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Virginia
Home Schooling - State Laws &
Regulations
Please Note This Important
Notice:
Virginia
home schooling laws and regulations cannot be summarized in a short
informational page or overview. It is incumbent upon
you to perform due diligence in researching and
familiarizing yourself with your state's legal's and
regulations as they pertain to homeschooling. This
information is provided for you to give you a
starting point. This is not intended to be legal
advice and is distributed for basic informational
purposes only. For more information about the laws
and regulations in this state please contact a state
or local support group or your public library.
From 6 to 18 years of age.
Parent Qualifications: File annual Notice of Intent
22.1-254 -
Compulsory attendance required;
excuses and waivers; alternative education program attendance;
exemptions from article.
A. Except as otherwise provided in this article, every parent,
guardian, or other person in the Commonwealth having control or charge
of any child who will have reached the fifth birthday on or before
September 30 of any school year and who has not passed the eighteenth
birthday shall, during the period of each year the public schools are in
session and for the same number of days and hours per day as the public
schools, send such child to a public school or to a private,
denominational or parochial school or have such child taught by a tutor
or teacher of qualifications prescribed by the Board of Education and
approved by the division superintendent or provide for home instruction
of such child as described in § 22.1-254.1.
As prescribed in the regulations of the Board of Education, the
requirements of this section may also be satisfied by sending a child to
an alternative program of study or work/study offered by a public,
private, denominational or parochial school or by a public or private
degree-granting institution of higher education. Further, in the case of
any five-year-old child who is subject to the provisions of this
subsection, the requirements of this section may be alternatively
satisfied by sending the child to any public educational prekindergarten
program, including a Head Start program, or in a private, denominational
or parochial educational prekindergarten program.
Instruction in the home of a child or children by the parent,
guardian or other person having control or charge of such child or
children shall not be classified or defined as a private, denominational
or parochial school.
The requirements of this section shall apply to (i) any child in the
custody of the Department of Juvenile Justice or the Department of
Corrections who has not passed his eighteenth birthday and (ii) any
child whom the division superintendent has required to take a special
program of prevention, intervention, or remediation as provided in
subsection C of § 22.1-253.13:1 and in § 22.1-254.01. However, the
requirements of this section shall not apply to any child who has
obtained a high school diploma, its equivalent, or a certificate of
completion or who has otherwise complied with compulsory school
attendance requirements as set forth in this article.
B. A school board shall excuse from attendance at school:
1. Any pupil who, together with his parents, by reason of bona
fide religious training or belief is conscientiously opposed to
attendance at school. For purposes of this subdivision, "bona fide
religious training or belief" does not include essentially
political, sociological or philosophical views or a merely personal
moral code; and
2. On the recommendation of the juvenile and domestic relations
district court of the county or city in which the pupil resides and
for such period of time as the court deems appropriate, any pupil
who, together with his parents, is opposed to attendance at a school
by reason of concern for such pupil's health, as verified by
competent medical evidence, or by reason of such pupil's reasonable
apprehension for personal safety when such concern or apprehension
in that pupil's specific case is determined by the court, upon
consideration of the recommendation of the principal and division
superintendent, to be justified.
C. A school board may excuse from attendance at school:
1. On recommendation of the principal and the division
superintendent and with the written consent of the parent or
guardian, any pupil who the school board determines, in accordance
with regulations of the Board of Education, cannot benefit from
education at such school; and
2. On recommendation of the juvenile and domestic relations
district court of the county or city in which the pupil resides, any
pupil who, in the judgment of such court, cannot benefit from
education at such school.
D. Local school boards may allow the requirements of subsection A of
this section to be met under the following conditions:
For a student who is at least sixteen years of age, there shall
be a meeting of the student, the student's parents, and the
principal or his designee of the school in which the student is
enrolled in which an individual student alternative education plan
shall be developed in conformity with guidelines prescribed by the
Board, which plan must include:
a. Career guidance counseling;
b. Mandatory enrollment and attendance in a general
educational development preparatory program or other alternative
education program approved by the local school board with
attendance requirements that provide for reporting of student
attendance by the chief administrator of such GED preparatory
program or approved alternative education program to such
principal or his designee;
c. Counseling on the economic impact of failing to complete
high school; and
d. Procedures for reenrollment to comply with the
requirements of subsection A of this section.
A student for whom an individual student alternative education
plan has been granted pursuant to this subsection and who fails to
comply with the conditions of such plan shall be in violation of the
compulsory school attendance law, and the division superintendent or
attendance officer of the school division in which such student was
last enrolled shall seek immediate compliance with the compulsory
school attendance law as set forth in this article.
Students enrolled with an individual student alternative
education plan shall be counted in the average daily membership of
the school division.
