Even though West Virginia does not highly regulate homeschooling, there are some West Virginia homeschool requirements you must satisfy when you homeschool:

• Begin homeschooling by age 6.
• File the required notice of intent to provide home instruction upon beginning home instruction.
• Provide instruction “in the home of the child or children or at some other place approved by the county board and for a time equal to the instructional term set forth in §18-5-45 of this code (see below)” (§18-8-1(1)).
• Provide instruction in the following required subjects: reading, language, mathematics, science and social studies (§18-8-1(2A)).
• Arrange for the annual assessment of your child (§18-8-1(2A)) and “submit to the county superintendent the results of the academic assessment of the child at grade levels three, five, eight and 11, as applicable, by June 30 of the year in which the assessment was administered” (§18-8-1(2E)).
• “Notify the county superintendent upon termination of home instruction for a child who is of compulsory attendance age” (§18-8-1(2A)).
• Stay current with homeschooling laws and requirements.

Per §18-5-45(c2), an “instructional term” for students is defined as “no less than one hundred eighty separate instructional days.” Within this instructional term, an “instructional day” meets the following criteria:

“Instruction is offered to students for at least the minimum number of minutes as follows:

• For early childhood programs as provided in subsection (d) section forty-four of this article [§18-5-44];
• For schools with grade levels kindergarten through and including grade five, 315 minutes of instructional time per day;
• For schools with grade levels six through and including grade eight, 330 minutes of instructional time per day; and
• For schools with grade levels nine through and including grade twelve, 345 minutes of instructional time per day” (§18-5-45 (a1A)).

Do I need to administer testing to my homeschooler?

In accordance with §18-8-1(2C), “Annually, the person or persons providing home instruction shall obtain an academic assessment of the child for the previous school year in one of the following ways:

• The child receiving home instruction takes a nationally normed standardized achievement test published or normed not more than 10 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 child is considered to have made acceptable progress when the mean of the child’s test results in the required subject areas for any single year is within or above the fourth stanine or, if below the fourth stanine, shows improvement from the previous year’s results;
• The child participates in the testing program currently in use in the state’s public schools. The test shall be administered to the child at a public school in the county of residence. Determination of acceptable progress shall be based on current guidelines of the state testing program;
• A portfolio of samples of the child’s work is reviewed by a certified teacher who determines whether the child’s academic progress for the year is in accordance with the child’s abilities. The teacher shall provide a written narrative about the child’s progress in the areas of reading, language, mathematics, science and social studies and shall note any areas which, in the professional opinion of the reviewer, show need for improvement or remediation. If the narrative indicates that the child’s academic progress for the year is in accordance with the child’s abilities, the child is considered to have made acceptable progress; or
• The child completes an alternative academic assessment of proficiency that is mutually agreed upon by the parent or legal guardian and the county superintendent.”

“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 11, as applicable, by June 30 of the year in which the assessment was administered” (§18-8-1(2E)).

“The state board shall develop guidelines for the home schooling of special education students including alternative assessment measures to assure that satisfactory academic progress is achieved” (§18-8-1(1)).

What happens to my child’s annual testing results?

“When the annual assessment fails to show acceptable progress, the person or persons providing home instruction shall initiate a remedial program to foster acceptable progress. The county board upon request shall notify the parents or legal guardian of the child, in writing, of the services available to assist in the assessment of the child’s eligibility for special education services. Identification of a disability does not preclude the continuation of home schooling. In the event that the child does not achieve acceptable progress for a second consecutive year, the person or persons providing instruction shall submit to the county superintendent additional evidence that appropriate instruction is being provided” (§18-8-1(2D)).

Note that “the county superintendent may, after a showing of probable cause, seek from the circuit court of the county an order denying home instruction of the child. The order may be granted upon a showing of clear and convincing evidence that the child will suffer neglect in his or her education or that there are other compelling reasons to deny home instruction” (§18-8-1(2)).

What records do I need to keep when I homeschool my child?

In order to homeschool in West Virginia, there are certain records you are required to maintain. According to §18-8-1(1), “The person or persons providing the instruction, upon request of the county superintendent, shall furnish to the county board information and records as may be required periodically with respect to attendance, instruction and progress of students receiving the instruction.” This includes the requirement to keep copies of your child’s annual assessments for three years (§18-8-1(2D)).

In addition to the required recordkeeping, we also recommend you do some personal recordkeeping to provide verification of education in the event you would need to show some form of educational proof to the state or other legal entities or to prepare for re-entry into public school or postsecondary pathways. This includes the following:

• Attendance
• Immunization records
• Lists of texts and workbooks used
• Student schoolwork samples and/or portfolios
• Test and evaluation results
• Correspondence with school officials

You may also be able to find more information on West Virginia homeschool requirements through your local school district.