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Maryland and Virginia laws/regs re: homeschooling?


Aiden
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I just found out that although I'm not going to be in the U.S. when I start homeschooling kindergarten, I will need to provide a copy of and follow the laws/regulations regarding homeschooling for "a selected location." Almost certainly, I eventually will move back to Maryland, so I'm thinking that I should find out and follow their regulations. However, one aspect of what I've seen of Maryland regs may be impossible for me to satisfy (a home visit) since I'm overseas, so I'd also like to learn about Virginia's rules--if I can meet those but not Maryland's, then I may designate Virginia as my "selected location" instead.

 

I'm about to start my internet search for the official regulations, but I'm hoping that some members of the Hive live there and can tell me what it looks like for you to follow Maryland's or Virginia's requirements.

 

The not-from-the-official-source summaries that I've seen for Maryland indicate that parents who choose not to use an umbrella school must maintain a portfolio--I'd appreciate it if you could tell me what you include in your portfolio. Also, it looks like you have to submit to a home visit?

 

Virginia ... I haven't looked into that enough yet to have any specific questions, but if there is a portfolio requirement, I'd love to know what needs to be included in yours too.

 

Thank  you!

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In Virginia, you submit a notice of intent to homeschool with your county, and then submit scores from any nationally-normed standardized test.  You can order (and proctor at home) the California Achievement Test from Seton.  Your child has to score in the 25th percentile or higher in math and English.

 

We never had to meet with anyone and never had anyone ask any questions of us whatsoever.  I was in Loudoun County.

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In Virginia, you submit a notice of intent to homeschool with your county, and then submit scores from any nationally-normed standardized test.  You can order (and proctor at home) the California Achievement Test from Seton.  Your child has to score in the 25th percentile or higher in math and English.

 

We never had to meet with anyone and never had anyone ask any questions of us whatsoever.  I was in Loudoun County.

 

That sounds promising, especially since I doubt I'll get a pass on Maryland's home visit requirement. Thanks!

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In Virginia, kindergarten is not required. You simply submit a letter saying that you do not believe your child is ready for kindergarten. Then you can teach them anything you want. You just don't officially have to do anything. 

 

http://vahomeschoolers.org/guide/kindergarten-options/

 

 

What if I don’t think my five-year-old is ready for school yet?

According to Virginia’s compulsory attendance law (§22.1-254, subsection.H), if your child’s sixth birthday falls after September 30 of the school year, you may send a letter to your local school board stating that your child is not ready for school. This will delay your child’s attendance at school for one year.

Is kindergarten “optional†or “required†in Virginia?

As mentioned above, children in Virginia are required to attend school once they are five years old, so you must officially inform your local school system about your educational plans for your five-year-old child. However, children are not required to have graduated from kindergarten to attend first grade. Many homeschooled children in Virginia have never officially attended kindergarten.

So what should I do to keep my five-year-old “legal†this year?

You have many options:

  • File a Notice of Intent form with your local school system, officially registering your five-year-old child as a homeschooled kindergartener. For more information, see Filing Your NOI.
  • Send a short letter to your local school system saying that you are delaying your five-year-old child’s entry into school for another year because they are not ready for school. (§22.1-254, subsection H) The following year, you may then register your child as either a kindergartener or a first grader, depending on the child’s academic level and social maturity at that time.
  • File a Religious Exemption for your child, stating that the family is “conscientiously opposed to attendance at school†due to “bona fide religious training or beliefâ€. (§22.1-254, subsection B.1) FOr more information, see Religious Exemption from Compulsory Schooling.
What if I just don’t send in any paperwork at all this year, and wait until first grade?

This would be a violation of the Virginia compulsory attendance law (§22.1-254), and could lead to fines or criminal charges against the child’s parents (22.1-263).

Will my child have to be tested or evaluated if I register her as a homeschooled kindergartener?

Thanks to legislation crafted by VaHomeschoolers in 1998, homeschooled kindergarteners who have not turned 6 by September 30 are exempt from the testing and evaluation requirements. (§22.1-254.1, subsection C) If your homeschooled kindergartener is already 6 by September 30, then you will need to have her tested or evaluated at the end of the school year.

