DEPARTMENT OF EDUCATION
P.O.
SUPTS. MEMO NO.124
June 9, 2006
INFORMATIONAL
|
TO: |
Division
Superintendents |
|
FROM: |
Patricia I.
Wright Acting Superintendent
of Public Instruction |
|
SUBJECT: |
2006 Legislation
Impacting Home Instruction |
This
memorandum provides information regarding changes made to the law governing
home instruction during the 2006 General Assembly Session through SB 499, HB
1340, HB 1483, and HB 1588. HB 1340 and
SB 499 are similar. The changes in all
of these bills are effective July 1, 2006.
General
Requirements
As of July 1,
2006,
22.1-254.1.A of the Code of Virginia will allow the parent of any child who
will have reached the fifth birthday on or before September 30 of any school
year and who has not passed the 18th birthday to elect to home
school a child if the parent meets one of the following:
SB 499 and
HB 1340 amended 22.1-254.1.A of
the Code of Virginia (option 1) to allow a parent to elect to home school a
child if the parent has a high school diploma and meets the other requirements
of the law. Although a baccalaureate degree from an accredited institution is
no longer required to satisfy this option, a parent who has a high school
diploma or higher would meet this requirement. Under options 1 and 2, the parent must
continue to submit a description of the curriculum to be followed for the
coming year, but the superintendent is not required to make any judgment
regarding its suitability.
Another
bill, HB 1483, amended 22.1-254.1.A (option 4) to provide that a parent
electing that option must provide a program of study or curriculum, which, in the judgment of the
division superintendent, includes the Standards of Learning objectives adopted
by the Board of Education for language arts [English] and mathematics, or
provide evidence that the parent is able to provide an adequate education for
the child. This change allows a parent to satisfy option 4 by meeting either of
the provisions in that option. In
reviewing a program of study or curriculum, the division superintendent must
use judgment to determine whether or not the program of study includes the
required Standards of Learning objectives. To assess a parents ability to provide an
adequate education, the division superintendent should determine whether the
information submitted exhibits a mastery of language by the writer; whether it
includes plans for instructional activities; and whether it presents a
reasonable scope and sequence of content that shows a broad overview of what
the parent plans to teach the child during the school year.
HB
1483 also clarified 22.1-254.1.B to provide that parents who move into the
school division or begin home schooling after the school year has begun must
notify the school division of their intent to home school as soon as
practicable and shall thereafter comply with the requirements within 30
days of such notice. This means subsequent to providing the school division
with a notice of intent, such parents can begin home schooling and they will
have 30 days to submit the other information required.
Section 22.1-254.1 also
requires parents to comply with the following provisions annually:
Notify the school division of the intent to home school the
child no later than August 15 ( 22.1-254.1.B).
Provide evidence to the school division indicating that one
of the options or criteria in 22.1-254.1.A has been met ( 22.1-254.1.B).
These requirements have not
changed.
Evidence
of Academic Progress
As amended by HB 1483, 22.1-254.1.C provides:
The
parent who elects to provide home instruction shall provide the division
superintendent by August 1 following the school year in which the child has
received home instruction with either (i) evidence that the child has attained
a composite score in or above the fourth stanine on any nationally normed
standardized achievement test or (ii) an evaluation or assessment which the
division superintendent determines to indicate that the child is
achieving an adequate level of educational growth and progress. [emphasis
added]
Although
there are numerous tests and evaluations that may meet the requirements of this
section of the law, this department does not maintain a list of approved tests
and evaluations. The Department of
Education encourages parents to consult with school divisions and other
resources such as parent home instruction organizations to determine which test
or method of evaluation best meets their needs and provides sufficient
information.
This
consultation is for information purposes only because a parent may use any
nationally normed standardized achievement test as evidence of academic
achievement. Please note, however, that
the evaluation or assessment referenced must be sufficient to allow the
division superintendent to determine that the child is achieving an adequate
level of educational growth and progress.
Advanced Placement Tests and Preliminary Scholastic
Aptitude Tests
Section 22.1-254.1.F currently
requires school boards to implement a plan to notify students who are home
schooled and their parents about the availability of Advanced Placement (AP)
and the Preliminary Scholastic Aptitude Test (PSAT) examinations and the
availability of financial assistance to low-income and needy students taking
these examinations. That requirement was
passed by the General Assembly in 2005. In
the 2006 Session, HB 1588 amended
22.1-254.1.F to require
school boards to implement a plan to make AP and PSAT examinations available to
students receiving home instruction.
As required by SB 499 ( 22.1-254.1), the Department of
Education must monitor the implementation of this bill with reference to the
modification of the criteria to allow a parent to home school if that parent
holds a high school diploma; and communicate any findings and appropriate
recommendations to the 2008 Session of the General Assembly. School divisions will receive information
about this process at a later date.
Additional clarification about home instruction can be found on this departments
website at http://www.doe.virginia.gov/VDOE/Parents/index.html or in the departments home instruction handbook.
Please
contact Michelle Vucci, in the Division of Policy and Communications, at the
above address, by e-mail at Michelle.Vucci@doe.virginia.gov,
or by telephone at (804)225-2092 if you have any questions.
PIW/SGP/jcj