E. A school board may, in accordance with the procedures set forth in
§ 22.1-277 and upon a finding that a school-age child has (i) committed
an offense in violation of school board policies, (ii) been charged with
an offense relating to the Commonwealth's laws, or with a violation of
school board policies, on weapons, alcohol or drugs, or intentional
injury to another person, or (iii) been expelled from school attendance
pursuant to § 22.1-277.01, require the child to attend an alternative
education program as provided in § 22.1-209.1:2 or § 22.1-277.1.
F. Whenever a court orders any pupil into an alternative education
program offered in the public schools, the local school board of the
school division in which the program is offered shall determine the
appropriate alternative education placement of the pupil, regardless of
whether the pupil attends the public schools it supervises or resides
within its school division.
The juvenile and domestic relations district court of the county or
city in which a pupil resides or in which charges are pending against a
pupil, or any court in which charges are pending against a pupil, may
require the pupil who has been charged with (i) a crime which resulted
in or could have resulted in injury to others, (ii) a violation of
Article 1 (§ 18.2-77 et seq.) of Chapter 5 of Title 18.2, or (iii) any
offense related to possession or distribution of any Schedule I, II, or
III controlled substances to attend an alternative education program,
including, but not limited to, night school, adult education, or any
other education program designed to offer instruction to students for
whom the regular program of instruction may be inappropriate.
This subsection shall not be construed to limit the authority of
school boards to expel, suspend, or exclude students, as provided in §§
22.1-277, 22.1-277.01, and 22.1-277.2. As used in this subsection, the
term "charged" means that a petition or warrant has been filed or is
pending against a pupil.
G. Within one calendar month of the opening of school, each school
board shall send to the parents or guardian of each student enrolled in
the division a copy of the compulsory school attendance law and the
enforcement procedures and policies established by the school board.
H. The provisions of this article shall not apply to:
1. Children suffering from contagious or infectious diseases
while suffering from such diseases;
2. Children whose immunizations against communicable diseases
have not been completed as provided in § 22.1-271.2;
3. Children under ten years of age who live more than two miles
from a public school unless public transportation is provided within
one mile of the place where such children live;
4. Children between the ages of ten and seventeen, inclusive, who
live more than 2.5 miles from a public school unless public
transportation is provided within 1.5 miles of the place where such
children live; and
5. Children excused pursuant to subsections B and C of this
section.
Further, any child who will not have reached his sixth birthday
on or before September 30 of each school year whose parent or
guardian notifies the appropriate school board that he does not wish
the child to attend school until the following year because the
child, in the opinion of the parent or guardian, is not mentally,
physically or emotionally prepared to attend school, may delay the
child's attendance for one year.
The distances specified in subdivisions 3 and 4 of this
subsection shall be measured or determined from the child's
residence to the entrance to the school grounds or to the school bus
stop nearest the entrance to the residence of such children by the
nearest practical routes which are usable for walking or riding.
Disease shall be established by the certificate of a reputable
practicing physician in accordance with regulations adopted by the
Board of Education.
22.1-254.1 Declaration of policy; requirements for home
instruction of children.
A. When the requirements of this section have been satisfied,
instruction of children by their parents is an acceptable alternative
form of education under the policy of the Commonwealth of Virginia. Any
parent of any child who will have reached the fifth birthday on or
before September 30 of any school year and who has not passed the
eighteenth birthday may elect to provide home instruction in lieu of
school attendance if he (i) holds a baccalaureate degree in any subject
from an accredited institution of higher education; or (ii) is a teacher
of qualifications prescribed by the Board of Education; or (iii) has
enrolled the child or children in a correspondence course approved by
the Superintendent of Public Instruction; or (iv) provides a program of
study or curriculum which, in the judgment of the division
superintendent, includes the standards of learning objectives adopted by
the Board of Education for language arts and mathematics and provides
evidence that the parent is able to provide an adequate education for
the child.
B. Any parent who elects to provide home instruction in lieu of
school attendance shall annually notify the division superintendent in
August of his intention to so instruct the child and provide a
description of the curriculum to be followed for the coming year and
evidence of having met one of the criteria for providing home
instruction as required by subsection A of this section. Effective July
1, 2000, parents electing to provide home instruction shall provide such
annual notice no later than August 15. Any parent who moves into a
school division or begins home instruction after the school year has
begun shall notify the division superintendent of his intention to
provide home instruction as soon as practicable and shall comply with
the requirements of this section within thirty days of such notice. The
division superintendent shall notify the Superintendent of Public
Instruction of the number of students in the school division receiving
home instruction.
C. The parent who elects to provide home instruction shall provide
the division superintendent by August 1 following the school year in
which the child has received home instruction with either (i) evidence
that the child has attained a composite score in or above the fourth
stanine on a battery of achievement tests which have been approved by
the Board of Education for use in the public schools or (ii) an
evaluation or assessment which, in the judgment of the division
superintendent, indicates that the child is achieving an adequate level
of educational growth and progress.