 

 

 
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The regs you're looking at aren't so much about meeting the requirements for homeschooling from a certain state (since, for example, you can't notify of your intent to homeschool in a state you're not residing in, nor can you submit a portfolio to a school district you're not living in), but to make sure you're meeting the educational standards of some place.  What matters is what Maryland or Virginia expects homeschooled kindergartners (in your case) to learn, not what either state requires residents to submit.

 

If you'd like, there's a FB group that deals with homeschooling issues in your situation that you can join.  We talk about things like this. :)

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The regs you're looking at aren't so much about meeting the requirements for homeschooling from a certain state (since, for example, you can't notify of your intent to homeschool in a state your not residing in, nor can you submit a portfolio to a school district you're not living it), but to make sure you're meeting the educational standards of some place.  What matters is what Maryland or Virginia expects homeschooled kindergartners (in your case) to learn, not what either state requires residents to submit.

 

If you'd like, there's a FB group that deals with homeschooling issues in your situation that you can join.  We talk about things like this. :)

 

I posted there, too, and only received the response that I can't meet Maryland requirements. But my query has only been up for a few minutes, and there aren't anywhere near as many people there as there are here :)

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I posted there, too, and only received the response that I can't meet Maryland requirements. But my query has only been up for a few minutes, and there aren't anywhere near as many people there as there are here :)

 

Then I'll give my opinion there. :)

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I am in Maryland and there is no home visit requirement, at least in my county.  We do need to meet with someone from the Board of Ed twice each year unless we are in an umbrella group.

 

Maybe what I've seen interpreted as a home visit is really just a meeting that can occur anywhere? In any case, I can't do that, either, really, unless a Skype conference counts :)

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Va no home visit.

Filed notice of intent.

Did a standardized test once a year (we did the CAT because it was cheap and I was permitted to administer it myself)

I have a college degree and had to submit a copy of it to follow the route I chose.

 

The rules may have changed, but I recall families who did not have a parent with a degree had other requirements. I have friend who did not have a Bachelor's degree. Her letter of intent listed her dh as the teacher.

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I'm also in Frederick Co Maryland.  No, Maryland Homeschool law does not require a home visit---it requires that you meet with the local school authority at a mutually agreed time and place twice a year.  The reality is that we have one phone visit and one in person visit at our homeschool monitor's office.  Here is the applicable code:  http://www.dsd.state.md.us/comar/comarhtml/13a/13a.10.01.01.htm

 

Additionally, you have the option of using an umbrella, in which case you would have to meet the requirements of the umbrella:  http://www.dsd.state.md.us/comar/comarhtml/13a/13a.10.01.05.htm

 

But as you are overseas, I would expect that the actual requirements for instruction would be more what you are needing to fulfill. 

 

 

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Va no home visit.

Filed notice of intent.

Did a standardized test once a year (we did the CAT because it was cheap and I was permitted to administer it myself)

I have a college degree and had to submit a copy of it to follow the route I chose.

 

The rules may have changed, but I recall families who did not have a parent with a degree had other requirements. I have friend who did not have a Bachelor's degree. Her letter of intent listed her dh as the teacher.

 

I've hsed in VA for seven years. There is no requirement about a college degree.  For one of the options (there are four? different options), you must provide a copy of your high school diploma. I lost mine and submitted my high school transcript instead, which was accepted.

 

Some of the standardized tests require administrators (parents) to have a degree, but the CAT does not.  Between that and the cost, we do CAT testing.

 

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Virginia's laws are very easy to follow.  There are several possibilities to be able to homeschool here (including a religious exemption, a private tutor, etc), but most just notify every year that they are a run-of-the-mill parent that is going to homeschool.  To do that, you must submit (by 8/15): 

 

1.  Notice of Intent (which includes the child's name, age, name and address of parent, and list of subjects to be taught.

 

2.  Copy of your high school (or higher) diploma.

 

That's it.  At the end of the year, give your kid a test and mail the results to the district by 8/1.

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Just wanted to clarify that the VA requirement for test is any nationally normed standardized test, but the goal is the 4th stanine/23rd (not 25th) percentile.  And that is the composite score for Math and LA.  

 

There are other options for VA too, you can choose to enroll in a distance learning program and then don't have to do the testing.  There is a portfolio option as well, but that requires a VA certified teacher to review it.  

 

I would just pick a state and not worry about it as you won't actually be turning in a notice of intent because no district would know what the heck to do with it since you don't actually live in that district. 

