homepen

Homeschool laws › West Virginia

Homeschool laws in West Virginia

Checked Oct 12, 2026 against 8 sources · General information, not legal advice.

Your West Virginia to-do

For “Home instruction by notice of intent”. 2 other legal ways below.

  1. Send the notice of intent to the county superintendent First year
    Once, when you start home instruction; if the child is enrolled in public school, on or before the first day of home instruction.
  2. Get the yearly academic assessment Every year
    Every year, an assessment of the previous school year (test, state testing program, portfolio review by a certified teacher, or an agreed alternative).
  3. Send the assessment results to the county superintendent Every year Grades 3, 5, 8, 11
    By June 30 of the year the assessment was given, in grades 3, 5, 8 and 11.
  4. Send a new notice after moving counties Every year
    When you move to a new county: tell the previous county superintendent and send a new notice of intent to the new one.
  5. Tell the superintendent when home instruction ends Every year
    When home instruction ends for a child still of compulsory attendance age.

Homepen turns this into reminders and ready-to-send letters, and counts your days and hours.

Get early accessComing soon to iPhone, iPad and Android

What West Virginia asks

West Virginia parents give the county superintendent a one-time notice of intent, show a high school diploma or equivalent, and teach reading, language, math, science and social studies, with no set days or hours. Each year the child is assessed (a standardized test, the state test, a certified teacher's portfolio review or an agreed alternative); parents keep the results for 3 years and send them to the superintendent in grades 3, 5, 8 and 11 by June 30.

School age: Ages 6–16. From the school year in which the child turns 6 before July 1 (or on enrolling in public kindergarten) until the 17th birthday, or longer while the student stays enrolled in a school system.

West Virginia has 3 legal ways to homeschool. Pick the one that fits your family; Homepen asks you when you set up.

Home instruction by notice of intent

W. Va. Code § 18-8-1(c)(2) · Level 4: More involved

All the details, deadlines and notes
Notice
Once: Once, when home instruction starts: a notice of intent to the county superintendent or county board with each child's name, address and age and assurances about the subjects and the yearly assessment. If the child is enrolled in public school, give it on or before the first day of home instruction. Send a new notice after moving to a new county, and tell the superintendent when home instruction ends.
Time
No set number of days or hours
Subjects
  • reading
  • language
  • mathematics
  • science
  • social studies
Assessment
An assessment you choose from the allowed options: Every year, all grades, for the previous school year: a nationally normed standardized test (acceptable at or above the 4th stanine, or with improvement), the public school testing program at a public school, a portfolio review by a certified teacher with a written narrative, or an alternative agreed with the county superintendent. Results are sent in grades 3, 5, 8 and 11.
Results for grades 3, 5, 8 and 11 go to the county superintendent by June 30 of the year the assessment was given; in other grades they are kept, not sent.
Portfolio
Not required
Reports
No reports to send
Records to keep
  • copies of each yearly academic assessment
Keep them 3 years.
Teacher
The person teaching shows the county superintendent a high school diploma or equivalent, or a post-secondary degree or certificate from an accredited or authorized institution.

Deadlines

  • Send the notice of intent to the county superintendent: Once, when you start home instruction; if the child is enrolled in public school, on or before the first day of home instruction.
  • Get the yearly academic assessment: Every year, an assessment of the previous school year (test, state testing program, portfolio review by a certified teacher, or an agreed alternative).
  • Send the assessment results to the county superintendent: By June 30 of the year the assessment was given, in grades 3, 5, 8 and 11.
  • Send a new notice after moving counties: When you move to a new county: tell the previous county superintendent and send a new notice of intent to the new one.
  • Tell the superintendent when home instruction ends: When home instruction ends for a child still of compulsory attendance age.
If an assessment does not show acceptable progress, the parent starts a remedial program; after a second year in a row, the parent sends the superintendent more evidence that appropriate instruction is being given.
The county superintendent can stop home instruction only through a circuit court order, on clear and convincing evidence of educational neglect or other compelling reasons.
With county board approval, a home instruction student may attend classes offered by the county.
A parent running a home secondary program may issue the student's diploma.

