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VIRGINIA
HOME EDUCATION AND THE LAW
There are several ways under the Virginia law which
enable parents to home educate their children. These
provide the means for all parents to educate their
children at home. GRHE does not endorse any of these
as the “preferred status” of home educators. This
information is provided for your information only.
GRHE does not attempt to give legal advice. We
recommend that you join Home School Legal Defense
Association (HSLDA) and obtain legal counsel from
them.
You can obtain
a quick overview of the Law, in graphical form, at the following page from Home School
Legal Defense Association:
Summary of VA Homeschool Law
A more in depth discussion of various aspects of the
law follows:
Please note: THE FOLLOWING INFORMATION DOES NOT CONSTITUTE THE GIVING OF
LEGAL ADVICE.
CONTACT HSLDA FOR LEGAL ADVICE.
In Virginia you have three basic options for the home
education of your children. Each of these options is discussed in detail
following the copy of the section of the law that
pertains to them:
1. 1984 Home Instruction
Statute
2. Religious Exemption
Statute
3. Certified Tutor Statute
In addition, the following items will be discussed:
4. Kindergarten Options
5. Health Requirements for
Home Instructed Children
6. Home Schooled Students Taking the
G.E.D.
7. High School Dual
Enrollment at a Community College
I. 1984 HOME INSTRUCTION STATUTE, including all
amendments to date
This statute is found in Section 22.1-254 of the Virginia Code and reads
as follows:
§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 (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 or 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. 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 hear has begun shall notify
the division superintendent of hit 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.
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 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 requirement 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.
EXPLANATION AND INSTRUCTIONS for
operating under the Home School Statute:
As stated earlier, this section of
the Virginia Code was passed in 1984. It has recently
been amended to allow a a parent to provide home
instruction with a minimum of high school diploma.
Subsection A. allows all parents to home educate by
qualifying under any one of the categories listed below:
1. If
you hold a high school diploma or higher degree
2. If you hold a valid Virginia teaching certificate
3. If you enroll your child in a correspondence
course approved by the Virginia Board of Education (A
list of approved
courses can
be obtained from the Home
Educators of VA web site.)
4. If you submit either evidence that a parent can
teach or submit a curriculum that includes state
objectives for language
arts and math
To comply with the home school
law, you need to complete a Notice of Intent Form. You
should obtain your form from GRHE,
HEAV, or
HSLDA, and not from
the school system. This will prevent you from giving out
more information than is required by the law. The Notice
of Intent form is due by August 15 prior to the
school year. Be sure to make a copy of the Notice of
Intent and enclosures for your own file. Then mail the
originals to the address given for your school district
in the section below titled Local School Districts.
Please note that this should be sent by certified
mail with a signed receipt, so that you have a record
that they have your information. When your signed
receipt arrives, staple it to your Notice of Intent in
your file.
On the form, you will select one of
the four options listed above. Then you must provide
proof that you have met the conditions for the option
you have chosen. For Option (1), attach a copy of a high
school diploma or transcript, or a copy of a higher
degree. The diploma or degree may belong to either the
mother or the father. Option (2) can be satisfied by
attaching a certificate or letter of eligibility
indicating teacher certification. Under option (3) you
must include evidence of enrollment in an approved
correspondence course such as a receipt of payment,
letter of acceptance, or enrollment contract. For these
3 options, you must also attach a description of the
curriculum you plan to use. HSLDA says to only include
information on Language Arts and Math. You only need to
list the subject and the title of the book(s) or
materials you will be using to teach that subject. The
superintendent does not have the power to approve your
curriculum. You are free to use whatever you feel is
right for you and your child.
