Legal/Homeschool Laws
Laws that regulate home education vary from state to state. It is important to understand the legal requirements in your state and to be aware of legislative and other legal issues that affect homeschoolers in your community. We've compiled resources that will help you become informed. Although homeschooling is legal in all 50 states, and the vast majority of homeschoolers face no problems, you may find that you need legal assistance at some point in your homeschooling career. We've compiled a list of resources to help you find the support you need. And if you'd like to become more involved in working towards homeschooling freedoms, we discuss some of the issues facing homeschoolers that we hope you find compelling.
State Laws
Read the laws regulating home education in Virginia and browse through the case law and legal opinions relating to those laws, along with government publications relating to homeschooling and summaries of the laws.
Forms
Which forms do you need to fill out? Where can you get them? Here is a list of useful forms for homeschooling in Virginia.
Legal Support
If you need legal information or have run into a legal situation regarding your decision to homeschool, these resources will be helpful.
Lobbying Groups
A listing of local and national lobbying groups and information on how you can become involved in the political process to ensure the freedom to homeschool is protected.
Attorneys
When searching for an attorney, it is helpful to know whether he or she has experience working with homeschoolers and is interested in protecting the right to homeschool.
Legal Issues
Is homeschooling legal? Which laws pertain to homeschoolers and which don't? How do homeschoolers protect their rights to freely educate their children and to preserve their privacy?
Government Resources
A listing of local and state government resources, including your state's Department of Education, school districts, and Senate and House of Representative information.
What's Popular
Homeschooling and Child Abuse: No Connection
Recent news stories have highlighted several isolated cases of child abuse and presented them as indicative of problems in the homeschooling community, because they happened within families who claimed to be educating their children at home. Some of these reports have suggested that federal or state regulations requiring background checks and monitoring of homeschooling families would minimize such cases of child abuse. However, there is no need for intrusive regulation of the homeschooling comm...
Sample Notice of Intent to Provide Home Instruction
Generic NOI you can customize for submission.
When the School Division Asks Too Much
Explains how some homeschoolers have empowered themselves and effectively handled requests for tables of contents of books or other items that are beyond the legal requirement in Virginia.
Option 1 Notice of Intent (NOI) - Sample from Arlington County School District
Sample of an option (i) NOI that has been accepted by Prince Arlington County Public Schools.
32.1-46. Immunization of children against certain diseases; authority to share immunization records.
Text of the code relating to immunization of children and exemptions from these requirements.
Attorney General Baliles Nov 1984 Opinion
Families who homeschool based on the Religious Exemption may be interested to read a few Attorney General opinions that a school board has the right to review a family’s claim for Religious Exemption every few years or even annually. Religious beliefs, however sincere at a point in time, may change. Thus the school board’s recognition of an exemption could theoretically change as well. If so asked, the family could simply write to the school board, informing them that their status was unchange...
22.1-254. Compulsory attendance required.
A. Except as otherwise provided in this article, every parent, guardian, or other person in the Commonwealth having control or charge 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 shall, during the period of each year the public schools are in session and for the same number of days and hours per day as the public schools, send such child to a public school or to a private, denominational or paroc...
Virginia Department of Education Public School Divisions
List of state school districts, including Superintent's name, address, phone number, and more.
Home Educators Association of Virginia
Home Educators Association of Virginia is a member-supported, statewide, nonprofit homeschool association that operates from a biblical worldview. HEAV serves all homeschoolers and since 1983 has worked tirelessly to promote and protect homeschool interests in Virginia through information, legislation, and resources.
22.1-263. Violation constitutes misdemeanor.
Any person violating the provisions of either § 22.1-254, except for clause (ii) of subsection A, §§ 22.1-255, 22.1-258, 22.1-267, or the parental responsibility provisions relating to compulsory school attendance included in § 22.1-279.3, shall be guilty of a Class 3 misdemeanor. Upon a finding that a person knowingly and willfully violated any provision of § 22.1-254, except for clause (ii) of subsection A, or any provision of §§ 22.1-255, 22.1-258, or § 22.1-267 and that such person has been ...
Handling It Ourselves
With a little support and encouragement from each other, homeschoolers can effectively respond to superintendents’ offices that overstep their bounds.
VaHomeschoolers
VaHomeschoolers is the Old Dominion's only fully inclusive, member directed, and volunteer driven state association. VaHomeschoolers is neutral in matters of religion and partisan politics.
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 baccalaureate degree in any subject from an accredited ins...
22.1-255. Nonresident children.
Any person who has residing with him for a period of sixty days or more any child within the ages prescribed in § 22.1-254 whose parents or guardians reside in another state or the District of Columbia shall be subject to the provisions of § 22.1-254 and shall pay or cause to be paid any tuition charges for such child that may be required pursuant to § 22.1-5 or shall return such child to the home of his parents or legal guardians.
Virginia Home School Laws from HSLDA
The Home School Legal Defense Association provides a brief summary of the homeschooling laws in Virginia. Includes a link to a legal analysis of laws relating to homeschooling in Virginia.
Featured Resources

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Real-Life Homeschooling: The Stories of 21 Families Who Teach Their Children at Home
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