).JoAnn Tippins couldn’t believe what she was reading. The letter from the City School District of Albany proclaimed in bold, italicized, and underlined text that her homeschooled daughter was being placed on probation.
At first, she was stunned. But then she realized just who she had to call—Home School Legal Defense Association.
JoAnn sent me a copy of the letter from the director of pupil personnel services. It stated (and this is exactly how it appeared):
In the 2017–2018 school year your child’s test results should have been commensurate with those of an 9th graders. The results on The Iowa Test indicates s/he is testing below an 9th grade level in more than one subject [sic].
Because of these test scores, the director stated she was “required to place your homeschooling program on probation for a period of two years,” beginning July 1. The director went on to inform Mr. and Mrs. Tippins that by June 18 “you are required to submit a plan of remediation which addresses the deficiencies in your child’s achievement.”
According to New York law, a student’s score on a nationally normed achievement test “shall be deemed adequate if:
JoAnn also sent me a copy of her daughter’s Iowa Test results, which showed that she had received a composite percentile score of 48—which was more than adequate. The only thing that JoAnn and I could surmise was that district officials had decided to place the homeschool program on probation because two of the daughter’s individual subtest scores were below the 33rd percentile.
I immediately called the director of pupil personnel services to discuss this situation and explain that the student should not be on probation.
The attorney for the district contacted me, and in a message to her, I stated that a homeschool student who receives a composite score at the 48th percentile cannot be put on probation. I also pointed out that the New York State Education Department, in its Home Instruction Questions and Answers, states that a “student’s score on individual test subscores should not be considered in determining whether the program should be placed on probation.”
Within a few days the district’s attorney called me back and apologetically informed me that the district had made an error. The attorney assured me that the Tippins’ daughter was not on probation and that the district would be sending them a letter to this effect. Apparently, the district had recently had some staff turnover and the person in the office reviewing homeschool programs was relatively new in the position.
I am pleased that we were able to quickly come to the defense of the Tippins’ homeschool program for their daughter and eliminate the probation order.
Four months after withdrawing her daughter from public school, an Ohio mom received a court summons for charges of “habitual truancy.” The mom was surprised and confused; she had been educating her child at home since the withdrawal and had submitted all the necessary paperwork months before.
Let’s rewind.
Her daughter had had various struggles in public schools, mostly with other students. In January, this mother knew it was no longer safe for her daughter to remain in school.
She promptly withdrew her daughter from the high school and asked where she must submit the notice of intent to homeschool. Upon being provided an email address for the district, the mom immediately emailed the notice.
Believing everything was settled, she focused her attention on her daughter’s needs. However, she began receiving automated calls notifying her that her daughter was absent from school. After two weeks, the calls had not stopped.
The mom emailed the school to see what the problem was. The assistant principal replied, stating she would follow up on the withdrawal paperwork. Once again, the mother thought all was fine.
Then, less than a month later, the mom received another automated email stating that her daughter would be withdrawn from the school because of her many absences. Confused, the mother once again asked what happened. Things became a bit clearer when the school responded that the district never notified them of the homeschool paperwork that the mother had submitted.
After another two months, a court summons arrived. The mother immediately contacted Home School Legal Defense Association.
Working with a local attorney in Ohio, we sent a letter to the prosecuting attorney laying out everything the mother had submitted. We pointed out that the mom was not at fault, because she had promptly submitted all the necessary paperwork and quickly responded to any communication from the school.
Recognizing the mother had done everything properly, the prosecutor dismissed the case.
The family could finally focus on helping their daughter learn and thrive.
Taking a hint from the state’s burgeoning homeschool population, West Virginia public schools are now offering online courses that can be accessed from home.
But for families used to planning custom homeschool programs without the government’s help, the aggressive promotion of virtual public school programs can pose a dilemma.
The West Virginia legislature authorized public schools to create virtual learning programs in 2017. Some counties are creating programs with an eye to “recapturing” lost revenue associated with homeschool students who are leaving the public school system in large numbers.
One county staff member wrote, “We are contacting all middle and high school homeschool students to offer them our virtual program.” Another county superintendent wrote, “Our primary goal in exploring this is to recapture a percentage of the ‘homeschool’ students that are currently draining our population and coffers.”
Data shows that during the 2017–18 school year in West Virginia there were 12,500 students enrolled in private schools and 11,196 homeschool students. This puts the Mountaineer State very close to the benchmark first attained by North Carolina, which in 2016 became the first state to report more students enrolled in homeschools than in private schools.
There is no doubt that technology is significantly impacting these demographics, as more and more learning is being conducted via the internet. Top schools such as Massachusetts Institute of Technology offer course materials for free online (no degree is awarded but the information is there for those interested), and Home School Legal Defense Association offers a wide range of high school courses through its own online academy.
When it comes to West Virginia virtual public school programs, however, there are issues parents may want to consider before signing up.
First of all, homeschool students enrolled even parttime in the virtual programs would be subject to public school oversight.
At least one county policy declares that students enrolled in a virtual program would be considered fully-enrolled public school students for funding and compulsory attendance purposes. Another county policy would require that virtual students be subject to “mandatory weekly face-to-face meetings” for at least the initial nine weeks of the course.
One change that might particularly appeal to athletes is that homeschool students enrolled in at least four classes in a virtual program would be eligible to participate in public school sports. However, the organization that oversees most high school sports in the state declares: “Homeschool and nonpublic school students wishing to participate in West Virginia Secondary School Activities Commission (WVSSAC) interscholastic activities and events must meet eligibility requirements as set forth by WVSSAC rule.” This could mean additional undesirable regulations on homeschooling families with student athletes.
There are other reasons to be wary of public school virtual programs.
Some research has suggested that the academic achievement of students
enrolled in public virtual programs is subpar compared to privately
homeschool students (hslda.org/Q318VirtualPublic ).
Based on calls received by our office over the last 20 years from families who have left online public virtual schools, lack of flexibility has also been a significant problem and contributed to why they returned to a more private and parent-directed approach.
Homeschoolers who are considering incorporating public virtual learning into their learning plan would be well advised to ensure they understand precisely what they are signing up for and what obligations they are taking on.
Homeschool students enrolled even part-time in the virtual programs would be subject to public school oversight.
HSLDA affirms the right of parents to decide what is the best
learning environment for each child. When parents are free to choose and
direct their child’s education, children thrive. And that is what we
are all about—protecting that right to make homeschooling possible! 
As an added benefit to our members, HSLDA has posted a number of
sample forms on our website, including letters for withdrawing from
public school, forms for submitting required notices of intent to
homeschool, and memos describing the legal issues involved in
homeschooling. To see the forms for your state, go to members.hslda.org 
,
log in, and select your state. By creating these forms, HSLDA did not
intend to burden its members with more paperwork. Rather, the forms are
designed for our members’ convenience and to protect them from
inadvertently giving more information than their state’s law requires.
Members are free to prepare their own documents to comply with the law.