Home Schooling in Virginia: The Legal Framework
Most of the legal issues concerning home instruction of children are controlled by § 22.1-254.1 of the Code of Virginia. These legal issues--if not the instruction itself--are fairly simple. The fundamentals are addressed below, but if you would like to discuss an issue not covered here, email me.
What children are eligible to be home schooled?
All children between the ages of five and 18 are eligible. (Four year olds are also eligible, if they turn five by September 30 of the current school year.)
Must a parent to be a licensed teacher to provide home instruction?
No. Any parent or guardian may provide home instruction.
Must the curriculum be approved?
Sometimes. If the parent providing the instruction
(i) has a baccalaureate degree from an accredited institution or
(ii) meets the qualifications for a teaching certificate,
then the curriculum does not need to be approved.
If the parent does not meet either of these criteria, then there are two options: The parent can either use a correspondence curriculum pre-approved by the Department of Education, or he can apply to have his curriculum approved by the Superintendent of Schools.
Note: The statute requires that all parents provide a description of the curriculum to be used for home instruction. Except as indicated above, however, the superintendent would have no right to reject the curriculum.
What notice must be given to the school board?
Section 22.1-254.1 of the Code provides that notice must be given by August 15 for the upcoming school year. However, a parent can decide to begin home schooling in mid-year. If they do so, the statute simply requires that notice be given to the school board “as soon as practicable.”
Must the parent provide evidence of achievement?
Yes, except for five-year olds. For older children, reports must be filed after every school year (and no later than August 1). The parents have two choices:
(1) They can submit evidence that the student achieved a composite score at or above the fourth stanine on achievement tests approved by the Board of Education. The “fourth stanine” is the low-average range of a standard distribution, and the only approved test is the Stanford 9.
(2) Parents can also submit an assessment or evaluation which demonstrates that the child is achieving adequate educational progress. Whether the assessment is adequate is left to the judgment of the superintendent.
If the parent fails to submit this evidence—or if it is rejected—the superintendent may place the child’s program on probation for one year. The superintendent is not required to place the program on probation, however, and many school systems are lax in this regard.
Can a parent appeal a decision of a local superintendent?
Yes, § 22.1-254.1 provides that a probation decision, or any other decision of a local superintendent may be appealed within 30 days. In such an appeal, the hearing officer will be selected from a list maintained by the Supreme Court.
Can a home-schooled child transfer to a public high school?
Absolutely. Va. Code § 22.1-253.13:4 requires school boards to make accept home-schooled students. When a home-schooled student transfers in, the school system must provide appropriate credit for his work at home.
Can a home-schooled child receive a high school diploma?
School boards do not award diplomas to students not enrolled in their school systems. Home-schooled students, therefore, receive diplomas only if enrolled in a correspondence program which awards them.
Is home instruction similar to religious exemptions to school attendance?
No, they are greatly different. Religious (and other) exemptions are found in Va. Code § 22.1-254. These provisions exempt certain children from the state’s educational requirements. Home instruction, on the other hand, simply provides another method of satisfying those requirements. Unlike the religious exemptions, home schooling continues the child's education.