Option (4) is for anyone who does
not qualify under the first three options. It requires
approval of the division superintendent. You may either
show evidence that you are able to provide an adequate
education for your child, or you may submit a
curriculum that meets the Virginia Standards of Learning
in Math and Language Arts. If you choose to show
evidence that you are able to provide an adequate
education for your child, you might do so by stating
that because you are your child’s parent, you know your
child better than anyone and are best able to determine
his/her academic needs. You might want to assure them
that you will be diligent in teaching your child, and/or
that you are using a well-planned curriculum. Although
your stated reasons cannot be judged by the
superintendent, he will determine if your statement
exhibits a mastery of language and basic grammar. In
addition to this statement, you will need to provide the
subjects you are teaching in Math and Language Arts, and
the books or materials you will be using for each
subject. Please submit only information for Math
and Language Arts.
Your alternative under Option (4)
is to present the curriculum you plan to use for Math
and Language Arts with information that will let the
superintendent know that you are meeting state standards
of learning in those areas. You need to list the subject
and the book(s) or materials you will be using to teach
that subject. In addition, you need to photocopy
the table of contents from the books you are using, or a
scope and sequence from the publisher should be adequate
to satisfy the superintendent. You do not have to supply
lesson plans, or show the superintendent your textbooks.
Submit information only for Math and Language
Arts.
For all options, if you have
religious reasons for teaching your children at home,
even if you do not consider these reasons to be a
conviction, state your religious beliefs for home
education in your initial contact with school
authorities. This will set a foundation in case you
should decide at a later date that you want to declare
religious exemption.
Please note under Subsection B.
that you may begin home schooling in the middle of the
school year, or upon moving into a school district in
the middle of the school year. That means that you have
the right to pull your child out of school at whatever
point you deem necessary. When starting mid-year, you
must notify the superintendent of your intentions as
quickly as you are able. You then have 30 days from that
notification to get your Notice of Intent with all
required information to him. If you are beginning
mid-year, please refer to our
Checklist for Pulling a Student
Out of Public School in the Middle of the Year.
Subsection C. details the
requirement for evidence of academic achievement.
Following each year of home education, the parent is
required to submit evidence of academic achievement.
You do not have to submit anything if your child was not
6 years old by September 30th of the school
year. Everyone else home educating under this law
must have their evidence of academic achievement in to
the superintendent by August 1 following the
school year. You may prove progress of educational
achievement in a number of ways. If you are using the
approved correspondence course option, a copy of your
final report card should be sufficient. Most people
using the other options choose to give their child(ren)
a nationally normed achievement test and submit the
scores for Math and Language Arts. You can find more
information on this option in our section titled
Standardized Testing. Your other option would be
some other form of evaluation. Submitting a portfolio of
samples of your child’s work that show his progress
through the year may be accepted by your superintendent.
Or if you know a Virginia certified teacher, you may ask
them to do a written evaluation of your child’s
progress. He/she would need access to the work your
child has completed for the year, and would probably
want to interview your child.
We recommend that if your child
does not have problems testing, that you use the
achievement test, because it leaves no room for the
superintendent to question your child’s progress.
Standardized test scores show legal evidence of
instruction when the composite score is at or above the
4th stanine (which translates to a minimum
score of the 23rd percentile). Testing early
(in April or May) is highly recommended in order to get
your test scores in on time and to allow time for
retesting if necessary. A Basic Composite Score for math
and language arts is all that has to be submitted. You
do not have to do the Science or Social Studies tests,
nor turn in those scores. If you choose to give those
tests, you may white out those scores before mailing the
required scores. Please refer to our section on
Standardized Testing.
Again, when sending in your test
scores, keep the original in your file and send a copy
to the superintendent’s office by certified mail with a
return receipt. When you receive the receipt, staple it
to your test scores.
