Homeschooling in Virginia & Homeschool Laws

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HOMESCHOOLING IN VIRGINIA & HOMESCHOOL LAWS

You may be considering homeschooling your children in Virginia, but don’t know where to start regarding state regulations and requirements. This guide will walk you through what you need to know to successfully set up your own homeschool program legally in Virginia. We’ll cover the history of homeschooling in Virginia, current Virginia law and regulations, required notifications and filings, curriculum and testing choices, high school transcripts, extracurricular activities, graduation requirements, and special education services.

History of Homeschooling in Virginia

Homeschooling in Virginia became legally recognized in 1984 with the passage of a home instruction statute, which allowed parents to teach their children at home under the state’s religious exemption statute. Before this, parents who wished to homeschool had to get approval from their local district, which often imposed strict requirements.

In 1993, the state legislature passed a bill, providing a notice of intent option for parents and giving them an alternative to claiming a religious exemption. The notice of intent home instruction statute allowed any parent with a high school diploma or higher to homeschool their children by filing appropriate paperwork with their local district.

Over the past few decades, homeschooling has grown significantly in popularity in Virginia. As of fall 2020, there were an estimated 62,054 homeschooled students in the state, representing approximately 5% of the total K-12 students. This marks a steep increase from the mid-1990s, when there were fewer than 10,000 homeschoolers statewide. See Reference.

Currently in the Old Dominion State, Virginia law offers four criteria for homeschooling that guide parents in choosing between basic options to tailor a curriculum that meets the diverse needs of students.

Current Virginia Homeschool Laws and Regulations

In Virginia, education is compulsory for children between the ages of 5 and 18, with certain exemptions allowed, including homeschooling. Parents have four legal options for fulfilling school attendance under the compulsory attendance law, per the Virginia Code:

  1. Enroll the child in a public school or an accredited private school. 

  2. Enroll the child in a private or denominational school by reason of bona fide religious training or belief the student is conscientiously opposed to attendance at school. A student of parents with bona fide or sincerely held religious beliefs are excused from attendance at school by their school board. Be prepared to provide proof of your convictions to a Virginia school board.

  3. Have the child taught by a tutor or teacher who meets state qualifications under the certified tutor provision.

  4. Provide home instruction that meets state requirements. If a parent possesses a current Virginia teacher certification, they may use the certified tutor provision to homeschool their student.

If a child who is required to attend school fails to do so, they may be considered truant under the compulsory attendance law. After five unexcused absences under the compulsory attendance law, the school must refer students to a truancy intervention team, which will develop a plan to resolve school attendance issues. If non-compliance of the compulsory attendance law continues, court proceedings may be initiated against the parents.

To legally homeschool in Virginia, parents must follow one of four criteria:

  1. File a notice of intent to provide home instruction.

  2. Request religious exemption from school attendance.

  3. Hire a certified tutor to teach the child under the certified tutor provision.

  4. Enroll the child in a private school that offers an accredited distance learning program.

The vast majority of homeschool families choose option 1, filing a notice of intent. In Virginia, many families opting for homeschooling must adhere to four criteria set by the division superintendent, including ensuring the parent holds a relevant qualification and providing a curriculum that includes basic options like the PSAT test.

In the Dominion State of Virginia, homeschooling for the school year can include a mix of in-person learning and individual courses tailored to each student’s needs. In Virginia, homeschooling parents must provide instruction that meets state standards and submit evidence of their child’s progress to the division superintendent, including assessment requirements that show an equivalent score to public school performance requirements. When considering the differences in homeschool laws, Virginia is not as strict as other states in the regulation of homeschooling.

How to Set Up a Homeschool In Virginia

When considering whether to homeschool in Virginia, laws require parents to file a Notice of Intent with their local school district. To start homeschooling under the notice of intent home instruction statute, follow these steps:

  1. Draft a notice of intent that includes the child’s name, age, gender, and address. You may use the sample form provided by the Virginia Dept of Education (VDOE) or draft your own letter containing the same information.

  2. Attach evidence demonstrating that you, the parent, meet ONE of the following requirements:

    • Hold a high school diploma or higher degree.

    • Are a certified teacher in any state, with a current teacher certification and able to provide adequate education. Parents with current Virginia teacher certification may teach under the certified tutor provision.

