Originally Sent: 7/23/2014

From the HSLDA e-lert service…
Home School Legal Defense Association

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Hampton: What’s Wrong With Their Notice of Intent Form?

Homeschooling in Virginia.

Contact us if you need help.

Senior Counsel Scott Woodruff answers questions and assists members with legal issues in your state. He and his wife homeschooled their children.

Dear HSLDA Members in Hampton:

The Notice of Intent Form that Hampton offers to homeschool families is replete with errors.  We urge families to avoid using it and use HSLDA’s form instead (available only to HSLDA members), or contact us to see if you are eligible for a religious exemption.

Here is a point-by-point explanation of what is wrong with the Hampton form in light of Virginia’s home instruction statute, Virginia Code section 22.1-254.1.

1. The form says you MUST use the form.

The law says families are not required to use any form AT ALL. (But if you want to use a form, HSLDA’s fully lines up with Virginia homeschool law.)

2. The form says it is an "application."

The law says that the notice of intent is a notice.  This is an important distinction from an application. If one "applies" for something, one does not have the thing one is seeking until the application is granted. A "notice," on the other hand, is effective as soon as notice is given. Once a Virginia family files a notice of intent, they can begin homeschooling legally —immediately—without waiting for any response from the school system.

3. The form says your homeschool application will be considered by the school board.

The law does not give the school board a role in homeschooling (or "home instruction", as it is known in the law).  The notice of intent goes to the superintendent, not the school board. (The board plays an important role in religious exemptions, however.)

4. The form says it must be signed under oath and notarized.

The law imposes no such requirement.

5. The form says students age 10 or older must sign it.

The law imposes no such requirement.

6. The form requires the child’s date of birth and phone numbers.

The law imposes no such requirement.

7. The form requires the family to state whether the child is enrolled in any program which is offered as an alternative to public instruction and asks whether such program has been approved by the superintendent.

The law imposes no such requirement.

8. The form requires families to provide assurance that they will comply with the home instruction statute.

The law imposes no such requirement.

HSLDA will continue to ask school systems to fix errors as we find them, but there is no mechanism by which we can force school system to offer forms that comply 100% with Virginia law. And with over a hundred school systems in Virginia, and high employee turnover in many places, school systems are constantly inserting legal errors into their homeschool forms. If you want to avoid being pressured to submit to demands that are out of line with Virginia law, use HSLDA’s notice of intent form.

Thank you for standing with us for freedom!

Scott A. Woodruff, Esq.,
Senior Counsel,
Home School Legal Defense Association
540 338-5600

The HSLDA E-lert Service is a service of:

Home School Legal Defense Association • P.O. Box 3000 • Purcellville, Virginia 20134-9000
Phone: (540) 338-5600 • Fax: (540) 338-2733 • Email: info@hslda.org
Web: http://www.hslda.org

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