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In a recent press release, the Russell County School System announced it "wishes to make the public aware of the changes in the Virginia Code regarding home-instructed students." It stated that the "new law," which it said took effect on July 1, 2002, specifies the way parents of these students obtain "permission" to homeschool their children.

Russell County claimed that this supposed new law requires parents to notify the school district of their intent to homeschool by August 1. The press release said the "old law" (actually still current law) contained two deadlines: 1) submission of the annual evaluation by August 1; and 2) submission of the notification of intent to homeschool by August 15. It said the "new law" would make August 1 the deadline for both items.

However, the Virginia Code covering deadlines for submitting the notice of intent form has not changed this year. Russell's press release cited subsection "C" of the homeschool law as referring to the notification requirement and stated that it was changed. This is not true. Subsection "C" actually refers to the assessment or evaluation requirement and the deadline for that (which is August 1) remains the same.

Home School Legal Defense Association immediately sent a letter to Mr. Larry Hartsock of the Russell County Schools to clear up this matter.

Several days later, a member family forwarded us a copy of the county's notice of intent form. The form contained two significant errors: First, Russell County did not list for parents the option of submitting an "alternate evaluation" to show progress in lieu of test scores. (Virginia provides two options--testing, or submitting an alternate evaluation or assessment.)

Second, the bottom of the form stated that homeschooled children must receive a minimum of 40% on their test scores before being "approved." However, children instructed at home must actually receive a minimum composite score only in the 23rd percentile. Furthermore, families do not need "approval" to homeschool; they merely file the required annual notice if not otherwise exempt.