Virginia

Code of Virginia § 22.1-254.1 (Home Instruction Statute)

Virginia law explicitly recognizes home instruction as "an acceptable alternative form of education under the policy of the Commonwealth of Virginia" when requirements are met.

Additional Statutes

Key Feature: Virginia offers multiple pathways to legally homeschool, including options with no annual reporting requirements.

Virginia provides four distinct ways to legally homeschool:

Most families use the Home Instruction option — it's straightforward and doesn't require religious justification or teaching certification.

Parent Qualification (choose ONE)

To homeschool under § 22.1-254.1, a parent must meet one of these criteria:

Note: GED is generally not accepted as equivalent to a high school diploma for Option I. If you have a GED, use Option III or IV instead.

Notice of Intent Requirements

Your annual Notice of Intent must include:

1. Statement of intent to provide home instruction
2. Proof of qualification (Option I, II, III, or IV)
3. Curriculum description — limited to a list of subjects to be studied

Curriculum Description

The law limits the curriculum description to "a list of subjects to be studied during the coming year."

Examples of acceptable subject lists:

• Language Arts, Mathematics, Science, Social Studies, Physical Education
• Reading, Writing, Math, History, Science, Art, Music, Foreign Language

You are NOT required to provide:

• Specific curriculum names or publishers
• Textbook lists
• Unit plans or scope and sequence
• Daily or weekly schedules

Mid-Year Start

If you begin homeschooling after the school year starts:

• Notify the school division as soon as practicable
• Comply with all requirements within 30 days of notice

Moving to Virginia

Same process — notify within 30 days of establishing residency and comply with requirements.

By August 1 following each school year, you must submit ONE of the following:

Option (i): Standardized Testing

Composite score in or above the 4th stanine (23rd percentile) on any nationally normed standardized achievement test

Acceptable tests include:

• California Achievement Test (CAT)
• Iowa Assessments (ITBS)
• Stanford Achievement Test (Stanford 10)
• TerraNova
• ACT, SAT, or PSAT (equivalent scores accepted)

Note: Only the composite score matters. Individual subject scores below 4th stanine are fine if the composite meets the threshold.

Option (ii): Evaluation or Assessment

An evaluation the superintendent determines shows adequate progress, including:

(a) 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

The letter must state the child "is achieving an adequate level of educational growth and progress."

(b) Report Card or Transcript from:

• Community college or college
• College distance learning program
• Home-education correspondence school

Who Must Submit Evidence

• Children ages 6-18 (as of September 30)
• Exemption: Children under age 6 as of September 30 do NOT need to submit evidence of progress

If Progress Is Not Demonstrated

1. Program may be placed on probation for one year
2. Parent must submit remediation plan + proof of ability to educate
3. If still not meeting requirements after probationary year, home instruction must cease
4. Parent may appeal superintendent's decision within 30 days to independent hearing officer

Virginia is the only state with a specific religious exemption from compulsory school attendance.

Requirements

Per § 22.1-254(B)(1), a school board shall excuse a child if:

• The child, together with parents, holds bona fide religious beliefs
• They are conscientiously opposed to attendance at school

What Qualifies

✅ Does qualify:

• Sincere religious conviction that sending child to school would be wrong before God
• Belief rooted in relationship with a Supreme Being

❌ Does NOT qualify:

• Political, sociological, or philosophical views
• Personal moral code
• Disagreement with curriculum or teaching methods
• Safety concerns
• Desire to avoid testing requirements

If Approved

Once religious exemption is granted:

• No annual Notice of Intent required
• No curriculum description required
• No evidence of progress required
• School board may periodically inquire if exemption still applies

Process

1. Write application letter to school board explaining religious convictions
2. School board considers and votes on exemption
3. If approved, you're exempt from all compulsory attendance requirements

Important: This is a serious legal option based on genuine religious conviction — not a way to avoid paperwork.

No State Graduation Requirements

Virginia has no graduation requirements for homeschoolers:

• Parents determine requirements
• Parents decide when child has completed requirements
• Parents issue the diploma

Parent-Issued Diploma

What you need:

1. A diploma (signed and dated by parent)
2. A transcript documenting courses, grades, credits, and GPA

Accepted by:

• Colleges and universities
• Military branches
• Federal financial aid programs
• Most employers

Transcript Should Include

• Student name and contact information
• Homeschool name and parent contact
• Courses by year with grades and credits
• Cumulative GPA
• Optional: extracurriculars, volunteer work, achievements

Suggested Course Planning

Virginia public schools require these for graduation (for reference only — not required for homeschoolers):

Homeschoolers do NOT take SOL tests — these are not accepted as evidence of progress and are not required.

Access to Testing

School boards must make these available to homeschoolers:

• AP (Advanced Placement) exams
• PSAT/NMSQT
• PreACT

Compulsory Age

Ages 5-18 — Children who have reached their 5th birthday by September 30 and have not passed their 18th birthday.

Exceptions to evidence of progress:

• Children under age 6 as of September 30
• Children who have graduated
• Children 16+ who have passed GED

Part-Time Public School Enrollment

Virginia law allows school divisions to offer part-time enrollment to homeschoolers:

• Not required — each district decides
• Check your local school division policy
• Districts can count part-time students for funding (ADM)

Driver's Education

Homeschool parents may provide both:

• Classroom instruction
• Behind-the-wheel instruction

This allows teens to obtain driver's licenses without hiring an instructor.

Immunizations

Required for all Virginia children, including homeschoolers (§ 22.1-271.4):

• Must comply with § 32.1-46 immunization requirements
• Religious and medical exemptions available

Transfer Credits

If returning to public school:

• Schools must make provisions for transfer credit for high school courses (§ 22.1-253.13:4)
• Local policy varies on how credits are evaluated

Special Education

Homeschoolers are not entitled to special education services under Virginia law. However:

• Some districts may offer services voluntarily
• Private evaluations and services are available
• Consider joining a homeschool co-op with special needs support

Appeals Process

If superintendent denies or places you on probation:

1. You have 30 days to appeal
2. Appeal goes to independent hearing officer (attorney from Supreme Court list)
3. Costs apportioned by hearing officer based on findings