405R-D - Home Instruction

Frederick County Public Schools recognizes that when the requirements of Va. Code § 22.1-254.1 are complied with instruction of children by their parents is an acceptable alternative form of education under the policy of the Commonwealth of Virginia. Any 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 eighteenth birthday may elect to provide home instruction in lieu of school attendance if the parent: 
  1. holds a high school diploma or higher credential (but not a high school equivalency certificate) and provides the school division with a description of the curriculum to be followed; or

  2. meets the qualifications for a teacher as prescribed by the Board of Education and provides the school division with a description of the curriculum to be followed; or

  3. provides a program of study or curriculum which may be delivered through a correspondence school or distance learning program or any other manner; or

  4. provides evidence that the parent is able to provide an adequate education for the child. 

  1. Definition

    For purposes of this regulation, "parent" means any parent, guardian, legal custodian or other person having control or charge of a child. 

  2. Notification by Parents

    Any parent who elects to provide home instruction in lieu of school attendance shall annually notify the superintendent no later than August 15 of the parent’s intention to so instruct the child and provide a description of the curriculum, limited to a list of subjects to be studied during the coming year and evidence of having met one of the criteria for providing home instruction. Any parent who moves into a school division or begins home instruction after the school year has begun shall notify the superintendent of the parent’s intention to provide home instruction as soon as practicable and shall comply with the requirements of this regulation within thirty days of such notice. The superintendent shall notify the Superintendent of Public Instruction of the number of students in the school division receiving home instruction.

  3. Evidence of Progress 

    A parent who elects to provide home instruction to a child who is over the age of six as of September 30 of the school year shall provide the 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 with a 1998 or later publication date or an equivalent score on the ACT, SAT or PSAT test or (ii) an evaluation or assessment which the superintendent determines to indicate that the child is achieving an adequate level of educational growth and progress, including but not limited to: (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.

    In the event that evidence of progress as required in this subsection is not provided by the parent, the home instruction program for that child may be placed on probation for one year. 

    Parents shall file with the superintendent evidence of their ability to provide an adequate education for their child and a remediation plan for the probationary year which indicates their program is designed to address any educational deficiency. 

    Upon acceptance of such evidence and plan by the superintendent, the home instruction may continue for one probationary year. If the remediation plan and evidence are not accepted or the required evidence of progress is not provided by August 1 following the probationary year, home instruction shall cease and the parent shall make other arrangements for the education of the child which comply with Va. Code § 22.1- 254.

  4. Immunizations

    Any parent, guardian or other person having control or charge of a child being home instructed, exempted or excused from school attendance shall comply with the immunization requirements provided in Va. Code §32.1-46 in the same manner and to the same extent as if the child has been enrolled in and is attending school. Upon request by the superintendent, the parent shall submit to such superintendent documentary proof of immunization in compliance with Va. Code § 32.1-46. 

    No proof of immunization shall be required of any child upon submission of (i) an affidavit to the division superintendent stating that the administration of immunizing agents conflicts with the parent's or guardian's religious tenets or practices or (ii) a written certification from a licensed physician or nurse practitioner that one or more of the required immunizations may be detrimental to the child's health, indicating the specific nature of the medical condition or circumstance that contraindicates immunization. 

  5. Notification to Parents 

    Advanced Placement (AP), Preliminary SAT/National Merit Scholarship Qualifying Test (PSAT/NMSQT) and PreACT examinations are available to students receiving home instruction pursuant to Va. Code § 22.1-254.1. The superintendent establishes a schedule identifying the dates by which students receiving home instruction must register to participate in such examinations. The superintendent notifies students receiving home instruction and their parents of the registration deadlines and the availability of financial assistance to low-income and needy students to take such examinations. 

    All home instruction under Virginia Code 22.1-254.1 must be reviewed annually by the superintendent of schools or designee. Parents must supply the necessary materials for review and may receive assistance from the office of the director of student support services. 

  6. Materials Required to Comply with Home Instruction Requirements. 

    For each year of home instruction the parent must present a completed Intent to Provide Home Instruction Form with required documentation of the parent’s qualifications and the program description. Information is available in the office of the director of student support services.
     
  7. Entering a Public School From Home Instruction

    1. An elementary or middle school student enrolling or re-enrolling in public school from home instruction must meet the established grade level assignment criteria for Frederick County Public Schools. A student’s grade level assignment will be based on evidence of achievement and verification of mastery of course content as reflected in results of assessments administered by Frederick County Public Schools.

    2. A high school student entering or returning to Frederick County Public Schools from home instruction will earn credits appropriate to the student’s age and grade level in the following manner:

      • Credit will be considered for academic courses in which a student has documentation of passing such courses through a home education correspondence school. 

      • Credit will be considered for academic courses for which the parent or student submits a portfolio that reflects course content and evidence of study and mastery. 

      • Students whose record reflects either (a) or (b) above will be administered assessments approved by Frederick County Public Schools as needed to verify mastery of course content. Efforts will be made to complete the testing within twenty (20) school days after the date of registration. 

      • Credit will be awarded for such courses (English, mathematics, science, and social studies) in which a student satisfactorily passes the tests or other assessments. 

      • Credit may be awarded in other disciplines or non-core courses (courses other than English, mathematics, science, and social studies) when documentation of accomplished work is approved by the assistant superintendent for instruction. (for example, a portfolio or performance may be required for a student seeking credit in fine arts). 

      • Credit for courses transferred from home instruction will be awarded a grade of "P" (“Passing”). 