    • Are enrolled in a distance learning program at an accredited institution, with your child enrolled as well. Provide documentation of your enrollment and your child’s.

    • Received a religious exemption for your child. If you intend to instruct your child yourself, attach a separate statement noting this.

  3. File the notice and attachments with your local school division superintendent no later than August 15 if withdrawing your child from public school to begin homeschooling. If moving into Virginia from another state, file the notice as soon as possible upon establishing residency.

  4. Begin providing home instruction. You are not required to follow the public school calendar or schedule.

If your child is currently enrolled in a Virginia public school, you must formally withdraw them using the school’s withdrawal form and file the notice of intent. You do not need to wait for approval to begin homeschooling under the homeschool laws in Virginia. 

No specific teacher qualifications are required to homeschool in Virginia beyond the requirements outlined above. You do not need a teaching license or education degree, just evidence that you can provide an adequate education.

In Virginia, students seeking accredited programs can find a variety of options tailored to their educational needs. For those new to homeschooling, exploring accredited homeschool programs in Virginia can offer a structured and supportive learning environment.

Maintaining Your Virginia Homeschool

To maintain your homeschool’s legal status in Virginia, you must submit proof of your child’s academic progress to your local superintendent by August 1 each school year. You have five options for supplying this proof: 

  1. Evidence that your child took a standardized achievement test and achieved a composite score at or above the 23rd percentile. Many homeschoolers use the California Achievement Test, Iowa Test of Basic Skills, or Stanford Achievement Test.

  2. An evaluation letter from a qualified individual who has reviewed your child’s progress. This may be a licensed teacher, a person with a master’s degree or higher in an academic discipline, or a person with a graduate degree in the education of children with disabilities.

  3. A report card or transcript from a community college or distance learning program, such as a correspondence course or online curriculum, demonstrating your child’s academic proficiency from receiving an adequate education. The program must be accredited by a recognized agency.

  4. A portfolio of your child’s work demonstrating academic progress. This may include samples of your child’s writing, worksheets, workbooks, reading logs, creative materials, and end of year assessments.

  5. If your child is not yet 6 years old, you may submit a letter stating that you plan to submit proof of progress as described above by August 1 of the following school year, when your child turns 6.

If you have additional children you wish to homeschool, you must file a separate notice of intent for each one and submit individualized progress reports. If you are ready to homeschool, Virginia is a great place to begin the journey!

Virginia Homeschool Reporting Requirements

When homeschooling in Virgina, laws require you to annually submit proof of your child’s academic progress to your local superintendent no later than August 1. There are no additional reporting requirements for homeschoolers under Virginia homeschool laws.

However, if you move within the state, be sure to notify your new school district that you are homeschooling and provide your new address. If you move out of Virginia, consult the requirements of your new state. You may need to file additional paperwork to legally homeschool there.

Homeschool Testing In Virginia

Virginia law does not require homeschoolers to participate in state standardized tests. Some homeschool parents choose to administer standardized tests to assess progress, to prepare for college admissions, or to meet other states’ requirements. 

In Virginia, home instruction often involves a certified teacher to ensure educational quality, with some programs incorporating a correspondence course to supplement learning; however, standardized test scores remain a key measure of the academic progress of students. Virginia homeschool laws specify that students must have a composite score in or above the fourth stanine on any nationally normed standardized achievement test.

Funding Your Virginia Homeschool

If you choose to homeschool in Virginia, you will be responsible for all expenses associated with your child’s education. Virginia’s public schools receive state funding on a per-pupil basis, with the amount determined by a formula that accounts for local tax revenues. When you withdraw a child from public school to homeschool, the district no longer receives that state funding for your child.

Virginia currently provides no public funding to families to offset education expenses. The costs of homeschooling, including curriculum, supplies, technology, and services, are the sole responsibility of the parent. 

Some local school districts allow homeschooled students to enroll part-time in academic courses, electives, or extracurricular activities at the district’s discretion. However, they are permitted to charge reasonable tuition and fees for homeschoolers’ participation.

