West Virginia Homeschool Laws

Compulsory attendance begins with the school year in which a child turns 6 before July 1, or upon enrolling in a full-time publicly funded kindergarten program, and continues to the 17th birthday (W. Va. Code § 18-8-1a; HSLDA: Compulsory School Age in West Virginia). A parent may remove a child from public kindergarten if the parent determines that continued attendance would not serve the child’s best interest, subject to the principal’s final determination on compulsory kindergarten attendance (W. Va. Code § 18-8-1a).

West Virginia has three homeschool options (HSLDA: West Virginia Homeschool Laws; HSLDA: How to Comply with West Virginia’s Homeschool Law):

• Option 1: School board approval, under W. Va. Code § 18-8-1(c)(1) (W. Va. Code § 18-8-1).
• Option 2: Notice of intent, under § 18-8-1(c)(2). HSLDA recommends this option because it does not require permission to begin (HSLDA).
• Option 3: Microschool or learning pod, under § 18-8-1(n) (W. Va. Code § 18-8-1; HSLDA).

A child participating in the Hope Scholarship Program is also exempt from compulsory attendance if the parent files a Hope Scholarship notice of intent with the county superintendent (W. Va. Code § 18-8-1(m)).

Option 1: The county board determines the method of assessment (HSLDA; W. Va. Code § 18-8-1).

Options 2 and 3: Obtain an assessment each year and keep copies for three years. You may choose one of four methods (HSLDA; W. Va. Code § 18-8-1):

• A nationally normed, standardized achievement test published not more than 10 years earlier, given by someone qualified under the publisher’s rules, covering reading, language, mathematics, science, and social studies. Acceptable progress means a mean score in the fourth stanine (23rd percentile) or higher, or improvement from the previous year.
• The public school testing program, given at a public school in the county of residence, with acceptable progress based on state testing guidelines.
• A written narrative from a certified teacher who has reviewed a portfolio of the child’s work and found the year’s progress in accord with the child’s abilities. The narrative must address reading, language, math, science, and social studies and note any areas that need improvement.
• Another academic assessment of proficiency, if the superintendent agrees; acceptable progress is then set by agreement between the superintendent and the parents.

If the assessment does not show acceptable progress, you may ask the county in writing about services to assess special education eligibility, and you must start a remedial program. The program need not be submitted to or approved by the district, but it must foster acceptable progress (HSLDA).

Submit assessment results for grades 3, 5, 8, and 11 to the county superintendent by June 30 of the year the test was given (W. Va. Code § 18-8-1; HSLDA).

Option 1: Teach the subjects the county board approves, for 180 days a year, in a place the board approves, and for a time equal to the county school term (HSLDA; W. Va. Code § 18-8-1).

Options 2 and 3: The notice must assure instruction in reading, language, mathematics, science, and social studies (HSLDA; W. Va. Code § 18-8-1).

Option 1: Request approval from the county board. If the board denies approval, it must give a written “good and reasonable justification” (HSLDA; W. Va. Code § 18-8-1).

Option 2: File a notice of intent with the county superintendent or county board on or before the date home instruction begins. It must include the child’s name, address, and age; an assurance of instruction in the required subjects and of annual assessment; and evidence that the instructor meets the qualification. The notice stays in effect until you move to a different county or stop homeschooling. The superintendent may not simply deny the notice; to stop home instruction, the superintendent must seek a circuit court order and show that the child will suffer educational neglect (HSLDA; W. Va. Code § 18-8-1).

Option 3: File a notice of intent to participate in a microschool or learning pod on or before the date participation begins, with the same basic information and assurances. A microschool is a school started by one or more teachers or by an organization that charges tuition. A learning pod is a voluntary group of parents who teach their children together. The same notice and assessment rules apply to both. Notify the superintendent if participation ends. If you move to a new West Virginia county, notify the previous superintendent and file a new notice in the new county (HSLDA; W. Va. Code § 18-8-1).

Option 1: If requested, furnish attendance, instruction, and progress information (HSLDA).

Options 2 and 3: No separate attendance log is required by the how-to guide. Keep assessment copies for three years, and submit results in grades 3, 5, 8, and 11 (HSLDA; W. Va. Code § 18-8-1).

Options 1 and 2: None. Option 3: Participation in a microschool or learning pod (HSLDA; W. Va. Code § 18-8-1).

Options 2 and 3: The person providing instruction must have a high school diploma or equivalent, or a post-secondary degree or certificate from a regionally accredited institution (or, for a microschool or learning pod, from another specified educational entity) (HSLDA; W. Va. Code § 18-8-1).

Yes. Students receiving home instruction under § 18-8-1(c), Hope Scholarship participants, and microschool or learning pod students may take part in interscholastic athletic events and other extracurricular activities at the public secondary school serving the attendance zone where the student lives, if they (W. Va. Code § 18-2-25; HSLDA: Public School Access for Homeschoolers in West Virginia):

• show satisfactory academic progress, with average test results in or above the fourth stanine in all subject areas;
• have not reached age 19 by August 1 of the current school year;
• are amateurs;
• agree to the disciplinary rules of the West Virginia Secondary School Activities Commission and the county board; and
• agree to WVSSAC rules on awards, all-star games, parental consents, physical examinations, and vaccinations that apply to all high school athletes.

House Bill 2820, effective June 9, 2023, extended this right to Hope Scholarship, microschool, and learning pod students and repealed the former requirement that the student enroll in at least one virtual course each semester (HSLDA). Reasonable fees may be charged. Students who leave a school during the year are subject to the same transfer protocols as member-to-member transfers.

None for homeschoolers, according to HSLDA (HSLDA). WVSSAC sports rules on vaccinations that apply to all high school athletes also apply to participating home instruction students (W. Va. Code § 18-2-25).

Hope Scholarship: Participation in the Hope Scholarship Program is a separate compulsory-attendance exemption if you file a Hope notice of intent with the county superintendent (W. Va. Code § 18-8-1(m); Hope Scholarship). See our West Virginia School Choice Options page for amounts, eligibility, and application windows.

HSLDA recommends keeping records of compliance until graduation, even after compulsory age, in case they are requested later (HSLDA).

• HSLDA: West Virginia Homeschool Laws, How to Comply with West Virginia’s Homeschool Law, Compulsory School Age in West Virginia, and Public School Access for Homeschoolers in West Virginia
• West Virginia Code § 18-8-1 (compulsory attendance exemptions, including home instruction, Hope Scholarship, and microschools and learning pods), § 18-8-1a (compulsory school age), § 18-2-25 (extracurricular eligibility), and § 18-31-1 et seq. (Hope Scholarship Program)
• West Virginia Hope Scholarship

Last reviewed: November 10, 2026