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ACROSS THE STATES

VIRGINIA

"Approval" required?

On May 10, the Virginia Beach City Public Schools Office of Student Services sent a letter to homeschooling families telling them that they must notify the superintendent of their intention to homeschool by August 1 of each year. The attached "notice of intent" form repeated the mistake.* The correct date, of course, is August 15.

Home School Legal Defense Association Attorney Scott Woodruff called the author of the letter, who immediately recognized the error. She said her office had received many phone calls from alert parents.

The letter also suggested that parents must "apply" to homeschool and obtain "approval" from the school system. Under Virginia law, homeschooling families do not need to either apply for or obtain approval. Families simply file a notice of intent, and they can begin home instruction immediately. The author of the letter promised to review its language and address our "approval" concerns before sending it out again next year.

This is not a trivial issue.

Only a tiny handful of states have laws that require the approval of an official before a family can start homeschooling. In those states, if an official's error delays approval, a family who has already started homeschooling could immediately be in jeopardy of prosecution. Or, out of fear of prosecution, they might leave their children in public school longer than they should while they wait for approval.

On the other hand, in states that do not require an official's approval, there is generally a presumption that the family is in compliance with the law from the moment they start homeschooling. During the time it takes to rectify an official's error, there is minimal fear of prosecution partly because the presumption helps protect the family.

Virginia's requirement of notice only-not approval-is an important safeguard for our liberties. When officials imply that approval is required, HSLDA stands ready to respond in defense of your freedom.