2. RELIGIOUS EXEMPTION STATUTE
Section 22.1-254 (B)(1) of the Virginia Code reads,
“A school board 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. For purposes of this subdivision,
“bona fide religious training or belief” does not include essential political,
sociological or philosophical views or a merely personal moral code;”
We are fortunate in Virginia in that the compulsory attendance law, via the
religious exemption clause, recognizes the right of parents to refrain from
sending their children to school, without registration and control of the
state. The religious exemption clause allows those who have a bona
fide religious conviction to teach their children at home. GRHE strongly
advises that any family taking religious exemption join HSLDA for your legal
protection. Please note that there is no procedure in the law for declaring
religious exemption. Therefore, you may choose either to notify authorities
or not to do so. If you are pulling your children out of public school,
you will need to write a letter stating your religious convictions to the
school board in your district. You may do that by sending it “in care
of” the home school official listed within this web site. HSLDA provides
members with a packet of instructions for writing this letter. We advise
you to join HSLDA and follow their instructions very carefully if you decide
to notify authorities. Some districts are now asking families declaring
religious exemption to fill out a form. It is very important that you
have HSLDA review this form to be sure you are not being asked for information
not required by law. Each school district deals with religious exemption
families in their own way, and HSLDA will be able to help you know what to
expect and how to deal with officials. You only declare religious exemption
one time. You do not have to make a yearly declaration. The state
takes its hands off you and you, alone before God, are responsible for your
child. You do not turn in test scores to the school district, or seek
the counsel of the public school system after that. By its very nature,
a religious exemption means that you will not be putting your children in
a public school in the future. You are, in effect, making a complete
break from the public school system.
Notice that, according to the law, you must have a bona fide religious belief
and be conscientiously opposed to attendance at public school. The
Virginia Supreme Court ruled in 1991 that a family only has to demonstrate
religious opposition to the public school, not to the school attendance law
or the private school option. This must be a conviction, not merely
a preference. According to David Gibbs of the American Law Association,
the legal difference between a conviction and a preference (what will hold
up in court) is that a conviction does not change, no matter what the change
in circumstances. If there is any circumstance you can imagine that
would cause you to put your children in a public school (death of husband,
loss of income, threat of jail, etc.), you hold a preference, not a conviction.
Home Educators Association of Virginia (HEAV) says, “A religious belief must
be one held in relation to a Supreme Being. Your entire belief system
must be dependent on a supernatural God and His revelation … You must have
a conviction that it would be a sin to send your child to a public school;
that it would never by an option to do so … You do not qualify for religious
exemption because you disagree with the curricula or the methods of teaching
in a public school, you are concerned about safety issues, you do not like
Family Life Education, there is a lack of character instruction in the public
schools, you do not want to test or evaluate your child annually, or you
just want to avoid government entanglement.” If these are your reasons
for home educating, you need to proceed under the Home Instruction Law.
Please also note that the law states, “…any pupil who together with his parents
… religious training or belief …” After talking with HSLDA, we believe
that a child under the age of fourteen (14) does not have to share your religious
conviction, but is covered under religious training. However, if your
child is fourteen (14) or older, he falls under the “together with his parents
and a belief” rather than training. Therefore, at this age, he must
share your bona fide religious conviction in order for you to legally claim
the religious exemption. If your child does not have this conviction
at age fourteen (14) and beyond, you need to home school under another option.
HSLDA says that parents choosing this option need to prove (I) they have
sincere, not fraudulent, beliefs that are (ii) religious, not merely philosophical,
which (iii) demonstrate their objection to the public schools. Claiming
religious exemption is a serious matter, not to be undertaken lightly, and
we recommend that if you and your spouse are not absolutely sure where you
stand on this issue that you pursue one of the other routes available to
home educators.
Again, we strongly recommend that any family choosing to home educate under
the religious exemption clause seek the advise of HSLDA. They have
the experience and knowledge to direct your actions properly and with the
least conflict.
3. CERTIFIED TUTOR STATUTE
This is found in the compulsory attendance law Section 22.1-254(A) of the
Virginia Code and gives the option of having “… such child taught by a tutor
or teacher of qualifications prescribed by the Board of Education and approved
by the division superintendent…”
Under this section, if a parent is certified in Virginia, he need only notify
the local superintendent that they are tutoring their child and send with
the letter a copy of teacher certification. There are no further requirements
to meet. You do not have to turn in test scores or send in yearly notification.
