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.
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Virginia Department of Education Public School Divisions
List of state school districts, including Superintent's name, address, phone number, and more.
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.
Option 1 Notice of Intent (NOI) - Sample from Fairfax County School District
Sample of an option (i) NOI that has been accepted by Fairfax County Public Schools.
VHEA-announce
List intended to distribute the Virginia Home Education Association's free biweekly updates, in order to disseminate legislative and other time sensitive information. This list is announcement only. VHEA's Legislative Reports report on legislative matters that could affect homeschooling, offering information on pending legislation.
The Religious Exemption: Past, Present, and Future
Virginia offers a unique option to families who have religious objections to complying with the compulsory attendance statutes: the religious exemption. Explore the history of this exemption and consider the possibility of it being under threat today.
Attorney General Terry Nov 1988 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...
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.
22.1-271.4. Health requirements for home-instructed, exempted, and excused children.
In addition to compliance with the requirements of subsection B, C, or H of § 22.1-254 or § 22.1-254.1, any parent, guardian or other person having control or charge of a child being home instructed, exempted or excused from school attendance shall comply with the immunization requirements provided in § 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 di...
Attorney General Balilies May 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...
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.
Home Education Tax Credit? No, Thanks!
Before supporting a home education tax credit, we homeschoolers need to fully understand the legislation and its potential to benefit or harm us.
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.
Virginia Department of Education
This is the official website for the Virginia Department of Education.
Handling It Ourselves
With a little support and encouragement from each other, homeschoolers can effectively respond to superintendents’ offices that overstep their bounds.
Sample Notice of Intent to Provide Home Instruction
Generic NOI you can customize for submission.
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Featured Resources
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Don't Waste Your Time Homeschooling: 72 Things I Wish I'd Known
Traci Matt, a veteran homeschool mom helps you make the most of your homeschooling efforts. She takes a look back at 20 years of successes and challenges, offering tested strategies to assist you on your home education journey. This book will help yo...
Pecci Reading Method: At Last! A Reading Method for Every Child
At Last! A Reading Method for Every Child offers a balanced approach with intensive phonics and literature-based reading instruction. This is a simple method of teaching reading, with lots of supplemental materials. Get product information here.
Minds More Awake: The Vison of Charlotte Mason
Anne E. White explores what is known as the Charlotte Mason, based on the educational philosophy of the 19th century British educator. The goal is to set a child on the path to an intentional, purposeful life. White explores both the practical and ph...
They're Your Kids: An Inspirational Journey from Self-Doubter to Home School Advocate
For many people, their schooling was uncomfortable, tedious, and sometimes a waste of time and energy. This book offers the idea that the public school system is tragically flawed and that we are able to do better for our own children. Sam Sorbo, mom...
Teach Me to Do It Myself: Montessori Activities for You and Your Child
Based on the key Montessori principle that children learn best through active experience, Teach Me to Do It Myself presents simple activities through which children explore and develop their skills. These skill areas include sensory perceptions, body...