Chapter 18, Article 8, Section 1 lays out the compulsory school attendance requirement in West Virginia, and the exemptions–including homeschooling. In order to qualify for exemption c, subdivision 2, you must begin homeschooling with an NOI (parts A and B), and “obtain an academic assessment of the child for the previous school year“.
There are four ways to do this, two of which are not usually recommended.
- WVHEA offers the first option every spring: “a nationally normed standardized achievement test published or normed not more than ten years from the date of administration and administered under the conditions as set forth by the published instructions of the selected test and by a person qualified in accordance with the test’s published guidelines in the subjects of reading, language, mathematics, science and social studies”
- The third option is a portfolio review by a certified teacher. This is a recommended method, although WVHEA does not typically recommend working with public school teachers because they are rarely aware of the legal requirements of homeschooling. WVHEA maintains a list of portfolio reviewers, although WVHEA does not endorse any particular reviewer. The homeschooling parent is responsible for locating a portfolio reviewer with whom they feel comfortable, and paying for the portfolio review.
- The second option (the testing program currently in use in the state’s public schools) is not usually recommended, because homeschoolers are legally required to obtain the results by June 30, while the public school testing program results are often not yet back by then. Every year, WVHEA takes calls from homeschoolers who have been contacted by their local BOEs because they have not yet turned in their annual assessments, because the results aren’t yet available to them. Therefore, this option is not usually recommended.
- The final option is “an alternative academic assessment of proficiency that is mutually agreed upon by the parent or legal guardian and the county superintendent.” This is not typically recommended because of the imbalance of power between the homeschooling parent and the county superintendent. Every year, WVHEA takes calls from homeschoolers who chose this option, and find that they’re having difficulty working with the superintendent’s designee, usually because they’re not aware of the law. Therefore, this option is not usually recommended.
Once the option is selected, you are required to keep copies of each child’s academic assessment for 3 years. These assessments assist parents in combating charges of educational neglect.
“The parent or legal guardian shall submit to the county superintendent the results of the academic assessment of the child at grade levels three, five, eight and eleven, as applicable, by June 30 of the year in which the assessment was administered.”
Holding a child back or double-promoting a child does not exempt them from the requirement for an assessment for a given grade level.