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If you're planning to homeschool this year, now is the time to notify your division superintendent--the filing deadline is August 15. It's not too complicated if you take it one step at a time. And help is available!
It's important to understand your rights as a parent and to know the correct application of the Virginia homeschool law. Let's discuss some of the questions asked by new and veteran homeschoolers:
- What are the ages for school attendance?
- What if my child is not ready for school?
- Whom should I notify that I plan to homeschool?
- When do I notify?
- How do I comply with the new Virginia homeschool law?
- Do I wait for permission to homeschool?
- Are laws different for certified teachers?
- Am I required to have my children vaccinated?
- What about religious exemption?
- What if my superintendent asks for more information than the law requires?
- Do I have to use the form sent by my superintendent?
- What happens if something goes wrong?
All children between five and eighteen must attend school. Specifically, those who will be five years old on or before September 30, and those who have not passed their eighteenth birthday, must attend some type of school (§22.1-254 (A)).
A parent may choose one of the following:
(1) to send his child to public school;
(2) to send his child to private, denominational, or parochial school;
(3) to have his child taught by a tutor or teacher of qualifications approved by the division superintendent; or
(4) to provide for home education as described in §22.1-254.1.
A child may also be excused from compulsory education because of genuine religious training or belief (§22.1-254 (B) (1)).
Exemption: Your child may be exempted from compulsory school attendance if he is not six on or before September 30, and, in your opinion as his parent, is not mentally, physically, or emotionally ready to attend school. You may delay your child's attendance for one year (§22.1-254 (H) (5)). Simply notify the school board office by letter or phone call that you do not want your child to attend school until the following year.
If you elect to keep your five-year-old at home, you may still teach your child in a manner suitable for his age and maturity. With this exemption, it is not necessary to submit a "Notice of Intent to Homeschool" until he is six by September 30. If you plan to homeschool the following year, you may register your six-year-old child as a kindergartner or first-grader depending on his level of achievement and maturity.
If you decide to homeschool, you must notify your local division superintendent or his designee (§22.1-254.1 (B)). This can be done by a personal letter or by using the "Notice of Intent to Provide Home Instruction" form (NOI). Keep copies of all correspondence. You may want to send your "Notice of Intent" "return-receipt requested" to have proof that your notification was received. It is not necessary to deliver it in person.
The division superintendent must be notified no later than August 15 each school year. Parents who move into a school division after August 15, or who begin homeschooling after the school year has begun, should notify the superintendent of their intent to homeschool as soon as possible and comply with the statute within thirty days of notification (§22.1-254.1 (B)). Refer to "Beginning Home Education after the Deadline" to understand what you might expect in these special situations.
1) First, you must indicate on a NOI form or by letter that you have met one of four options given in §22.1-254.1 (A). The new law states that a parent may homeschool if he
(1) has a high school diploma; or
(2) is a certified teacher; or
(3) provides a program of study or curriculum which may be delivered through a correspondence course or distance learning program or in any other manner; or
(4) provides evidence that he is able to provide an adequate education for the child.
2) Then, you must provide proof that you have met one of the four options listed above by attaching the following forms of verification.
- Option (1) can be satisfied by attaching a copy of a high school diploma or higher degree from either parent;
- Option (2) can be satisfied by attaching a certificate or letter of eligibility indicating teacher certification;
- Option (3) can be satisfied by including evidence of enrollment, such as a receipt for payment, letter of acceptance, or enrollment contract; or for an individualized curriculum, a copy of the table of contents or scope and sequence;
- And option (4) can be satisfied by a well-written statement indicating why you are able to provide an adequate education for your child.
For option 4, you might briefly state that because you are the parent, you know your child best and you are able to determine his academic needs. You might also say you plan to exercise diligence in teaching your child and will be using a well-planned curriculum. Although the superintendent cannot judge your reasons, he will determine if your statement exhibits a mastery of language, basic grammar, and spelling.
3) You must also include a description of curriculum for the option you have chosen. A brief listing of the subjects to be taught and the titles of the books or methods you plan to use should be sufficient. It is not necessary to provide lesson plans or send your textbooks to the superintendent.
4) Finally, after each year of homeschooling, a parent must submit evidence of academic achievement. This evidence may be in the form of a standardized achievement test or an independent evaluation or assessment (§22.1-254.1 (C)). It must be submitted to the division superintendent by August 1 each year. However, end-of-year testing is NOT required for children who are five years old on September 30 of the school year. This applies to all five-year-olds and is age related, not grade related.
No, the law requires you to notify the division superintendent (or his designee) that you intend to teach your child at home--you are not asking for permission. Your notification can be done on a "Notice of Intent to Provide Home Instruction" form or by writing a personal letter. By checking one of the four options on the form and providing verification, you are indicating how you have complied with the law.