How Homepen helps

Homepen counts your days and hours as you tick lessons, and makes: Notice-of-intent letter, filled in, Portfolio and evaluator packet, Year-end summary, Reading list, Report card, High-school transcript.

Another option: Home instruction approved by the county board

W. Va. Code § 18-8-1(c)(1); § 18-5-45 · Level 3: Moderate

All the details
Notice
Not verified yet: check with your state: Not verified yet: check with your state
Time
180 days a year
Instruction for a time equal to the public school instructional term: at least 180 separate instructional days. Public school instructional days are at least 315 minutes (K-5), 330 (6-8) or 345 (9-12); the law does not say whether that day length applies to home instruction.
Subjects
  • the subjects required to be taught in public elementary schools
Assessment
Not verified yet: check with your state
Portfolio
Not verified yet: check with your state
Reports
Not verified yet: check with your state
Records to keep
  • attendance, instruction and progress information and records, given to the county board when the superintendent asks
Teacher
Qualified, in the judgment of the county superintendent and county board, to teach the subjects required in public elementary schools.

How Homepen helps

Homepen counts your days and hours as you tick lessons toward this goal, and makes: Attendance & hours report, Daily log, Portfolio and evaluator packet, Year-end summary.

Another option: Learning pod or microschool

W. Va. Code § 18-8-1(n) · Level 4: More involved

All the details, deadlines and notes
Notice
Once: Once, when the child starts: a notice of intent to the county superintendent or county board with each child's name, address and age and assurances about the subjects and the yearly assessment. If the child is enrolled in public school, give it on or before the first day. Send a new notice after moving to a new county, and tell the superintendent when participation ends.
Time
No set number of days or hours
Subjects
  • reading
  • language
  • mathematics
  • science
  • social studies
Assessment
An assessment you choose from the allowed options: Every year, all grades, for the previous school year: a nationally normed standardized test (acceptable at or above the 4th stanine, or with improvement), the public school testing program at a public school, a portfolio review by a certified teacher with a written narrative, or an alternative agreed with the county superintendent. Results are sent in grades 3, 5, 8 and 11.
Results for grades 3, 5, 8 and 11 go to the county superintendent by June 30 of the year the assessment was given (the pod or microschool may send composite results).
Portfolio
Not required
Reports
No reports to send
Records to keep
  • copies of each yearly academic assessment
Keep them 3 years.
Teacher
The person teaching shows the county superintendent a high school diploma or equivalent, or a post-secondary degree or certificate from an accredited or authorized institution.

Deadlines

  • Send the notice of intent to the county superintendent: Once, when the child starts in the learning pod or microschool; if the child is enrolled in public school, on or before the first day.
  • Get the yearly academic assessment: Every year, an assessment of the previous school year (test, state testing program, portfolio review by a certified teacher, or an agreed alternative).
  • Send the assessment results to the county superintendent: By June 30 of the year the assessment was given, in grades 3, 5, 8 and 11 (the pod or microschool may send composite results).
  • Send a new notice after moving counties: When you move to a new county: tell the previous county superintendent and send a new notice of intent to the new one.
  • Tell the superintendent when participation ends: When the child stops participating while still of compulsory attendance age.
The law says a learning pod or microschool is not the same as homeschooling, although the home instruction rules apply to it.
A learning pod is a voluntary group of parents teaching their children together; a microschool is a tuition-charging school started by teachers or an entity.
The pod or microschool may send composite results instead of each child's results.

How Homepen helps

Homepen counts your days and hours as you tick lessons, and makes: Notice-of-intent letter, filled in, Portfolio and evaluator packet, Year-end summary, Report card, High-school transcript.

Sources

General information, not legal advice. Laws change: we check every source at least every 6 months and before each school year. If something looks wrong, tell us. The state agency for homeschooling questions is the West Virginia Department of Education.

Keep your West Virginia records without the paperwork

Plan the week, tick lessons, and Homepen keeps the days, hours and portfolio West Virginia asks for.

Get early accessComing soon to iPhone, iPad and Android