West Virginia Homeschool Laws and Requirements

homeschool laws by state Aug 14, 2026

West Virginia gives families two home instruction routes, both inside section 18-8-1(c) of the state code. Subdivision (c)(1) is an approval route through your county board. Subdivision (c)(2) is a notice of intent route with an annual assessment. Either exempts your child from compulsory attendance. Neither is better; they place the paperwork in different hands.

Last Reviewed: August 15, 2026. Reviewed by the Modern Homeschools Editorial Team. Next scheduled review: August 15, 2027.

West Virginia Homeschool Requirements at a Glance

Topic	What applies in West Virginia
Compulsory attendance ages	Beginning with the school year in which the sixth birthday is reached before July 1, and continuing to the 17th birthday
Legal pathways	Two home instruction exemptions: the county board approval route in 18-8-1(c)(1), and the notice of intent route in 18-8-1(c)(2)
Notification or registration	Approval route: a request to the county board, which must justify any denial in writing. Notice route: a notice of intent to the superintendent with each child's name, address, and age
Parent or instructor qualifications	Approval route: a person the superintendent and board judge qualified to teach the subjects required in public elementary schools. Notice route: a high school diploma or equivalent, or a post-secondary degree or certificate
Required subjects	Approval route: the subjects required in public elementary schools. Notice route: assurance of instruction in reading, language, mathematics, science, and social studies
Instructional time	Approval route: a time equal to the instructional term in section 18-5-45. Notice route: no day or hour figure is set
Testing or evaluation	Approval route: no annual assessment is named, though the county may request progress information. Notice route: an annual assessment from four methods
Required records	Approval route: attendance, instruction, and progress information on request. Notice route: assessment copies kept three years, results submitted at grades 3, 5, 8, and 11
Responsible government agency	Your county board and superintendent administer both routes. The West Virginia Department of Education publishes the code summary and the notice form

The Two Home Instruction Routes

The approval route, section 18-8-1(c)(1). Instruction takes place in the child's home or another place approved by the county board, for a time equal to the instructional term in section 18-5-45. The teacher must be someone the superintendent and board judge qualified to teach the subjects required in public elementary schools. On request, you furnish the board information and records on attendance, instruction, and progress. If the board denies a request, it must give good and reasonable justification in writing.

The notice route, section 18-8-1(c)(2). You present a notice of intent rather than a request, and nothing is reviewed in advance. In exchange the statute attaches its own conditions: the diploma standard, the subject assurance, and the annual assessment below. A superintendent may, after showing probable cause, ask the circuit court to deny home instruction, which requires clear and convincing evidence of educational neglect or other compelling reasons.

Subsection (b), covering private, parochial, and other approved schools, is not a home instruction route. It applies when a child is enrolled in such a school.

Inside the Notice Route

The notice carries an assurance that the child will be assessed annually. For a child already enrolled in public school, it comes on or before the date home instruction begins.

Four assessment methods are permitted: a nationally normed standardized achievement test published or normed within the last 10 years, the state testing program, a portfolio review by a certified teacher, or an alternative assessment of proficiency agreed upon with the superintendent. Where a test is used, acceptable progress means results within or above the fourth stanine, or, if below it, showing improvement.

You keep assessment copies three years and submit results by June 30 of the year administered, at grade levels 3, 5, 8, and 11. If an assessment does not show acceptable progress, you begin a remedial program. After a second consecutive year without it, you submit additional evidence that appropriate instruction is being provided.

Two notices close the loop: one when home instruction terminates, and, if you move counties, one to the former superintendent plus a new notice in the new one.

Required Versus Recommended

Required. Whichever route you choose, its statutory conditions and nothing more.

Prudent but not required. Lesson plans, materials lists, work samples, and grades are not collected under either route. They support a transcript if your student later enrolls in a school with its own placement procedures.

How to Start Homeschooling in West Virginia

Choose your route. County board approval under (c)(1), or notice of intent under (c)(2).
Contact your county superintendent's office. Both routes run through the county.
Gather your qualification evidence. Both routes turn on who is teaching.
Time it correctly. Under the notice route, an enrolled child needs the notice on or before the first day.
Plan your assessment or your records. The notice route needs an annual assessment; the approval route needs information on request.

Official West Virginia Homeschool Resources

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Modern Homeschools provides educational information to help families understand and navigate homeschooling requirements. Because requirements may change, families should confirm current details with the official state sources linked within this guide.