January 8, 2001

Camilla Bryant
7613 Charleston Road
Walto, West Virginia 25286-9619

Dear Ms. Byrant:

We are in receipt of your request concerning home schooling. Specifically, you have asked whether an individual providing home instruction is still required to have completed a course of education at least four years higher than the most academically advanced child whom he/she will teach. Exemption B contained within West Virginia Code? 18-8-1 states, in pertinent part that
?[t]he person or persons providing home instruction submit satisfactory evidence of: (i) A high school diploma or equivalent; and (ii) formal education at least four years higher than the most academically advanced child for whom the instruction will be provided: Provided, That during the school year two thousand - two thousand one only, the requirement of a formal education at least four years higher than the most academically advanced child is waived.?

To date, the legislature has made no change to this law. Thus, aside from the exception exclusively pertaining to the 2000-2001 school year, the requirement still stands.

You should note, however, that the statute later states, in part, that:

?[t]he legislative oversight committee on education accountability shall conduct a study on the effects of the home instruction exemption on the students being instructed in the home. The study shall include, but is not limited to, the effects that a home instructor?s education attainment level has on the academic abilities of the child instructed.?

Camilia Bryant
January 8, 2001
Page 2

That study was to have been completed on or before December 1, 2000. Thus, depending on the results of the study, the legislature may further change this requirement during their upcoming session. I have attached a copy of West Virginia Code ? 18-8-1 for your further consideration.

Hoping that I have been of service, I am

Sincerely,

/s/

David Stewart
State Superintendent of Schools

DS/mp

Attachment