Virginia Education Code For Homeschooling
This is not intended to be legal advice and is distributed
for information purposes only. Check for updates to Virginia
homeschooling laws at your public library.
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Compulsory attendance - From 6 to 18 years
of age on or before September 30.
Parent Qualifications: File annual Notice of Intent
(using a form or letter) and meet one of the following:
- Have a college degree and submit a description of a program
of study;
- Use a curriculum from the list of programs pre-approved by
the state;
- Describe a curriculum or program of study that includes the
state's Standards of Learning for mathematics and language arts
and show evidence that the parent is able to provide an adequate
education for the child;
- File a religious exemption (once obtained, no further notice
required);
- Be a state certified teacher and homeschool under the Tutor
statute.
Testing: Choose one of the following:
- Submit results of standardized
achievement test by August 1. Parent may choose test, administrator,
location and date, subject to approval of local superintendant.
(Stanford 9 is the only test they *must* accept.) Child must
score above the 4th stanine (23rd percentile).
- Portfolio review
by local superintendent's office or reviewer (superintendent
has some say in who may qualify to review). Usually, reviewers
look for evidence of having met the Standards of Learning set
by the state.
- Independent assessment by certified teacher, who sends a
letter stating that s/he believes the child has achieved an adequate
level of educational growth and progress.
Updates
2008
The following is the text of the home instruction statute § 22.1-254.1 as it is expected to read after July 1, 2008. Inserted text is italicized, while deleted text is struck through. The changes cited below reflect the language of House bills HB 767 (Tata) and HB 1183 (Lingamfelter). Please note that any links in this text will go to the old version of § 22.1-254.1. The new language will be posted on the Virginia General Assembly website later this summer.
Declaration
of policy; requirements for home instruction of children.
Nonresident children.
Children exempted
from article.
Excusing children who cannot
benefit from education or whose parents conscientiously object;
excusing children for reasons of health or apprehension for personal
safety.
Violation constitutes misdemeanor.
Health requirements for home-instructed,
exempted, and excused children.
Immunization of children against certain
diseases.
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 high school diploma; 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
- (iii) 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 may be delivered through
a correspondence course or distance learning program or in any other manner; or
- (iv)
provides evidence that
the parent he 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.
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 thereafter comply
with the requirements of this section within 30 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 any nationally normed standardized achievement test or
- (ii) an evaluation or assessment which the division superintendent determines to
indicate that the child is achieving an adequate level of educational growth and progress, including but
not limited to:
- (a) an evaluation letter from a person licensed to teach in any state, or a person with a
master's degree or higher in an academic discipline, having knowledge of the child's academic progress,
stating that the child is achieving an adequate level of educational growth and progress; or
-
- (b) a report
card or transcript from a community college or college, college distance learning program, or home-education
correspondence school.
-
- 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 and a remediation plan for the probationary year that 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. 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 subdivision
B 1 of § 22.1-254.
E. Any party aggrieved by a decision of the division superintendent
may appeal his decision within 30 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.
F. School boards shall implement a plan to notify students
receiving home instruction pursuant to this section and their
parents of the availability of Advanced Placement (AP) and Preliminary
Scholastic Aptitude Test (PSAT) examinations and the availability
of financial assistance to low-income and needy students to take
these examinations. School boards shall implement a plan
to make these examinations available to students receiving home
instruction.
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.
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.
Home
Instruction
In accordance with Section 22.1-254.1 of the Code of Virginia,
any parent may elect to provide home instruction for his or her
school-age child in lieu of school attendance. Supplies forms.
From Fairfax County Public Schools website.
The Law - From HEAV
For more information on the Virginia homeschool law, for a Notice of Intent form, or to view a
helpful flowchart of the Virginia law, please contact Home Educators Association of Virginia (HEAV).
Homeschool Graduates Can Receive State Financial Aid!
After a long legislative process, Governor Timothy Kaine signed the Homeschool Financial Aid bill (SB 1547) into law on May 6, 2009. Homeschool graduates who are accepted to Virginia colleges can now qualify for state financial aid through the Virginia Guaranteed Assistance Program (VGAP).
The VGAP is a need- and merit-based undergraduate grant program with average yearly awards in '07-'08 of $3,671 for a community college student and $3,848 for a four-year college student. The new law addresses how homeschool graduates (including religiously exempt students) will meet the eligibility requirements for VGAP, particularly for grade point average or class rank. The law requires the State Council of Higher Education for Virginia (SCHEV) to develop "empirical alternative equivalent measures" for homeschoolers who apply for state financial aid programs.
From a Home Educators Association of Virginia's Legislative Update. Reprinted with permission.
Virginia
Law Related to Home Education
If you have additional questions not answered here, or would
like more information on Virginia homeschooling legal and political
issues, please contact VaHomeschoolers Government Affairs. VaHomeschoolers.
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