 

Like someone up thread mentioned, you won't actually be required to file these things, so it's not really something I would worry about. 

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  • 2 weeks later...

Just wanted to clarify that the VA requirement for test is any nationally normed standardized test, but the goal is the 4th stanine/23rd (not 25th) percentile.  And that is the composite score for Math and LA.  

 

There are other options for VA too, you can choose to enroll in a distance learning program and then don't have to do the testing.  There is a portfolio option as well, but that requires a VA certified teacher to review it.  

 

I would just pick a state and not worry about it as you won't actually be turning in a notice of intent because no district would know what the heck to do with it since you don't actually live in that district. 

 

Like someone up thread mentioned, you won't actually be required to file these things, so it's not really something I would worry about. 

Actually on there is an option for having anyone with a master's degree writing a letter about your child progressing.  I don't know the details but it doesn't have to be a teacher.

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I echo others upthread: Maryland does not require a home visit. You do need to meet with the board of ed official twice per year, OR sign under an umbrella group. How onerous the board of ed visit is depends entirely upon the reviewer you wind up with. Also, more conservative area are more homeschooler friendly. I have almost always been part of an umbrella because it is SO much more homeschool friendly and much easier. The county officials I had were very "schoolish" and could not grasp hands-on Science, say, with no tests.

 

Still, Maryland is easy to comply.

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My friends who homeschool in VA do so under the religious exemption, I believe, and then they don't have to do anything at all.  

Correct if you are hsing under RE there is nothing else required from the family. BUT people should not use this to get out of testing.

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Correct if you are hsing under RE there is nothing else required from the family. BUT people should not use this to get out of testing.

Out of curiosity, why not? I'm not being antagonistic; I really don't know. If a parent objects to sending his child to school for religious reasons, it could also stand that the same parent objects to testing. I'm pretty sure my VA friends don't do any testing.

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Thank you, everyone! I think what I'm going to do is print out the regs for Maryland and submit them. I'll make a note that I can't do the letter of intent or the meeting with school officials, since I'm not physically present in the state yet, and so no one there actually cares what I do yet. But I'll follow Maryland guidelines about what subjects to cover, and I may go ahead and do a portfolio (and probably not show it to anyone) just to get me in the mindset of doing that. If it turns out that my authorities want to be ridiculous and force the LOI and meetings, then I'll basically just say, "Well, I tried to be reasonable. Ok, switch me to a state with no requirements then!"

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Out of curiosity, why not? I'm not being antagonistic; I really don't know. If a parent objects to sending his child to school for religious reasons, it could also stand that the same parent objects to testing. I'm pretty sure my VA friends don't do any testing.

I think you misunderstood her. I am pretty sure she meant don't use religious exemption just to get out of testing. Not that you should still test if you do RE. 

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Out of curiosity, why not? I'm not being antagonistic; I really don't know. If a parent objects to sending his child to school for religious reasons, it could also stand that the same parent objects to testing. I'm pretty sure my VA friends don't do any testing.

Because that isn't what the law is about is the issue.  I couldn't give the details now, but that is the gist of it, it has to do with the school not testing.

 

and what we see happen is people think Oh I don't want to test my child, so I'll just say I am religious etc. So they do that, THEN something happens and they get pushed or tested on the RE.  and when that happens they change their minds when that happens then the law is weakened for those that really have religious objections to ps. 

 

We were RE but we still tested- for ourselves no one else. 

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If you'd consider NC, it's a little easier than MD:

  • one-time notification with copy of a parent diploma,
  • keep an immunization record and a record of days when instruction occurred (no need to send them in),
  • and administer a nationally normed standardized achievement test annually (no need to submit results).

 

No portfolios or meetings required.

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The RE law in Virginia is very specific and is reserved only for those people who object to sending their children to school and/or believe that only the parents should be directing the education of their children.  To qualify under this law, you must have a bona fide religious reason for homeschooling; a philosophical or anti-testing belief won't qualify you.  A person who seeks exemption under this law does not have to provide proof of religious beliefs, but the school district has a right to question you on this one to determine if your beliefs are bona fide.  Once you are granted a RE in this state, it is permanent and you never have to deal with the school district again.

Out of curiosity, why not? I'm not being antagonistic; I really don't know. If a parent objects to sending his child to school for religious reasons, it could also stand that the same parent objects to testing. I'm pretty sure my VA friends don't do any testing.

 

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