There are two ways Virginia certified teachers can teach their own children or other children.
1) If a Virginia certified teacher complies with option (2) of the Virginia homeschool statute as listed on the "Notice of Intent to Provide Home Instruction," a curriculum description and end-of-the-year testing is required as part of the Virginia homeschool statute (§22.1-254.1).
2) §22.1-254 (A), known as the "certified or approved tutor statute," allows a child to be taught in or out of his home by a Virginia certified teacher. None of the requirements of the Virginia homeschool statute apply (i.e., testing).
Under this option, a parent must have a current Virginia teacher's certificate or letter of eligibility. If the approved tutor is the parent, the parent should send a letter to the division superintendent with a copy of his teacher certification or letter of eligibility and indicate that he is complying with the third option of §22.1-254 (A). If the parent who is an approved tutor teaches other children, the names of these children should also be listed in the letter. An approved tutor who is not the parent should send a letter with his certification verification and a list of the children being taught.
Homeschooling parents must comply with all immunization requirements, regardless of the option chosen (§22.1-271.4). These records are to be maintained by the parents at home. Both religious and medical immunization exemptions are available. See "Explanation of Virginia's Immunization Laws." More immunization information for Virginia homeschoolers is available on our website.
Most homeschoolers who have religious beliefs are fully accommodated by the Virginia homeschool statute (§22.1-254.1). However, according to §22.1-254.1 (D), nothing in the homeschool statute shall prohibit a student and his parents from obtaining an exemption from school attendance because of bona fide religious training or belief as referenced in §22.1-254 (B) (1).
Even though parents may have philosophical, political, or sociological objections, or a personal moral code in opposition to school attendance, this cannot be the basis for a religious exemption. Parents must be conscientiously opposed to attendance at school because of sincere religious training or belief in order to homeschool under §22.1-254 (B) (1). This statute cannot be used for any other reason.
Although many families have no difficulty with the school board recognizing their religious beliefs, HEAV suggests that families who would like to homeschool under religious exemption consider becoming members of Home School Legal Defense Association before pursuing this option. For a complete explanation of religious exemption, please refer to the Religious Exemption for Virginia Homeschoolers section of our website.
If a superintendent goes beyond the requirements of the law, such as insisting on birth dates and/or social security numbers, you are not obligated to supply this information.
If you have properly filed the NOI form or have written a letter, you have notified him of your intent to homeschool and verified your compliance with the law. You are not waiting for approval or recognition. Mailing your NOI "return-receipt requested" will show proof that you have notified him as the law requires.
No, the law does not require a particular form. You may write a personal letter or use a NOI form. Some forms from superintendents request more information than is appropriate. The HEAV form only includes information specifically required by the Virginia homeschool statute.
Never ignore official correspondence or telephone calls. If for some reason the superintendent responds negatively,
- respectfully ask him to put his decision and/or requirements in writing and to mail you a copy;
- discuss the requirements of the law with experienced homeschoolers, or give our HEAV office a call (804-278-9200)--we have LOTS of experience and are here to help and answer questions;
- seek legal counsel, if necessary; and,
- if all else fails, within thirty days you may appeal his decision before an independent hearing officer. The cost of the hearing will be apportioned by the hearing officer based on his findings.
In order to help new homeschooling parents, HEAV would like to post sample letters and curriculum descriptions on our website. Sample Notice-of-Intent letters, religious exemption letters, and descriptions of curriculum would be very helpful to new homeschoolers. Of course, we will remove all identification references. Please e-mail your samples to support@heav.org or fax them to Yvonne at 804-278-9202.
I will be glad to answer your specific questions about the new homeschool law. Call me at 804-278-9200, or e-mail your questions to support@heav.org. Also look for experienced homeschoolers in your area who can offer encouragement. Local support-group leaders are a great source of information. They are familiar with the legal atmosphere in your area and can tell you what to expect.
Don't forget to order your copy of the new Virginia Homeschool Manual. It includes revised sections explaining the new homeschool laws and related testing statutes. You'll find forms and many other helpful resources--and it's on sale through the end of the week. Also, don't forget to check out our website to find the latest up-to-date information on homeschooling in Virginia!
Enjoy these final days of summer!
Blessings,
Yvonne Bunn
The purpose of this information is to clarify the statutory procedures for homeschoolers. This information should not be construed as legal advice. HEAV encourages all homeschooling parents to seek legal counsel for specific applications of the law.
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Home Educators Association of Virginia, 2248 G Dabney Road, Richmond, Virginia, 23230
PHONE 804-278-9200, FAX 804-278-9202
Committed to helping parents fulfill their God-given right and responsibility to educate their own children
This page last edited: 10 August 2008
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