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
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.
22.1-271.4. 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...
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...
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.
Notice of Intent to Provide Home Instruction
This is a slighty modified version of the standard form suggested by the Virginia Department of Education, which may used when providing notice of intent to homeschool with your local superintendent in accordance with the Home Instruction Statute [§22.1-254.1]. While using a form is not mandatory, it may expedite administration in some local school divisions.
Johnson vs. Prince William County School Board
This court decision involved a dispute between Prince William County School Board and a family who homeschooled via the Religious Exemption.
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.
Government Affairs Team
The Organization of Virginia Homeschoolers (VaHomeschoolers) has lobbied on behalf of Virginia’s diverse homeschooling community for over a decade.
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.
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.
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...
Should You Homeschool Another Person's Child?
Imagine this situation: You are happily homeschooling your children. Your sister-in-law has said many times that she would love to be able to homeschool her children too, if only she and her husband didn’t have to work full-time. She wonders if perhaps you wouldn’t mind including her children in your family’s homeschooling. She would file the Notice of Intent with the local superintendent, but you would do the actual instruction in your home. You tell her you’d be happy to—the more the merrier! ...
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.
Handling It Ourselves
With a little support and encouragement from each other, homeschoolers can effectively respond to superintendents’ offices that overstep their bounds.
Looking for Another State?
Featured Resources
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In Their Own Way: Discovering and Encouraging Your Child's Multiple Intelligences
Children learn in differing ways. Thomas Armstrong specializes in helping parents identify the unique areas in each of our children that enhance their special way of learning and expressing creativity. This work on multiple intelligences talks about ...
Create! Press
Create! Press carries creative approaches to teaching creative writing and composition. Their products include the Create-A-Story game, Writing Adventures, Stepping Stones, and more.
America's National Parks for Dummies, Second Edition
What makes a trip to a national park so wonderful? For starters, America's national park system is more diverse than any park system in the world. You can stroll the seashore at Olympic National Park in Washington or Cape Cod National Seashore in Mas...
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...
Real-Life Homeschooling: The Stories of 21 Families Who Teach Their Children at Home
The book that shows homeschooling in action! What does it really mean when parents say they homeschool their child or children? For Rhonda Barfield -- a homeschooler for the past 10 years -- the definition is as diverse as the 21 families she studi...