VIRGINIA HOME EDUCATION AND THE LAW

butterfly

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


Instructions for Home Educating in Virginia Subsection C

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:





Subsection C. details the requirement for evidence of academic achievement.

  • Following each year of home education, the parent is required to submit evidence of academic achievement.
  • You do not have to submit anything if your child was not 6 years old by September 30th of the school year.

Under the 1984 home instruction law, students home educating from age 6 (after September 30th of the school year) or is below 18 educating must provide evidence of academic achievement for the superintendent by August 1 following the school year they were provided home instruction. (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.)

Following are the methods you may use to provide proof of educational progress:

  • If you are using the approved correspondence course option, a copy of your final report card should be sufficient.
  • Most people using other options choose to give their child(ren) a nationally normed achievement test and submit those test scores. You can find more information on this option in our section titled Standardized Testing.
  • Another option would be to submit an evaluation of your child, from a certified teacher from any state or a person with a master’s or higher degree who has knowledge of your child’s progress.

Your test or evaluator does not need to be approved by your school system.

We recommend that if your child does not have problems testing, that you use the achievement test, because it leaves no room for the superintendent to question your child’s progress. Standardized test scores show legal evidence of instruction when the composite score is at or above the 4th stanine (which translates to a minimum score of the 23rd percentile). Testing early (in April or May) is highly recommended in order to get your test scores in on time and to allow time for retesting if necessary. A Basic Composite Score for math and language arts is all that has been required since the 1984 law was originally written.

Follow the same procedure as used when you sent in your Notice of Intent form.

  • Keep the original test results in your file and send a copy.
  • Always send the copy of your test results by certified mail with return receipt.
  • When you receive the mail receipt back, staple it to your original test scores and keep in your files.


Under any evaluation option, if your child’s adequate progress is not shown, the superintendent may place your homeschool on probation for one year. You must then file evidence of your ability to provide an adequate education for your child and your plan for addressing any educational deficiency. You may not be allowed to continue home education if you do not submit a remediation plan or if your child does not show adequate progress by August 1 of the school year in which you have a remediation plan.