In the event that evidence of progress as required in this subsection
is not provided by the parent, the home instruction program for that
child may be placed on probation for one year. Parents shall file with
the division superintendent evidence of their ability to provide an
adequate education for their child in compliance with subsection A of
this section and a remediation plan for the probationary year which
indicates their program is designed to address any educational
deficiency. Upon acceptance of such evidence and plan by the division
superintendent, the home instruction may continue for one probationary
year. If the remediation plan and evidence are not accepted or the
required evidence of progress is not provided by August 1 following the
probationary year, home instruction shall cease and the parent shall
make other arrangements for the education of the child which comply with
§ 22.1-254. The requirements of subsection C shall not apply to children
who are under the age of six as of September 30 of the school year.
D. For purposes of this section, "parent" means the biological parent
or adoptive parent, guardian or other person having control or charge of
a child.
Nothing in this section shall prohibit a pupil and his parents from
obtaining an excuse from school attendance by reason of bona fide
religious training or belief pursuant to § 22.1-254 B 1.
E. Any party aggrieved by a decision of the division superintendent
may appeal his decision within thirty days to an independent hearing
officer. The independent hearing officer shall be chosen from the list
maintained by the Executive Secretary of the Supreme Court for hearing
appeals of the placements of children with disabilities. The costs of
the hearing shall be apportioned among the parties by the hearing
officer in a manner consistent with his findings.
22.1-255. Nonresident children.
Any person who has residing with him for a period of sixty days or
more any child within the ages prescribed in 22.1-254 whose parents or
guardians reside in another state or the District of Columbia shall be
subject to the provisions of 22.1-254 and shall pay or cause to be paid
any tuition charges for such child that may be required pursuant to
22.1-5 or shall return such child to the home of his parents or legal
guardians. (Code 1950, 22-220; 1958, c. 628; 1968, c. 178; 1976, cc.
681, 713; 1978, c. 140; 1980, c. 559.)
22.1-256. Children exempted from article.
A. The provisions of this article shall not apply to:
Children suffering from contagious or infectious diseases while
suffering from such diseases;
1a. Children whose immunizations against communicable diseases have
not been completed as provided in 22.1-271.2;
Children under ten years of age who live more than two miles
from a public school unless public transportation is provided within
one mile of the place where such children live;
Children between ten and seventeen years of age who live more
than 2 1/2 miles from a public school unless public transportation
is provided within 1 1/2 miles of the place where such children
live;
Children excused under 22.1-257 of this article;
Any child who will not have reached his sixth birthday on or
before September 30 of each school year whose parent or guardian
notifies the appropriate school board that he does not wish the
child to attend school until the following year;
Any child withdrawn from kindergarten as provided in 22.1-3
until the school year following the withdrawal.
B. The distances specified in paragraphs A 2 and A 3 of this section
shall be measured or determined from the entrance to the school grounds
or the school bus stop nearest the entrance to the residence of such
children by the nearest practical routes which are usable for walking or
riding. Disease shall be established by the certificate of a reputable
practicing physician in accordance with regulations adopted by he Board
of Education. (Code 1950, 22-275.3; 1959, Ex. Sess., c. 72; 1968c. 178;
1975, c. 558; 1976, cc. 681, 713; 1978, c. 518; 1980, c. 559; 1981, c.
540; 1985, c. 407.)
* The 1985 amendment substituted "September 30" for "December
thirty-one" in subdivision A 5.
22.1-257.Excusing children who cannot benefit from
education or whose parents conscientiously object; excusing children for
reasons of health or apprehension for personal safety.
A. A school board:
May, on recommendation of the principal and the division
superintendent, with the written consent of the parent or guardian,
excuse from attendance at school any pupil who the school board
determines, in accordance with regulations of the Board of
Education, cannot benefit from education at such school;
Shall excuse from attendance at school any pupil who, together
with his parents, by reason of bona fide religious training or
belief, is conscientiously opposed to attendance at school;
Shall, on the recommendation of the juvenile and domestic
relations district court of the county or city in which the pupil
resides, excuse from attendance at school for such period of time as
the court deems appropriate any pupil who, together with his
parents, is opposed to attendance at a school by reason of concern
for such pupil's health, as verified by competent medical evidence,
or by reason of such pupil's reasonable apprehension for personal
safety when such concern or apprehension in that pupil's specific
case is determined by the court to be justified;
May, on recommendation of the juvenile and domestic relations
district court of the county or city in which the pupil resides,
excuse from attendance at school any pupil who, in the judgment of
such court, cannot benefit from education at school.
