DEPARTMENT OF EDUCATION
P.O.
SUPTS. MEMO NO. 080
April 4, 2008
INFORMATIONAL
|
TO: |
Division
Superintendents |
|
FROM: |
Billy K.
Cannaday, Jr. Superintendent
of Public Instruction |
|
SUBJECT: |
2008
Legislation Impacting Home Instruction |
This
memorandum provides information regarding changes made to
22.1-254.1 of the Code of Virginia governing home instruction during the 2008 General Assembly
Session through HB 767 and HB
1183. The changes
are effective July 1, 2008.
Legislative Changes Related
to HB 767
Currently
22.1-254.1 of the Code of Virginia
provides:
22.1-254.1.
Declaration of policy; requirements for home instruction of children.
A.
When the requirements of this section have been satisfied, instruction of
children by their parents is an acceptable alternative form of education under
the policy of the
HB 767, passed
by the General Assembly and approved by the Governor, will be become law on
July 1, 2008. This legislation eliminates
certain requirements in 22.1-254.1 of the Code of Virginia, including the
option that allows parents to enroll their children in correspondence courses
approved by the Superintendent of Public Instruction for purposes of meeting
the requirements for home instruction. As of July 1, 2008, the Superintendent
of Public Instruction will no longer be required to approve these
programs. Therefore, the department will
not require correspondence programs to submit application materials for approval
unless the program offered is a driver education correspondence program as
specified in 22.1-205
(see http://www.dmv.virginia.gov/webdoc/citizen/drivers/homeschoolers.asp
for additional information.) Beginning
July 1, 2008, this department will no longer maintain a list of approved
correspondence programs on its website, located at http://www.doe.virginia.gov/VDOE/Parents/corrcour.html.
The
provisions of HB 767
continue to allow parents to use a correspondence school or distance learning
program as part of a program of study or curriculum in order to meet the
requirements for home instruction. However,
this bill has deleted the option that allowed parents to provide a program of
study or curriculum which in the judgment of the division superintendent
include the SOL objectives adopted by the Board of Education for language arts
and mathematics. Parents may continue to
use the SOL objectives as a basis for their program of study or curriculum under
any of the options in 22.1-254.1.A.,
as of July 1, 2008. However, local
school division superintendents no longer have to review the program of study
or curriculum provided to ensure that it contains the SOL for language arts and
mathematics. Regardless of the parents' chosen option under 22.1-254.1.A.,
the law continues to require that parents submit a program of study or
curriculum.
Legislative Changes Related
to HB
1183
HB
1183, also passed by the General Assembly and approved by the Governor,
will become law on July 1, 2008. This
legislation affects the evidence of progress requirements outlined in
22.1-254.1.C of the Code of Virginia.
Currently, the law states:
22.1-254.1.
Declaration of policy; requirements for home instruction of children.
C.
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.
HB
1183 specifies two additional options for parents to provide evidence of
progress for the child receiving home instruction under option (ii) of this
section including: (a) an evaluation letter from a person licensed to teach in
any state, or a person with a master's degree or higher in an academic
discipline, having knowledge of the child's academic progress, stating that the
child is achieving an adequate level of educational growth and progress; or (b)
a report card or transcript from a community college or college, college
distance learning program, or home education correspondence school. Although it is not specified in the current
law, these provisions are already being used by some parents to meet the
requirement for evidence of academic progress.
The amended law clarifies that these are acceptable options but
maintains the requirement that the division superintendent determine that the child
is achieving an adequate level of educational growth and progress.
Please
contact Michelle Vucci, director of the Policy Office, at Michelle.Vucci@doe.virginia.gov
or at 804-225-2092 if you have any questions.
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