WV Homeschool Notice of Intent: What to File and What to Ignore

West Virginia is one of the more regulated homeschool states, but its Notice of Intent requirement is less complicated than county offices often make it appear. The confusion comes from the gap between what state law actually requires and what individual county boards have invented on their own unofficial forms. This post covers what you must include, what you do not have to provide, and what to do if your county pushes back.

What a Homeschool Notice of Intent Is in West Virginia

The Notice of Intent (NOI) is the document you submit to your county superintendent's office to establish that you are legally homeschooling your child under West Virginia Code §18-8-1(c)(2). It is not an application. The county board does not have authority to approve or deny your decision to homeschool — they receive your notice and that is it.

You are legally homeschooling from the moment you submit a compliant NOI. You do not wait for a response, and a lack of response from the county does not mean you are doing anything wrong.

When You Must File

• New homeschoolers starting in fall: File on or before the date home instruction is to begin.
• Mid-year withdrawals: File on or before the date home instruction is to begin.
• Subsequent years: Do not file again. The NOI is a one-time filing per child.

If you are pulling your child from public school mid-year — for bullying, a school environment that is not working, or any other reason — you need to file the NOI on or before the date home instruction is to begin. Do not begin homeschooling before the NOI is submitted.

What the Law Requires You to Include

West Virginia Code §18-8-1(c)(2) specifies the required contents of the NOI. Nothing more is required:

1. Child's name, age, and address
2. Confirmation of parent's qualification: You must hold a high school diploma, GED, or post-secondary degree from a regionally accredited institution, and attach a copy of the credential.
3. Written assurance of instruction: You assure that your child will receive instruction in reading, language, mathematics, science, and social studies.
4. Written assurance of annual assessment: You assure that your child will be assessed annually.

That is the entire statutory requirement. One page. A copy of the qualifying credential must accompany the NOI.

What County Boards Cannot Legally Require

This is where families run into problems. Many county boards — particularly in rural WV counties — hand families a multi-page form with fields that go well beyond the statute. Common additions include:

• Detailed lesson plans or weekly schedules
• Notarized signatures
• Prior approval from the superintendent before beginning
• A statement of the specific curriculum provider
• Medical or vaccination records (for homeschool purposes — school enrollment rules are different)

None of these are in §18-8-1(c)(2). A county board can create its own form, but it cannot create new legal requirements that do not exist in state law. If you fill out their expanded form, you are providing information voluntarily — which is fine if you choose to — but you are not required to.

If a county official asks for curriculum plans, schedules, or other information beyond the statutory contents, ask them to identify the specific legal requirement. The qualifying credential copy is part of the NOI; those additional demands are not.

How to Handle County Pushback

County pushback on homeschool NOIs in West Virginia is not rare. Here is a practical approach:

Step 1: Submit a statute-compliant NOI — one that mirrors the language of §18-8-1(c)(2). Reference the code section in your cover letter.

Step 2: If the county rejects or questions your filing, respond in writing. Ask them to cite the specific statutory provision that requires the additional information they are requesting. They usually cannot.

Step 3: Contact CHEWV (Christian Home Educators of West Virginia) or WVHEA for county-specific guidance. Some counties have established informal practices that other families have navigated before you.

Step 4: If the situation escalates — attendance officer contact, threat of truancy proceedings — treat it as a legal matter. HSLDA membership or a one-time consult with a WV education attorney may be appropriate.

Most county pushback resolves at step 2. Officials who issue non-statutory forms often do so out of habit, not hostility. A polite written response citing the statute is usually enough.

Mid-Year Withdrawals: NOI Timing Matters

If your child is currently enrolled in a WV public school and you want to withdraw them to homeschool, the sequence matters:

1. Prepare your withdrawal letter and NOI.
2. Submit your NOI to the county superintendent's office on or before the date home instruction is to begin.
3. Notify the school in writing at the same time and begin homeschooling after the NOI is submitted.

You do not need to wait for the school's acknowledgment before starting. Once you have notified the school and submitted your NOI, your child is legally a homeschooled student. The school cannot hold enrollment open or require an "exit interview" as a condition of withdrawal — that is not in state law either.

A written withdrawal letter sent to the school simultaneously with or before your NOI creates a paper trail. Keep copies of everything dated and sent.

The One-Time Filing

Because the NOI is a one-time filing per child, you do not file a fresh one each school year. If you add another child to your homeschool, that child requires a separate NOI. Keep a copy of the original filing and delivery record for your records.

The county superintendent's office you file with is the one for the county where your child resides — not necessarily the one where they were previously enrolled if you have moved.

What a Compliant NOI Actually Looks Like

A compliant WV homeschool Notice of Intent is a short letter or one-page document that:

• Identifies the child (name, age, address)
• States the parent's name and that the parent holds a high school diploma, GED, or qualifying post-secondary degree, with a copy of the credential attached
• Assures instruction in reading, language, mathematics, science, and social studies
• Assures annual assessment
• Is addressed to the county superintendent's office
• Is dated and signed by the parent

It does not need to be notarized. It must include a copy of the qualifying diploma, GED, or degree. It does not need to be submitted on the county's form — your own letter citing §18-8-1(c)(2) is legally sufficient.

Getting It Right Without the Guesswork

The West Virginia Legal Withdrawal Blueprint includes a statute-compliant NOI template you can complete and submit directly. It also includes a withdrawal letter for families pulling from public school, a breakdown of what county boards can and cannot ask for, and guidance on handling pushback. If you want to start homeschooling in WV without spending hours parsing the code or worrying whether your filing will be challenged, this is the resource that covers all of it in one place.

See more West Virginia guides →