VIRGINIA HOME EDUCATION AND THE LAW

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There are several provisions under the Virginia law which enable parents to home educate their children. These provide the means for all parents to educate their children at home. GRHE has compiled this information to assist parents in understanding how they may home educate in Virginia. We are not lawyers and this information does not constitute legal advice. We recommend that families join Home School Legal Defense Association (HSLDA) to obtain legal counsel. GRHE doesn’t endorse any specific avenue to home educate your child.


It is important that parents read and understand the law completely and choose the best option for your family.


You can obtain a quick overview of the Law, in graphical form, at the following page from Home School Legal Defense Association: Summary of VA Homeschool Law


Explanation and Instructions for Kindergarten Option

Please note: THE FOLLOWING INFORMATION DOES NOT CONSTITUTE THE GIVING OF LEGAL ADVICE. CONTACT HSLDA FOR LEGAL ADVICE.


In Virginia you have three basic options for the home education of your children. Each of these options is discussed in detail following the copy of the section of the law that pertains to them:





  1. KINDERGARTEN OPTIONS.


Section 22.1-256(4) of the Virginia Code states,“…any child who will not have reached his sixth (6th) birthday on or before September 30th of each school year whose parent or guardian notifies the appropriate school board that he does not wish the child to attend school until the following year because the child, in the opinion of the parent or guardian, is not mentally, physically or emotionally prepared to attend school, may delay the child’s attendance for one year.”

And as above in 22.1-254-1(C), “…The requirements of subsection C (testing and evaluation) shall not apply to children who are under the age of six (6) as of September 30 of the school year.

This statute allows you to opt out your five (5) year old, if you wish, to give your child more time to mature. In the past, parents chose this option so that they would not have to test their child for another year. However, the law no longer requires you to turn in test scores or an evaluation for the child who began the year as a five (5) year old. The procedure for delaying kindergarten is to go to the school where your child would attend if he were going, and fill out a form. If you choose this option, you may list him as either a kindergartner or first grader the following year. This gives you opportunity to see how well your child is picking up academics before having to test. If your child is struggling, you can register him as a kindergartner the next year, and then give him the easier test. This does not mean that he will have to graduate a year later than normal. You are free to graduate your child whenever he is ready. He can take his GED as early as age sixteen (16)