West Virginia

West Virginia has a dedicated homeschool statute with multiple options for compliance, including the popular "Notice Option" that provides significant freedom while requiring annual assessment.

Key Statutes

West Virginia offers three primary legal pathways plus the Hope Scholarship.

Option 2: Notice Option (RECOMMENDED)

Most homeschool families use this option:

• One-time Notice of Intent to county superintendent
• Parent must have HS diploma or equivalent
• Annual assessment required
• Teach 5 required subjects
• Assessment results submitted only for grades 3, 5, 8, 11
• No set school term or hours

Option 4: Hope Scholarship (ESA)

• Notice of Intent required
• Annual testing or progress determination
• Receive ~$5,267/year for educational expenses

For the Notice Option (recommended):

Step 1: Prepare Your Notice of Intent

Must include: child's name, address, and age; assurance of instruction in 5 required subjects; assurance of annual assessment; evidence of instructor's HS diploma or equivalent.

Step 2: Submit Notice

Send to county superintendent before homeschooling begins. Send via certified mail (recommended). This is a one-time notice (not annual).

Step 3: Begin Instruction

Teach the 5 required subjects: Reading, Language, Mathematics, Science, Social Studies.

Step 4: Conduct Annual Assessment

Assess using one of four approved methods (see Assessment section).

Step 5: Submit Results (Grades 3, 5, 8, 11 Only)

Submit assessment results to county superintendent by June 30.

Notice Option Requirements

What West Virginia Does NOT Require

• No annual notification (one-time only)
• No set school term or calendar
• No minimum hours of instruction
• No curriculum approval
• No home visits

You must assess your child annually in all 5 required subjects using one of four methods:

Option 1: Standardized Test (Common)

Nationally normed test (CAT, ITBS, Stanford 10, TerraNova). Parents CAN administer. Must score at or above 4th stanine (23rd percentile) OR show improvement from previous year.

Option 3: Portfolio Review (Common)

Collect portfolio of work throughout year. Have it reviewed by a WV-certified teacher who provides written narrative stating academic progress is "in accordance with the child's abilities."

Submission Requirements

Keep ALL records on file for 3 years. Submit to county only for grades 3, 5, 8, 11 by June 30.

What is "Acceptable Progress"?

For standardized tests:

• Score at or above 4th stanine (23rd percentile), OR
• Score shows improvement from previous year

The "improvement" provision means even below 23rd percentile is OK if improving.

If Progress is NOT Acceptable

Year 1: Initiate remedial program (no county approval needed). Year 2: Submit evidence appropriate instruction is being provided.

Potential intervention requires "clear and convincing evidence" of educational neglect and a court order. This is rare.

West Virginia does not impose graduation requirements on homeschoolers. You determine requirements, courses, credits, grading, and when your child graduates.

Diploma Fairness Law (§ 18-8-12)

"No state agency or institution of higher learning in this state may reject or otherwise treat a person differently solely on the grounds of the source of such a diploma."

Parent-issued homeschool diplomas are legally valid. WV employers and colleges cannot reject applicants solely for having homeschool diplomas.

PROMISE Scholarship Note

The WV PROMISE scholarship currently requires GED/TASC for homeschool applicants—advocacy groups are working to change this.

West Virginia provides good sports and extracurricular access through state law.

Legal Basis

W. Va. Code § 18-2-25(d) requires WVSSAC to consider eligible: home instruction students, Hope Scholarship participants, learning pod and microschool students.

Eligibility Requirements

1. Demonstrate satisfactory evidence of academic progress
2. Be younger than 19 by August 1
3. Maintain amateur status
4. Comply with disciplinary rules and WVSSAC rules

2023 Changes (H.B. 2820)

Removed previous requirement to enroll in virtual course. Extended eligibility to Hope Scholarship, learning pod, and microschool students.

West Virginia's Education Savings Account provides state funding for alternative education expenses.

2025-26 Award Amount

$5,267.38 per student

Eligible Expenses

Private school tuition, homeschool curriculum, online programs, tutoring, educational therapies, textbooks, technology, college courses, test fees, transportation.

Current Eligibility

Must have been enrolled in WV public school for entire previous term OR 45+ consecutive days. Beginning 2026-2027: All WV school-age children eligible regardless of prior enrollment.

Application Window

March 1 - June 15 for 100% of scholarship.

West Virginia offers a balanced approach with reasonable requirements and significant benefits.

Advantages:

1. One-time notification — Not annual like many states
2. Multiple assessment options — Test, portfolio, public school, or alternative
3. Submit results only 4 times — Grades 3, 5, 8, 11
4. Improvement counts — Below 23rd percentile OK if improving
5. Hope Scholarship — One of best ESAs (~$5,267/year)
6. Diploma Fairness Law — Strong protection for parent diplomas
7. Sports access by law — Full WVSSAC eligibility
8. Parent test administration — Can administer tests yourself

Comparison Table

*Texas requires notification only when withdrawing from public school