The Home School Court Report
Vol. XXVII
No. 2
Cover
March/April
2011

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WEST VIRGINIA

50% Means 50%

After submitting timely test scores with a mean that was above the 50th percentile, one Home School Legal Defense Association member family received a surprising letter from the school district claiming that in order to continue homeschooling, they would have to initiate a remedial program to foster acceptable progress.

Although the family’s son had scored lower than 50% in a couple subject areas, the mean of his scores was still well above the threshold for “acceptable progress.” (West Virginia law provides that when the mean of the test scores is above the 50th percentile, the child “shall be considered to have made acceptable progress.”) The family immediately contacted HSLDA to find out whether they were indeed required to initiate a remedial program of instruction.

HSLDA Staff Attorney Michael Donnelly wrote a letter to the school district clarifying the law, showing that the child had indeed made adequate progress, and asserting that the family did not have to initiate remedial instruction. The family received no further contact from the district.

For a variety of reasons, public school officials are often ignorant of the specifics of homeschool laws. HSLDA is pleased to be able to apply our 28 years of legal expertise on behalf of our members to clear up these kinds of misunderstandings.

— by Michael P. Donnelly