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Homeschooling under the laws in Virgin Islands

Are you considering homeschooling your child? You can do it! As you get started, it’s important to make sure you comply with the education laws where you live. This page helps you understand how to homeschool legally in Virgin Islands—step by step.

Virgin Islands compulsory school attendance age

Your child will be subject to the compulsory school laws starting in the school year in which he or she turns 5.

Compulsory school laws cease to apply to a child at the conclusion of the school year that ends nearest his or her 18th birthday. Additionally, if a child graduates from high school, then school attendance laws no longer apply to him or her.

Withdrawing your child from his or her current school

If you want to start homeschooling during the school year and your child is currently enrolled in a public or private school, HSLDA recommends that you formally withdraw your child from that school. If you are going to start homeschooling after the school year is over, and your child is considered enrolled for the following year, we recommend that you withdraw your child before the next school year begins, so that the school does not mark your child as absent or truant.

We invite you to become a member of HSLDA to receive specific advice about withdrawing your child from school and starting to homeschool. Local schools may have specific forms or withdrawal procedures. HSLDA members are eligible to receive individualized advice about whether complying with those procedures is advisable or required. HSLDA members are also eligible to use the sample letter of withdrawal for Virgin Islands, available in Member Resources to correspond with school officials.

We generally recommend that any correspondence with authorities be sent “Certified Mail—Return Receipt Requested.” Keep copies of the withdrawal letter and any other paperwork or correspondence, and any green postal receipts, for your personal records.

Note: If your child has never attended a public or private school, this section does not apply.

Complying with Virgin Islands’s homeschool law

To homeschool in the Virgin Islands, you’ll need to follow these legal requirements (view full regulations here):

1. File a notice of intent. 

Within 10 days of starting to homeschool, you need to file a Notice of Intent to Homeschool form with the Commissioner of Education. HSLDA members may obtain this form on our website. You should keep a copy for your records, and a copy of the commissioner’s acknowledgement of receipt. This form asks you to specify the total number of hours of daily instruction you plan to provide, but you don’t have to give this information.

2. Teach the required subjects. 

You should cover the following basic subjects in your homeschool:

  • reading,
  • language arts,
  • math,
  • science, and
  • social studies.

It’s not clear if these are required by law. But covering them may help if you have a portfolio review, or if the validity of your homeschool program is ever challenged.

3. Submit portfolio reviews. 

The Department of Education can require you to submit to two portfolio reviews each year, although the law doesn’t specify what your portfolio must include or prove.

In 2016, the USVI Board of Education took steps toward adopting new regulations. However, we believe the board did not follow the prerequisite steps necessary for the proposed regulations to come into force. Therefore, we believe that only the regulations described above are currently in force. The board disagrees with our view on this. If you encounter issues with these regulations and are an HSLDA member, please contact us.

The importance of recordkeeping

You can find Virgin Islands’s specific recordkeeping requirements, if any, above. Regardless of what jurisdiction you live in, HSLDA recommends that you keep detailed records of your homeschool program. These records may be helpful if you face an investigation regarding your homeschooling or your student needs to furnish proof of education.

These records should include attendance records, information on the textbooks and workbooks your student used, samples of your student’s schoolwork, correspondence with school officials, portfolios and test results, and any other documents showing that your child is receiving an appropriate education in compliance with the law. You should maintain these records for at least two years. You should keep your student’s high school records and proof of compliance with the home education laws during the high school years (including any type of home education notice that you file with state or local officials) on file forever. HSLDA’s high school webpage has additional information about homeschool recordkeeping.

Home School Legal Defense Association is a national advocacy organization that supports the right of parents to educate their children at home. We are dedicated to protecting the legality of your homeschool while equipping you to successfully teach your children.

HSLDA members have 24/7 phone and email access to our staff of attorneys and legal assistants, who can help you understand the homeschool law in your state and will go to bat for you if a school official or other authority challenges your homeschool. Our 80,000 members—families like you!— also receive personalized advice on everything from homeschooling a high schooler to teaching a child with special needs from our team of education consultants.

Join HSLDA! Visit: hslda.org/join

Please note: The information on this page has been reviewed by an attorney, but it should not be taken as legal advice specific to your individual situation.

Last updated July 1, 2019