B. The court in reaching its determination as to whether the concern
or apprehension referred to in paragraph A 3 of this section is
justified shall take into consideration the recommendation of the
principal and division superintendent.
C. As used in paragraph A 2 of this section, the term "bona fide
religious training or belief" does not include essentially political,
sociological or philosophical views or a merely personal moral code.
(Code 1950, 22-275.4, 22-275.4:1; 1954, c. 638; 1959, Ex. Sess., c. 72;
1968, c. 178; 1970, cc. 162, 451; 1976, c. 692; 1980, c. 559.)
22.1-263. Violation constitutes misdemeanor.
Any person violating the provisions of either §22.1-254, except for
clause (ii) of subsection A, §22.1-255, or §22.1-267 shall be guilty of
a Class 3 misdemeanor. Upon a finding that a person knowingly and
willfully violated any provision of §22.1-254, except for clause (ii) of
subsection A, or any provision of §22.1-255 or §22.1-267 and that such
person has been convicted previously of a violation of any provision of
§22.1-254, except for clause (ii) of subsection E A, or any provision of
§22.1-255 or §22.1-267, such person shall be guilty of a Class 2
misdemeanor.
22.1-271.4. Health requirements for home-instructed, exempted, and
excused children.
In addition to compliance with the requirements of subsection B, C,
or H of ' 22.1-254 or 22.1-254.1, any parent, guardian or other person
having control or charge of a child being home instructed, exempted or
excused from school attendance shall comply with the immunization
requirements provided in ' 32.1-46 in the same manner and to the same
extent as if the child has been enrolled in and is attending school.
Upon request by the division superintendent, the parent shall submit
to such division superintendent documentary proof of immunization in
compliance with ' 32.1-46.
No proof of immunization shall be required of any child upon
submission of (i) an affidavit to the division superintendent stating
that the administration of immunizing agents conflicts with the parent's
or guardian's religious tenets or practices or (ii) a written
certification from a licensed physician that one or more of the required
immunizations may be detrimental to the child's health, indicating the
specific nature of the medical condition or circumstance that
contraindicates immunization.
32.1-46. Immunization of children against certain diseases.
A. The parent, guardian or person standing in loco parentis of each
child within this Commonwealth shall cause such child to be immunized by
vaccine against diphtheria, tetanus, whooping cough and poliomyelitis
before such child attains the age of one year, against Haemophilus
influenzae type b before he attains the age of thirty months, and
against measles (rubeola), German measles (rubella) and mumps before
such child attains the age of two years. All children born on or after
January 1, 1994, shall be required to receive immunization against
hepatitis B before their first birthday. All children shall also be
required to receive a second dose of measles (rubeola) vaccine in
accordance with the regulations of the Board. The Board's regulations
shall require that all children receive a second dose of measles (rubeola)
vaccine prior to first entering kindergarten or first grade and that all
children who have not yet received a second dose of measles (rubeola)
vaccine receive such second dose prior to entering the sixth grade. All
children born on or after January 1, 1997, shall be required to receive
immunization against varicella zoster (chicken pox), not earlier than
the age of twelve months. Children who have evidence of immunity as
demonstrated by laboratory confirmation of immunity or a reliable
medical history of disease are exempt from such requirement. After July
1, 2001, all children who have not yet received immunization against
hepatitis B shall receive such immunization prior to entering sixth
grade.
The parent, guardian or person standing in loco parentis may have
such child immunized by a physician or registered nurse or may present
the child to the appropriate local health department, which shall
administer the required vaccines without charge.
B. A physician, registered nurse or local health department
administering a vaccine required by this section shall provide to the
person who presents the child for immunizations a certificate which
shall state the diseases for which the child has been immunized, the
numbers of doses given, the dates when administered and any further
immunizations indicated.
C. The vaccines required by this section shall meet the standards
prescribed in, and be administered in accordance with, regulations of
the Board.
D. The provisions of this section shall not apply if:
1. The parent or guardian of the child objects thereto on the
grounds that the administration of immunizing agents conflicts with
his religious tenets or practices, unless an emergency or epidemic
of disease has been declared by the Board, or
2. The parent or guardian presents a statement from a physician
licensed to practice medicine in Virginia which states that the
physical condition of the child is such that the administration of
one or more of the required immunizing agents would be detrimental
to the health of the child.
E. For the purpose of protecting the public health by ensuring that
each child receives age-appropriate immunizations, any physician,
licensed institutional health care provider, local or district health
department, and the Department of Health may share immunization and
child locator information, including, but not limited to, the month,
day, and year of each administered immunization; the child's name,
address, telephone number, birth date, and social security number; and
the parents' names. The immunization information; the child's name,
address, telephone number, birth date, and social security number; and
the parents' names shall be confidential and shall only be shared for
the purposes set out in this subsection.