Members of HSLDA can obtain, through them, a sample letter. We recommend
you join HSLDA to use this option as school systems may fight your right
to do so, or attempt to impose further requirements.
4. KINDERGARTEN OPTIONS
Section 22.1-256(4) of the Virginia Code states, “…any child who will not
have reached his sixth (6th) birthday on or before September 30th 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.” And as above in 22.1-254-1(C), “…The requirements
of subsection C (testing and evaluation) shall not apply to children who
are under the age of six (6) as of September 30 of the school year.
This statute allows you to opt out your five (5) year old, if you wish, to
give your child more time to mature. In the past, parents chose this
option so that they would not have to test their child for another year.
However, the law no longer requires you to turn in test scores or an evaluation
for the child who began the year as a five (5) year old. The procedure
for delaying kindergarten is to go to the school where your child would attend
if he were going, and fill out a form. If you choose this option, you
may list him as either a kindergartner or first grader the following year.
This gives you opportunity to see how well your child is picking up academics
before having to test. If your child is struggling, you can register
him as a kindergartner the next year, and then give him the easier test.
This does not mean that he will have to graduate a year later than normal.
You are free to graduate your child whenever he is ready. He can take
his GED as early as age sixteen (16).
5. HEALTH REQUIREMENTS FOR HOME INSTRUCTED CHILDREN
Section 22.1-271.4 of Virginia law states, “…any parent, guardian … having
control or charge of a child being home instructed … shall comply with the
immunization requirements provided in Section 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
Sec. 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
circumstances that contraindicates immunization.”
6. HOME SCHOOLED STUDENTS TAKING THE G.E.D.
§ 22.1-254.2 of the Virginia Code allows home
educated students to take the G.E.D. at age 16. This
used to be a requirement for home schooling students if
they wanted to take courses at the community college for
credit. However, that is no longer necessary. If you are
interested in having your student take the G.E.D.,
contact the G.E.D. office in the blue pages of your
phone book. You might also want to consult the HEAV
website (HEAV's
GED page)
for detailed information.
7. HIGH SCHOOL DUAL
ENROLLMENT AT A COMMUNITY COLLEGE
High School students who
would like to take college courses for credit no longer
need to have a G.E.D. certificate to do so. They may
attend and receive credit as a dual enrolled high school
student. Many of our area home educated students
accumulate a large number of college credits before they
graduate from their home school. If you want your child
to take courses for college credit from Virginia Western
Community College or another community college, you must
provide them with evidence that you are a home educator
in good standing. That means that they want a copy of
your letter from the school system acknowledging that
you are currently home educating according to the law.
If you are educating under the religious exemption
statute, you will have to give them a copy of the school
board’s response to your declaration. If you have
trouble documenting this and you are a member of HSLDA,
they will assist you in getting this accomplished.
Beyond that, you just apply, register and pay for your
classes like a regular college student.
In summary, home educators in our area are using all four of the teaching
options outlined in the Home Instruction Law as well as the religious exemption
and tutor options. The use of standardized tests is the most common
means of evaluation. We have several certified teachers in our group
who are willing to administer tests for others. They plan group testing
in the spring of the year. Registration for this testing is usually
in the January newsletter.
One of the criticisms of the 1984 law is that its effect is to transform
a parental right into a parental privilege. As a privilege, home instruction
is subject to evaluation and approval of the state. Although public
school authorities have been fairly reasonable in the execution of the 1984
law in our area, we hasten to point out that administrations change and attitudes
toward home education with them. With this, and the wide latitude of
authoritative judgment given to public school superintendents by the law,
we recommend that every home educating family apply for membership in the
Home School Legal Defense Association (HSLDA). Your most responsible
personal defense is to know and understand the law yourself in detail.
info@grhe.org
This page last modified on
September 02, 2006
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