West Virginia
Confusion Governs Home School Reporting
Confusion remains within the West Virginia Department of Education and certain school districts regarding the difference between the two home school options in the state of West Virginia. An example of this is the non-public school attendance report prepared by the West Virginia Department of Education and distributed by the Kanawah County Schools. The report appears to have been designed for private schools, but it also provides a blank to be checked for home instruction. If a person checks home instruction, he must indicate whether the exemption is granted pursuant to B(a) or B(b).
Several home schoolers in Kanawah County have informed the County School District that the form does not apply to them. The county responded, however, that they must fill out the form or they will place their home school exemption status in jeopardy. Information requested in the attendance report includes the length of the school term, number of non-instructional employees, total number of high school graduates (distinguishing boys from girls), and an enrollment summary by grade and sex.
The only plausible argument that could be made on behalf of the State Department of Education that home educators should be required to fill out the form is the language contained in West Virginia Code 18-8-1B(a), the approval provision for home education. Section B(a) states that “it is the duty of persons providing home instruction, upon the request of the county superintendent, to furnish to the county board of education information and records as may be required from time to time with respect to attendance, instruction and progress of pupils enrolled in the home instruction program.”
If, however, families are home schooling pursuant to paragraph B(b), there is no provision for the State Department of Education or the county superintendent to require any information other than what is required on the notice of intent to home school. The notice of intent must include proof of a high school diploma or equivalent, evidence of formal education at least four years higher than the most academically-advanced child for whom home instruction will be provided, or achievement of a score on the National Teacher's Examination sufficient for teacher certification in West Virginia. Under paragraph B(b), parents providing home instruction are to outline a plan of instruction, and any child receiving home instruction is to be annually tested with a standardized achievement test. The results of the test are to be provided to the county superintendent.
Another example of the Department of Education's refusal to recognize the distinction between the two home school provisions is contained in a memorandum dated July 24, 1991. In the memo the Department of Education explains its requirement, pursuant to passage of H.B.101, to develop guidelines for home schooling special education students. These guidelines should only apply under exemption B(a). However, the guidelines proposed by the Office of the Special Education Director make no distinction between exemption B(a) and exemption B(b) and seem to indicate that they apply to both B(a) and B(b) students.
HSLDA attorney J. Michael Smith and representatives from both home-schooling organizations in the state of West Virginia have voiced their objection to the proposed guidelines and are offering alternatives. HSLDA will keep you informed regarding progress in this matter.
