Virginia Homeschool Law - Virginia Homeschooling

Note: The following information is provided as a courtesy of VaHomeschoolers and should not be considered legal advice. For legal advice, please contact an licensed attorney.

The Organization of Virginia Homeschoolers strongly recommends that all homeschooling parents familiarize themselves with the full text of Virginia home education law. The ultimate authority on Virginia home education law is the Code of Virginia, 1950, as amended. The following links take you directly to the Code of Virginia, maintained by the Virginia General Assembly Legislative Information System in Richmond.

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.

Compulsory Attendance Code and the Home Instruction Statute
The most significant laws related to home education in Virginia are the Compulsory Attendance Code (§22.1-254) and the Home Instruction Statute (§22.1-254.1). All homeschooling parents should familiarize themselves with these laws. §22.1-254 and §22.1-254.1 define the legal options for homeschooling in Virginia, including home instruction, the approved tutor option, and the religious exemption, and discuss the annual reporting and testing/evaluation options for home instruction filers. These laws also regulate the ages and conditions for compulsory attendance in Virginia, discuss probationary periods and grievance hearings, and address PSAT/AP testing for homeschooled students.

To read the complete text of the law: §22.1-254 Compulsory attendance required; excuses and waivers; alternative education program attendance; exemptions from article

To read the complete text of the law: §22.1-254.1 Declaration of policy; requirements for home instruction of children.

Note: The home instruction statute was significantly amended in 2006 and 2008, with the latest new version going into effect on July 1, 2008. You can see how the law was amended at 2006 Home Instruction Statute Changes and 2008 Home Instruction Statute Changes. For a discussion of how the new law may affect your family, see FAQs about 2006 Changes to the Home Instruction Statute and FAQs about 2008 Changes to the Home Instruction Statute.

Part-time Enrollment
In Virginia, local school districts decide whether to offer part-time enrollment to homeschooled students. The law allows public schools to count part-time students in the ADM (Average Daily Membership) for funding purposes.

To read the complete text of the law: §22.1-253.13:2. Standard 2. Instructional, administrative, and support personnel (scroll to subsection N)

To find out whether your school district allows part-time enrollment, consult the policy manual for your local school district. To find out more about part-time enrollment and related issues, read Access to Public School Classes, Programs, and Services

Transfer Credit for Homeschooled Students Entering High School
This law requires local school boards to make provision for transfer credit for homeschooled students entering public school for high school. Local policy varies significantly across the state. For more information, read Returning to School after Homeschooling

To read the complete text of the law: §22.1-253.13:4. Standard 4. Diplomas and certificates; class rankings. (Scroll to subsection A)

Driver Education
Teens who wish to obtain a driver's license in Virginia must complete a classroom course and a "behind the wheel" course in driver education. Parents of homeschooled teens may teach either or both courses. These laws address driver education and licensing procedures for homeschooled students. For more information on driver education and homeschooled students, see Driver Education.

To read the complete text of the law: §22.1-205. Driver education programs.

To read the complete text of the law: §46.2-334. Conditions and requirements for licensure of persons under 18; requests for cancellation of minor's driver's license; temporary driver's licenses; Board of Education approved programs; home-schooled students; fee.

GED Testing
This law discusses the conditions under which homeschooled students may take the GED (General Educational Development) exam and receive a high school equivalency certificate.

To read the complete text of the law: §22.1-254.2. Testing for general educational development; eligibility; guidelines.

Immunizations and Vaccinations
These laws address immunization requirements for school-age children.

§32.1-46 discusses which immunizations are required under Virginia law, and §22.1-271.4 requires homeschooled children to comply with the immunization requirements of §32.1-46.

To read the complete text of the law: §22.1-271.4. Health requirements for home-instructed, exempted, and excused children.

To read the complete text of the law: §32.1-46. Immunization of patients against certain diseases; records.

For more information on on vaccinations and homeschooling, see Vaccinations

Daytime Curfews
Virginia law allows local jurisdictions to establish curfews for minors between the hours of 10:00 p.m. and 6:00 a.m. Local jurisdictions do not have the authority to establish daytime curfews.

To read the complete text of the law: §15.2-926. Prohibiting loitering; frequenting amusements and curfew for minors; penalty.

Stanford 9 Testing
This law says that school districts are no longer required to administer the Stanford 9 Achievement Test, but may opt to provide it to home instructed students for testing/evaluation purposes. Many Virginia school districts are no longer administering the Stanford Achievement Test to homeschooled students.

To read the complete text of the law: §22.1-253.13:3. Standard 3. Accreditation, other standards and evaluation. (Scroll down to subsection F)

Penalties for Violating Compulsory Attendance Code
This law discusses penalties for violating § 22.1-254 (Compulsory Attendance Code).

To read the complete text of the law: §22.1-263. Violation constitutes misdemeanor.