West Virginia Homeschool Requirements

Under WV Code § 18-8-1(c)(2), the parent must provide a notice of intent to the county superintendent (or designee) that includes the name, address, and age of the child and assurance that instruction will be provided in reading, language arts, mathematics, science, and social studies. The notice is one-time (not annual) unless the family establishes residence in a new county, at which point a new notice must be filed with the new county superintendent and the previous superintendent notified. If a child is enrolled in public school, the notice must be given on or before the date home instruction is to begin.

Under WV Code § 18-8-1(c)(2), the notice of intent must include assurance that the child will receive instruction in reading, language arts, mathematics, science, and social studies. The WVDE guidance confirms: 'Parents may choose any curriculum they see fit in the education of their child.' No specific curriculum, textbooks, or methods are mandated. These same five subjects are the areas on which annual assessments must be administered.

Under WV Code § 18-8-1(c), there is no specified minimum number of instructional days or hours required for home instruction in West Virginia. The WVDE guidance explicitly states: 'Parents who wish to provide home instruction do not have a set instructional year.' This distinguishes WV from neighboring states with day or hour requirements. The WV Code § 18-8-1(c)(1) pathway (county board-approved home instruction) requires instruction 'for a time equal to the instructional term set forth in § 18-5-45,' but the standard pathway under § 18-8-1(c)(2) does not impose this requirement.

Under WV Code § 18-8-1(c)(2)(C) (and confirmed by WVDE guidance), the annual assessment options are: (i) a nationally normed standardized achievement test published or normed within the previous 10 years, administered under published conditions by a qualified person, covering reading, language arts, mathematics, science, and social studies; (ii) participation in the state's public school testing program at a county public school; (iii) a portfolio review by a certified teacher who provides a written narrative about progress in the five subjects and notes any areas needing remediation; or (iv) an alternative academic assessment mutually agreed upon by the parent and county superintendent. Results must be submitted to the county superintendent at grade levels 3, 5, 8, and 11 by June 30 of the assessment year. Parents must maintain copies of assessments for three years.

Under WV Code § 18-8-1(c)(2)(E), parents must maintain copies of each student's academic assessment for three years. Assessment results must be submitted to the county superintendent at grades 3, 5, 8, and 11 by June 30. If the annual assessment fails to show acceptable progress, the instructing person must initiate a remedial program. If progress is not achieved for a second consecutive year, additional evidence of appropriate instruction must be submitted to the county superintendent.

Under WV Code § 18-8-1(c)(2)(B) (and confirmed by WVDE), the person or persons providing home instruction must submit satisfactory evidence of: a high school diploma or equivalent; or a post-secondary degree or certificate from a regionally accredited institution; or a post-secondary degree or certificate from an institution authorized to confer degrees in West Virginia by the WV Council for Community and Technical College Education or the WV Higher Education Policy Commission. No teaching license or certificate is required.

WV Code § 18-8-1 does not require immunization documentation for home instruction enrollment. However, WV Code § 18-2-25(d)(5) provides that home-instructed students participating in interscholastic athletic events and extracurricular activities must 'agree to obey all rules of the West Virginia Secondary School Activities Commission governing awards, all-star games, parental consents, physical examinations, and vaccinations applicable to all high school athletes.' WVSSAC regulations (W. Va. Code R. § 127-2-3.11.c) require that participating home-school students 'have received all vaccinations as required for school attendance by West Virginia state code.'

Under WV Code § 18-8-1(c)(1), the state board must develop guidelines for home schooling of special education students including alternative assessment measures to assure satisfactory academic progress. Under § 18-8-1(c)(2)(D) (assessment provision), when assessment fails to show acceptable progress, the county board must notify parents of services available to assist in assessing the child's eligibility for special education services; identification of a disability does not preclude continuation of home instruction. The WVDE guidance confirms that county superintendents or designees shall offer assistance with instructional resources and available services.

Under WV Code § 18-8-1(c)(2), if a child is currently enrolled in public school, the Notice of Intent must be filed with the county superintendent on or before the date home instruction begins. When moving to a new county, a new Notice of Intent must be filed with the new county superintendent and the previous county superintendent must be notified. Under WV Code § 18-8-1a and as noted by WVDE, public schools are required to accept credits upon enrollment in a West Virginia public school, though home-instructed students do not earn credits through the public school system.

Under WV Code § 18-8-1a, compulsory school attendance applies to children ages 6 through 17. WV Code § 18-8-1(c) provides an exemption from compulsory public school attendance for children receiving home instruction that meets the requirements of the statute. The Hope Scholarship Program (WV Code § 18-31-1 et seq.) and microschool/learning pod provisions (§ 18-8-1(n)) provide additional pathways that also exempt children from compulsory public school attendance.

Under WV Code § 18-8-12, a person who administers a program of secondary education in a home school setting may issue a diploma to a person who has completed the program of secondary education. Such a diploma is legally sufficient to demonstrate that the person has a high school diploma or equivalent. No state agency or institution of higher learning in West Virginia may reject or treat a person differently solely on the grounds of the source of such a diploma. The WVDE confirms this on its Homeschool State Code guidance page.

Under WV Code § 18-2-25(d), the West Virginia Secondary School Activities Commission (WVSSAC) must consider eligible for participation in interscholastic athletic events and extracurricular activities any student receiving home instruction under § 18-8-1(c), participating in the Hope Scholarship Program, or participating in a microschool or learning pod, provided the student: (1) demonstrates satisfactory academic progress with average test results at or above the fourth stanine in all subject areas; (2) has not reached age 19 by August 1 of the current school year; (3) is an amateur; (4) agrees to comply with WVSSAC and county board disciplinary rules; and (5) agrees to comply with WVSSAC rules on awards, all-star games, parental consents, physical exams, and vaccinations. Eligibility is limited to the public secondary school serving the student's attendance zone. Reasonable fees may be charged.