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
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...
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.
22.1-255. 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.
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.
Option 1 Notice of Intent (NOI) - Sample from Prince William County School District
Sample of an option (i) NOI that has been accepted by Prince William County Schools.
Sample Notice of Intent to Provide Home Instruction
Generic NOI you can customize for submission.
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.
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.
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.
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 ...
Option 1 Notice of Intent (NOI) - Sample from Albemarle County School District
Sample of an option (i) NOI that has been accepted by Albemarle County Public Schools.
Answering the CPS (Child Protective Services) Questions
Transcript of a talk given by Edwin Schuster of the Virginia Child Protective Services about the relationship between homeschoolers and CPS. The text is presented in question and answer format. Includes the rights that families have when contacted by CPS.
Government Affairs Team
The Organization of Virginia Homeschoolers (VaHomeschoolers) has lobbied on behalf of Virginia’s diverse homeschooling community for over a decade.
Virginia Department of Education
This is the official website for the Virginia Department of Education.
Looking for Another State?
Featured Resources
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A Different Kind of Teacher: Solving the Crisis of American Schooling
In 1991, shortly after receiving both the New York State and New York City Teacher of the Year Awards, John Gatto resigned to begin a new career as an education reform advocate. In this collection of 16 essays, Gatto analyzes the problems of American...
Learning Adventures
Each book in the Learning Adventures series covers skills and concepts for grades 4-8, with a history-based approach. Each contains a year's worth of lesson plans in a daily format. All subjects except math are covered.
The Case for Classical Christian Education
Douglas Wilson looks at the state of America's school system and offers a remedy for those who are committed to their children's best interests in education. Wilson details the history of the classical education movement and discusses what is needed ...
Not So Fast: Parenting Your Teen Through the Dangers of Driving
Most driving literature for parents focuses on how to teach a teen to drive, without explaining why teen driving is so dangerous in the first place or giving parents a plan to preempt the hazards teens face. By contrast, Not So Fast empowers and guid...
The Homeschooling Revolution
A readable, scholarly overview of the modern day homeschooling movement. Includes vignettes from homeschooling families, war stories, research information, media reaction, footnotes, and statistics.