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
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.
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.
Option 1 Notice of Intent (NOI) - Eclectic Curriculum
Sample of an option (i) NOI that has been accepted by Prince William County Public Schools.
22.1-254. Compulsory attendance required.
A. Except as otherwise provided in this article, every parent, guardian, or other person in the Commonwealth having control or charge 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 shall, during the period of each year the public schools are in session and for the same number of days and hours per day as the public schools, send such child to a public school or to a private, denominational or paroc...
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.
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...
Option 1 Notice of Intent (NOI) - Sample from Arlington County School District
Sample of an option (i) NOI that has been accepted by Prince Arlington County Public Schools.
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.
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...
Attorney General Terry Nov 1988 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.
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.
Government Affairs Team
The Organization of Virginia Homeschoolers (VaHomeschoolers) has lobbied on behalf of Virginia’s diverse homeschooling community for over a decade.
Answering the CPS (Child Protective Services) Questions
Transcript of a talk given by Edwin Schuster of the Virginia Child Protective Services about the relationship between homeschoolers and CPS. The text is presented in question and answer format. Includes the rights that families have when contacted by CPS.
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.
Looking for Another State?
Featured Resources
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Conquering Chronic Disorganization
The real-life stories of chronically disorganized people and the ground breaking, easy-to-learn organizing methods used to end their chronic disorganization in the area of residential clutter, office organizing, paper management, storage, and time ma...
Flip Over Math Manipulatives
Grades 1-5. Tub of over 500 manipulatives includes Pattern Blocks, Connecting People, Cuisenaire Rods, Coins, and Bean Counters and can be used with the Flip Over Math Books. This 49 page book (others sold separately) is written to NCTM Standards and...
A Catholic Homeschool Treasury: Nurturing Children's Love for Learning
This book reviews different approaches to learning and different homeschooling methods. Read parents' perspectives and learn more about homeschooling issues.
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...
Pocketful of Pinecones: Nature Study With the Gentle Art of Learning : A Story for Mother Culture
Karen Andreola, renowned interpreter of the Charlotte Mason method of education, has written a unique sort of book in the homeschool world. Pocketful of Pinecones is a teacher s guide the nature study cleverly disguised as a heartwarming story writte...