West Virginia
Confusion About Notice of Intent
The State Superintendent of Schools, Dr. John Pisapia, has taken a diversion from previous positions of state superintendents regarding the issue of “plan of instruction” as part of the home school exemptions pursuant to West Virginia Code§ 18-8-1 B(b). The code says that the parent must have a plan of instruction. It does not say that the plan must be submitted with the notice of intent. However, the present superintendent has stated in writing that home schoolers must submit the plan of instruction to the local school district. Previous superintendent Tom McNeel, superintendent at the time the law was passed, took the opposite view.
The basis given for the opinion by the superintendent is even more troubling. It is his opinion that although the notice of intent does not have to be filed each year, the plan of instruction does so that the school district can evaluate the program (i.e. approve the plan of instruction). This clearly exceeds the intent of the legislature. The legislature passed the notice of intent home school law because the home school law which required approval from the local school board was not being followed by the home schoolers.
HSLDA contends that the standardized test is the sole determiner of the right to home school, assuming compliance with the qualification requirements set out in the home school law and the filing of the notice of intent.
At this time Attorney J. Michael Smith is seeking support from those who drafted and sponsored the home school law in order to better understand their intent regarding the plan of instruction. When those statements have been received, we will again address the state superintendent.