      • Grade level placement will be established grade level assignment criteria of Frederick County Public Schools (see school’s handbook). 

    3. Graduation Requirements

      Graduation requirements for students who have participated in home instruction will be the same as those for all Frederick County Public School students, with exceptions provided for in the Regulations Establishing Standards for Accrediting Public Schools in Virginia in its most recently adopted form.

    4. Grade Point Average and Class Rank 

      Students previously home instructed will not receive a grade point average or class rank until 51% of their credits are in regular education courses taught at an accredited public or private school and for which grades of A, B, C, D, F are awarded. See the school’s handbook for schedule for calculations of Grade Point Average. 

    5. Honors and Awards 

      Students previously home instructed may compete for, be considered for, and earn all honors on the same basis as all Frederick County Public School students subject to the provisions provided in the preceding sections of this regulation. 

      Parents desiring approval for home instruction for their student(s) will be provided a statement describing the regulations relative to grade assignment, awarding of credits, and calculation of grade point averages. 

  8. Admission of Non-public School Students for Part-time Enrollment 

    Parents or legal guardians of private school or home school students who wish to enroll their children on a part-time basis in Frederick County Public Schools for participation in academic and/or certain extracurricular/club activities shall comply with the following provisions:

    1. Admission

      • The parent or guardian shall identify children as private school or home school students who desire part-time enrollment in academic, fine arts, or career and technical education courses. 

      • These students must register in the attendance zone school serving their residence for a maximum of two classes on a space-available basis. 

      • Application for private school or home school students as part-time students must be submitted to the school principal no later than August 1 of the school year in which the parent or guardian wishes to enroll the students. Applications received after that date will not be considered for admission for that school year. 

      • Students admitted under this regulation shall be designated as part-time students. They must meet all requirements for admission to a public school including immunizations. 

      • Part-time enrollment is not available to students of elementary or middle school age. 

      • At the time of application for admission, part-time students shall designate each allowable extracurricular or club activity in which they wish to participate. 

      • Extracurricular or club activities are limited to one option for each class in which the student is enrolled (maximum two). Students must follow all league or club rules. 

      • Circumstances may exist, as determined by the principal, that make registration of a student impractical. Non-consecutive classes resulting in layovers at the school is an example of such a circumstance. 

      • All applying non-public resident students must be “students in good standing” meaning that there are no pending or active administrative, school board, or court actions related to the student.

    2. Enrollment

      • Part-time students must enroll in at least one academic class for each co-curricular or club activity in which they request to participate. 

      • Part-time students shall have completed or met all prerequisite course work or the equivalent required of full-time public school students wishing to enroll in that course. 

      • Enrollment of part-time students in a course will always be on a space-available basis, at the sole discretion of the school principal. 

      • Students may enroll in no more than two courses at the high school level. Such enrollment is subject to space availability and shall be in the students’ designated school attendance zone. 

      • Once enrolled, a part-time student shall comply with all applicable school rules and regulations including code of student conduct. 

      • Part-time students who violate school board policy or regulation shall be subject to disciplinary action up to and including dismissal shall be afforded due process, as provided for by law. 

    3. Activities

      • Part-time students wishing to participate in a co-curricular or club activity shall satisfy the same criteria required for such activities that full-time students must satisfy and shall participate in any try-out or selection process required of full-time students. 

      • Part-time students are not eligible to participate in any Virginia High School League sanctioned activity.
    4. Transportation

      The parents or guardians of part-time students shall be responsible for the transportation of the child to and from school, including any expenses incident thereto. The Assistant Superintendent for Administration or designee, however, may conditionally authorize such a student to temporarily utilize general student transportation provided by Frederick County Public Schools, subject to: reasonable space availability; assurance of no modification in schedules, routes or stops and no additional expense to Frederick County Public Schools; strict compliance with transportation rules and other codes of conduct; and written acknowledgement by the parents or guardians that the authorization may be revoked at any time by the superintendent, director of transportation, or school principal without cause or prior notice. Authorization, denial, or revocation of temporary transportation for part-time students shall be final upon the decision of the superintendent or designee. 

    5. Academic Credit

      • Part-time high school students are not candidates for graduation from Frederick County public high schools. 

      • Class ranking and grade-point average shall not be computed for part-time students. 

      • Part-time students enrolled in a class that requires a Standards of Learning end-of-course test shall be required to take that test.  

    6. Part-time students shall be included in the division’s average daily membership count, on a pro rata basis, up to a maximum one-half unit, for applicable classes (math, science, English, history, social science, career and technical education, fine arts, foreign language, health, or physical education).
Disclosure of Information

Neither the superintendent nor the School Board shall disclose to the Department of Education or any other person or entity outside of the local school division information that is provided by a parent or student to satisfy the requirements of this policy or subdivision B 1 of Va. Code § 22.1-254. Nothing in this policy prohibits the superintendent from notifying the Superintendent of Public Instruction of the number of students in the school division receiving home instruction.


Legal Reference(s): 
Code of Virginia, 1950, as amended Section(s) 22.1-1-1, 22.1-254, 22.1-254.1, 22.1-271.4, 32.1-46, 54.1-2952.2 

Pollard v. Goochland County School Board, No. 3:00CV563 (E.D. Va. Sept. 27, 2001)


Adopted: July 6, 2008
Amended: June 6, 2012
Amended: April 19, 2013
Amended: July 1, 2015
Amended: June 15, 2017
Amended: July 3, 2018