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.
22.1-271.4. 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...
22.1-254.1. 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 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.
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.
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...
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.
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.
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.
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.
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...
Handling It Ourselves
With a little support and encouragement from each other, homeschoolers can effectively respond to superintendents’ offices that overstep their bounds.
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! ...
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.
Evidence of Progress
Will Shaw answers the question, "What happens if the local school division rejects the test, results of the test, or the portfolio?"
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