Across the country and in Virginia, parents are educating their children outside the bounds of traditional public or private schools in ever-increasing numbers. For the 2023-2024 school year, over 60,000 students registered as homeschooled or for a religious exemption with the Virginia Department of Education.
Homeschooling is increasingly attractive to parents seeking to meet the needs of their children through a flexible and tailored education. Many parents are discovering that they can create a safe, optimal learning environment in which their children thrive. For some families, home-based learning, apart from the distractions and strictures of traditional school settings, provides more and better educational outcomes for their children.
As more families opt for home-based instruction, there are more opportunities for state and local education officials in Virginia to interfere. Whether motivated by vague concerns about the best interests of children, a focus on truancy enforcement and prevention, or a lack of information about the home instruction statute, school officials may misstep or overstep when working with homeschooling families.
As a homeschooling parent, you have rights in Virginia that prevent the interference of state or local education officials in your child's education. The Lento Law Firm's experienced Education Law Team can work with you to navigate Virginia's home instruction requirements and protect you and your children from improper interference in their education. Contact us at 888-535-3686 or complete an online consultation form.
By partnering with the Lento Law Firm, you can prioritize your child and their education, confident that our team is looking out for you. Whether you are concerned about the improper application of Virginia state law or the illegal interference of education officials, we can help you educate school division employees and assert your parental and statutory rights when necessary.
Virginia's Compulsory Attendance Code and Home Instruction Statute
In Virginia, the Compulsory Attendance Code (§22.1-254) and the Home Instruction Statute (§22.1-254.1) provide the legal framework for homeschooling. Complying with these Virginia laws is the essential foundation of your family's successful home instruction experience.
The Compulsory Attendance Code generally requires that children in the state must attend a public or private school from the age of 5 until turning 18 or meet the requirements for home instruction. Families may opt out of mandatory school attendance by qualifying for an exemption, such as the religious exemption in §22.1-254.B.1. The Home Instruction Statute includes the requirements for successfully homeschooling a child consistent with state law.
Although the majority of Virginia students who are learning at home do so under the Home Instruction Statute, some students are exempt from the compulsory attendance requirement based on a religious exemption. The narrow religious exemption allows students to opt out of school attendance based on bona fide religious training or belief. The religious exemption cannot be invoked based on political, sociological, or philosophical views or a personal moral code. If you believe your child is eligible for a religious exemption from compulsory attendance in Virginia, the Lento Law Firm can help.
The Requirements of Virginia's Home Instruction Statute
Once parents decide to homeschool their child, the next step is complying with Virginia's home instruction statute. After identifying and meeting the legal requirements to homeschool your child, you can then confidently focus on your child and their academic success. The Lento Law Firm's Education Law Team can help guide your family through Virginia's home instruction requirements and answer any questions that you may have.
In Virginia, homeschooling parents must meet four conditions to homeschool their children: the teaching parent must meet one of the criteria to qualify to provide home instruction, a notice of intent to homeschool must be sent to the local school division on an annual basis, a list of subjects to be studied must be provided to the local school division each year, and evidence of the student's academic progress must be submitted annually.
Criteria for a Parent to Provide Home Instruction
For a parent to be eligible to provide homeschooling for their child, one of the following conditions must be met:
- The parent must have a high school diploma or higher credential, such as a bachelor's degree.
- The parent is qualified as a teacher by the Virginia State Board of Education, as evidenced by a teaching license or letter of eligibility for licensure.
- The parent provides their child with a program or curriculum delivered by correspondence course, distance learning program, or another manner.
- The parent provides other evidence of their ability to provide an adequate education for their child. Local school divisions determine what other evidence is acceptable to prove that the parent is qualified.
The teaching parent must meet one of these conditions to be qualified to provide home instruction to their child.
Notice of Intent
A parent who decides to homeschool their child must provide the division (school district) superintendent with notice of their intention to do so no later than August 15 each year.
This annual notice must include a statement of the parent's intention to homeschool their child, a description of the curriculum for the year, and evidence that the teaching parent met one of the criteria for home instruction.
If a parent begins home instruction in the middle of the school year or moves to a new school division after the school year, the division superintendent must be notified of their intention to provide homeschooling as soon as practicable, and then the parent has 30 days to comply with the other requirements.
Fulfilling the notice of intent requirement is an essential step in avoiding any charge of truancy. Parents can best position themselves to respond to any inquiry by a school district by meeting the notice of intent timeline and maintaining proof of its submission.
List of Subjects to be Studied
The Home Instruction Statute also requires that parents provide a list of subjects that will be studied to the local school division superintendent. It is not necessary to update the student's curriculum throughout the year. Importantly, school divisions do not have the right to override, critique, or amend the subjects included in the curriculum. Furthermore, local school officials do not have the authority to approve a curriculum submitted by a homeschooling parent.
