upon the request of the county superintendent, to furnish to the county board such information and records as may be required with respect to attendance, instruction and progress of students enrolled.

(c) A child is exempt from the compulsory school attendance requirement set forth in section one-a of this article if the requirements of either subdivision (1) or subdivision (2) of this subsection, both relating to home instruction, are met.

The above statement is clear that home instruction is either under (1) OR (2) below.  Most homeschoolers choose (2).

(1) The instruction shall be in the home of the child or children or at some other place approved by the county board and for a time equal to the instructional term set forth in section forty-five, article five of this chapter. If the request for home instruction is denied by the county board, good and reasonable justification for the denial shall be furnished in writing to the applicant by the county board. The instruction shall be conducted by a person or persons who, in the judgment of the county superintendent and county board, are qualified to give instruction in subjects required to be taught in public elementary schools in the state. The person or persons providing the instruction, upon request of the county superintendent, shall furnish to the county board information and records as may be required periodically with respect to attendance, instruction and progress of students receiving the instruction. The state board shall develop guidelines for the home schooling of special education students including alternative assessment measures to assure that satisfactory academic progress is achieved.

(2) The child meets the requirements set forth in this subdivision: Provided, That the county superintendent may, after a showing of probable cause, seek from the circuit court of the county an order denying home instruction of the child. The order may be granted upon a showing of clear and convincing evidence that the child will suffer neglect in his or her education or that there are other compelling reasons to deny home instruction.

 If (2) is the chosen option, homeschoolers then must comply with letters (A) – (E).

(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.

(C) Annually, the person or persons providing home instruction shall obtain an academic assessment of the child for the previous school year in one of the following ways:

Listed below are the four options available to WV homeschoolers for the annual assessment.  

Choose one each year to comply with the law.

  • The child receiving home instruction takes a nationally normed standardized achievement test published or normed not more than ten years from the date of administration and administered under the conditions as set forth by the published instructions of the selected test and by a person qualified in accordance with the test’s published guidelines in the subjects of reading, language, mathematics, science and social studies. The child is considered to have made acceptable progress when the mean of the child’s test results in the required subject areas for any single year is within or above the fourth stanine or, if below the fourth stanine, shows improvement from the previous year’s results;

  • The child participates in the testing program currently in use in the state’s public schools. The test shall be administered to the child at a public school in the county of residence.  Determination of acceptable progress shall be based on current guidelines of the state testing program;

  • A portfolio of samples of the child’s work is reviewed by a certified teacher who determines whether the child’s academic progress for the year is in accordance with the child’s abilities. The teacher shall provide a written narrative about the child’s progress in the areas of reading, language, mathematics, science and social studies and shall note any areas which, in the professional opinion of the reviewer, show need for improvement or remediation. If the narrative indicates that the child’s academic progress for the year is in accordance with the child’s abilities, the child is considered to have made acceptable progress; or

  • The child completes an alternative academic assessment of proficiency that is mutually agreed upon by the parent or legal guardian and the county superintendent.

(D) A parent or legal guardian shall maintain copies of each student’s Academic Assessment for three years. When the annual assessment fails to show acceptable progress, the person or persons providing home instruction shall initiate a remedial program to foster acceptable progress. The county board upon request shall notify the parents or legal guardian of the child, in writing, of the services available to assist in the assessment of the child’s eligibility for special education services. Identification of a disability does not preclude the continuation of home schooling. In the event that the child does not achieve acceptable progress for a second consecutive year, the person or persons providing instruction shall submit to the county superintendent additional evidence that appropriate instruction is being provided.

(E) The parent or legal guardian 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 30 of the year in which the assessment was administered.

The section below (3) details what the county offers to the person providing home instruction.  Please note that these offerings are subject to availability and do not mention special needs resources.

(3) This subdivision applies to both home instruction exemptions set forth in subdivisions (1) and (2) of this subsection. The county superintendent or a designee shall offer such assistance, including textbooks, other teaching materials and available resources, all subject to availability, as may assist the person or persons providing home instruction. Any child receiving home instruction may upon approval of the county board exercise the option to attend any class offered by the county board as the person or persons providing home instruction may consider appropriate subject to normal registration and attendance requirements.

Listed below are additional exemptions to the compulsory education law.  

(d) A child is exempt from the compulsory school attendance requirement set forth in section one-a of this article if the requirements of this subsection, relating to physical or mental incapacity, are met. Physical or mental incapacity consists of incapacity for school attendance and the performance of schoolwork. In all cases of prolonged absence from school due to incapacity of the child to attend, the written statement of a licensed physician or authorized school nurse is required. Incapacity shall be narrowly defined and in any case the provisions of this article may not allow for the exclusion of the mentally, physically, emotionally, or behaviorally handicapped child otherwise entitled to a free appropriate education.

(e) A child is exempt from the compulsory school attendance requirement set forth in section one-a of this article if conditions rendering school attendance impossible or hazardous to the life, health or safety of the child exist.

(f) A child is exempt from the compulsory school attendance requirement set forth in section one-a of this article upon regular graduation from a standard senior high school or alternate secondary program completion as determined by the state board.

(g) A child is exempt from the compulsory school attendance requirement set forth in section one-a of this article if the child is granted a work permit pursuant to the subsection. After due investigation the county superintendent may grant work permits to youths under the termination age designated in section one-a of this article, subject to state and federal labor laws and regulations. A work permit may not be granted on behalf of any youth who has not completed the eighth grade of school.

(h) A child is exempt from the compulsory school attendance requirement set forth in section one-a of this article if a serious illness or death in the immediate family of the child has occurred. It is expected that the county attendance director will ascertain the facts in all cases of such absences about which information is inadequate and report the facts to the county superintendent.

(i) A child is exempt from the compulsory school attendance requirement set forth in section one-a of this article if the requirements of this subsection, relating to destitution in the home, are met. Exemption based on a condition of extreme destitution in the home may be granted only upon the written recommendation of the county attendance director to the county superintendent following careful investigation of the case. A copy of the report confirming the condition and school exemption shall be placed with the county director of public assistance. This enactment contemplates every reasonable effort that may properly be taken on the part of both school and public assistance authorities for the relief of home conditions officially recognized as being so destitute as to deprive children of the privilege of school attendance. Exemption for this cause is not allowed when the destitution is relieved through public or private means.

(j) A child is exempt from the compulsory school attendance requirement set forth in section one-a of this article if the requirements of this subsection, relating to church ordinances and observances of regular church ordinances, are met. The county board may approve exemption for religious instruction upon written request of the person having legal or actual charge of a child or children. This exemption is subject to the rules prescribed by the county superintendent and approved by the county board.

(k) A child is exempt from the compulsory school attendance requirement set forth in section one-a of this article if the requirements of this subsection, relating to alternative private, parochial, church, or religious school instruction, are met. Exemption shall be made for any child attending any private school, parochial school, church school, school operated by a religious order or other nonpublic school which elects to comply with the provisions of article twenty-eight of this chapter.

(l) Completion of the eighth grade does not exempt any child under the termination age designated in section one-a of this article from the compulsory attendance provision of this article.