Federal Tax Breaks

Most families may be eligible for certain federal tax benefits to help offset educational expenses. One option is a Coverdell Education Savings Account, which allows money to grow tax-free when used for qualified education costs. Virginia homeschool parents might also be able to deduct a portion of mortgage interest or rent if part of the home is used regularly and exclusively for homeschooling. Finally, tax credits or deductions could be available for required books, supplies, equipment and curricula used for home instruction. To learn more about these potential tax advantages, homeschooling families should review the information and resources provided by the IRS.

Virginia Immunization Requirements

Within 30 days of starting a home instruction program, parents must submit proof that each child has received the immunizations required by the state, submit a notarized exemption form, or provide documentation that they have a religious or medical exemption. Submit these records to your local school district superintendent.

If you have a medical or religious objection to immunizations, you must submit a notarized exemption form to your local health department or school district.

Virginia State Graduation Requirements

To earn a standard high school diploma from a Virginia public high school, students must earn at least 22 credits in the following subject areas:

  • English/language arts: 4 standard credits

  • Mathematics: 3 standard credits

  • Laboratory Science: 3 standard credits

  • History and Social Sciences: 3 standard credits

  • Health and Physical Education: 2 standard credits

  • World Language, Fine Arts or Career and Technical Education: 2 standard credits

  • Economics and Personal Finance: 1 standard credit

  • Electives: 4 standard credits

Students must also complete one virtual course (which may be non-credit-bearing) and earn a board-approved career and technical education credential.

As a homeschool parent in Virginia, you are not legally obligated to follow or meet these graduation requirements. You may issue your own diploma when you feel your child has met your Virginia homeschool graduation standards. You may also create your own transcripts.

However, if you want your child to be eligible for a diploma from an accredited public or private school in Virginia, they must meet the state requirements. There are a few pathways for homeschoolers to do this:

  1. Enroll in a public high school, full- or part-time, and complete the necessary coursework and assessments. Your Virginia homeschool courses may be accepted for credit, but the school has discretion to determine which courses and how many credits will transfer.

  2. Complete a state-approved distance learning program through an accredited private school. The local school division will evaluate your child’s homeschool work and issue credits. Upon satisfying graduation requirements, they will award a diploma.

  3. Apply to a public school as a transfer student after completing some or all high school credits through homeschooling. The local school division will assess your child’s mastery of course content and may administer placement tests. They may award credit for your Virginia homeschool courses but are not required to do so.

Before pursuing one of these options, carefully research the school’s homeschool policies and meet with an admissions counselor to ensure your child is on track to graduate.

Virginia Homeschool Charters

Unlike some other states, Virginia does not currently have any homeschool charter schools. Charter schools are independently operated public schools that have more flexibility in curriculum, staffing, and operations than traditional public schools. They receive public funding and are open to all students through an application process. However, they are still considered public schools, not homeschools.

At present, there are only seven charter schools operating in Virginia, all of which use the same curriculum and end of year assessments as their local school division. They are not set up to support or supervise home instruction.

Local Virginia Homeschooling Resources

While Virginia does not provide financial assistance for homeschooling, there are numerous non-profit organizations, co-ops, enrichment programs, and support groups that offer advice on Virginia homeschool laws, group activities, and instruction for homeschoolers. Some notable resources include:

  • The Organization of Virginia Homeschoolers: This volunteer-run, member-supported organization provides comprehensive information on getting started, complying with Virginia homeschool laws, finding local support groups, and accessing enrichment activities.

  • Home Educators Association of Virginia (HEAV): Founded in 1983, HEAV is a Christian 501(c)(3) non-profit that offers support, information, and resources to Virginia homeschoolers.

  • Compass Homeschool Classes: Serving homeschoolers in the Fredericksburg area, this Christian co-op provides academic and elective courses for preK-12th grade.

  • Williamsburg Classical Community: This inclusive support group meets weekly in Toano for co-op classes, clubs, and social activities for all ages. They follow a classically-inspired curriculum with an emphasis on great books and hands-on learning.

  • Homeschool Out of the Box: This online directory connects Virginia homeschoolers with secular and inclusive classes, online schools, activities, events, and support groups in their local area.

Most localities in Virginia also have homeschool email lists, Facebook groups, or websites where members share information, ask questions about Virginia homeschool laws, organize meet-ups and field trips, and buy/sell used materials. Check with your local library or search online schools or online learning to find Virginia homeschool resources in your area.