If a school division oversteps and tries to object to or influence your curriculum plan, contact the Lento Law Firm for assistance. We can manage and facilitate any necessary conversations with a local school division or superintendent on your behalf.
Evidence of Progress
Each year, homeschooling parents must provide evidence of their child's academic progress during the prior year by August 1. Academic achievement can be documented by the child's attainment of a composite score in or above the fourth stanine on a nationally normed standardized test or an equivalent score on the ACT, SAT, or PSAT.
Alternatively, parents may submit an assessment or evaluation letter from a qualifying individual stating that their child is achieving adequate academic progress or a report card or transcript from a home-education correspondence school, a college distance learning program, or a community college or college.
The assessment or evaluation letter must be completed by a person licensed to teach in any state, or a person with a master's degree or higher in an academic discipline, with knowledge of your child's academic progress. The letter must state that your child is achieving an adequate level of educational growth.
In the alternative, a report card or transcript from an institution of higher education, college distance learning program, or home-education correspondence school is acceptable evidence of adequate academic progress. As long as the assessment meets the criteria of the statute, a school division cannot impose additional requirements on the evaluations or assessments.
Navigating Virginia's homeschooling requirements is easier with the Lento Law Firm's experienced Education Law Team on your side. Our dedicated and experienced attorneys can partner with you to answer your questions or resolve any miscommunications or conflicts with state or local education authorities so that you can remain focused on ensuring your child receives the educational opportunities that they deserve. Whether by offering guidance on how to respond to state inquiries or by providing more formal representation, the Lento Law Firm Team will work tirelessly to protect your rights.
Immunizations and Homeschooling in Virginia
The decision to homeschool does not exempt your child from Virginia's vaccination requirements. The immunization requirements for homeschooled students are the same as for students attending school in person.
Proof of vaccination of homeschooled students does not need to be submitted to the state; however, a school division superintendent may request evidence of vaccination for homeschooled children. At the request of the superintendent, parents must submit proof of their children's vaccinations.
Parents should maintain records that their child has received the statutorily required vaccines or evidence that their child is eligible for an exemption from Virginia's vaccination requirements.
Resources Available to Homeschool Students Who Are Eligible for Special Education Services
If you are homeschooling a child with special education needs, your student may be eligible for some related services. Under Virginia's special education regulation (8 VAC20-81-150.C.1(3) and (4)), homeschooled students are treated the same as private school students for purposes of accessing some special education services provided by or through local school divisions.
There is no requirement that school divisions provide homeschooled students with the same special education support as they do for students enrolled in public schools.
If your child attends a public school with an Individual Education Plan (IEP) and you plan to homeschool, you may wish to reach out to your child's school to determine what resources may be available when your child is homeschooled. Your child may receive different types of support as a student who is homeschooled. School divisions are not required to continue to provide the same special education services if the child is no longer enrolled in the school.
If you currently homeschool your child and suspect they may have an educational disability, it will be necessary to work through the school division's referral process to determine what services may be available.
The Lento Law Firm Team can assist you throughout your school division's referral process, including explaining why a special education referral is needed.
Challenges for Parents and Students Who Homeschool
Parents who homeschool their children face a litany of challenges, and state or local interference should not be one of them. Even the well-intended involvement of a local district, if it is outside of the law, is an unnecessary distraction.
As homeschooling continues to grow, more and more local and state education officials will interact with increasing numbers of homeschooling families. As with any new and evolving education practice, school district employees may struggle with implementing the requirements without infringing on the rights of parents.
When a school division attempts to collect unnecessary student information, creates curriculum or testing criteria outside of the statutory requirements, or otherwise increases the administrative burden on homeschooling parents, the Education Law Team at the Lento Law Firm can help.
Protecting Your Student and Your Right to Homeschool
As a parent, protecting your child is your highest calling. When you partner with he Lento Law Firm, we can navigate the system on your behalf—so that you can focus on your child and their education.
Whether you encounter a school district that is unintentionally misinterpreting Virginia's home instruction requirements or purposefully overreaching into the lives of homeschooling families, the Education Law Team at the Lento Law Firm can help protect your family and your homeschooling efforts. Our experienced attorneys understand the needs of families, the complexities of education, and the often-nuanced relationship that homeschooling families have with local school divisions and administrators.
If you have questions about Virginia's home instruction law or if local education authorities are interfering in your homeschooling efforts, the Lento Law Firm's Education Law Team can work on your behalf. We are committed to resolving problems with school officials, rigorously protecting your and your student's educational rights, and ensuring you can prioritize your child and their academic success. Call the Lento Law Firm at 888-535-3686 or complete an online consultation form.
