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
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.
22.1-254.1. 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...
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.
Government Affairs Team
The Organization of Virginia Homeschoolers (VaHomeschoolers) has lobbied on behalf of Virginia’s diverse homeschooling community for over a decade.
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.
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.
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...
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 Fairfax County School District
Sample of an option (i) NOI that has been accepted by Fairfax County Public Schools.
Virginia Department of Education Public School Divisions
List of state school districts, including Superintent's name, address, phone number, and more.
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.
Handling It Ourselves
With a little support and encouragement from each other, homeschoolers can effectively respond to superintendents’ offices that overstep their bounds.
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 Albemarle County School District
Sample of an option (i) NOI that has been accepted by Albemarle County Public Schools.
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...
Featured Resources

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Recovering the Lost Tools of Learning: An Approach to Distinctively Christian Education
Author Douglas Wilson makes the argument that education must have a foundation of religion, which informs worldview. Education is the asking and answering of questions, and learning to read and write is simply the process of acquiring the tools neede...
LeapPad Game - Mind Wars Interactive Game
Bring a friend and try this brand new way to play with your LeapPad! Travel around the board in this fast-paced, head-to-head game as you hit your buzzer before your friend can steal your question! Be the first to close all five windows and you will ...
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 ...
Montessori Play And Learn : A Parent's Guide to Purposeful Play from Two to Six
We all want the best possible starts in life for our children, and one of the best possible starts in life, educationally, is the "method" pioneered by Maria Montessori and taught successfully today throughout the world.Now, Lesley Britton, the leadi...
A Reason For® Reading
A Reason For® Reading offers a series of over 100 Leveled Readers that provide small increases in difficulty from level to level. These colorful books feature Scripture stories and Christian value themes. Story Guides include high-frequency words, te...