Learn about homeschooling laws, requirements, and resources specific to Virginia.
Virginia offers several options for homeschooling families with relatively moderate regulations compared to other states. This guide provides a comprehensive overview of what Virginia law requires for homeschooling, including legal options, required notifications, curriculum requirements, parent qualifications, testing and assessments, recordkeeping and attendance, oversight by school districts, legal protections, common pitfalls, and support resources for families.
Virginia law recognizes several legal avenues for parents to educate their children at home in lieu of public school attendance.
Unlike some states with only one homeschooling option, Virginia provides families with different legal approaches to home education, each with its own requirements and level of oversight.
This is the standard homeschooling provision used by most families in Virginia.
When these requirements are satisfied, home instruction is treated as an "acceptable alternative form of education" under Virginia law.
Code of Virginia §22.1-254.1
This option allows a child to be taught by an individual holding a current Virginia teacher's license.
Under this option:
Code of Virginia §22.1-254(A)
Parents with bona fide religious convictions opposed to school attendance can petition for an exemption from compulsory attendance.
If the school board grants religious exemption:
Code of Virginia §22.1-254(B)(1)
Some families choose to enroll their children in a private or umbrella school that offers home-based instruction.
Virginia's compulsory attendance code allows attendance at a private or parochial school as an alternative to public school.
Code of Virginia §22.1-254
Each option offers different levels of freedom and oversight. The Home Instruction Statute is the most commonly used option with moderate requirements. The Certified Tutor option offers more freedom from oversight but requires a teaching license. The Religious Exemption provides the least oversight but requires demonstrating sincere religious convictions. The Private School option varies based on the specific school's requirements.
Not sure which legal option is right for your family? Our interactive tool can help you determine the best homeschooling pathway based on your family's unique situation, qualifications, and educational goals in Virginia.
Virginia homeschoolers must file certain notifications with their local school division (not the state) to remain in compliance.
Unlike some states where filings go to a central state agency, all Virginia homeschool paperwork is submitted to your local school division, usually the superintendent's office or a homeschool liaison.
Filing Type | Deadline | Required For |
---|---|---|
Notice of Intent (NOI) | August 15 | Home Instruction Statute option |
Mid-Year NOI | "As soon as practicable" | Families starting mid-year or moving |
Evidence of Progress | August 1 | Home Instruction Statute option |
Religious Exemption Petition | One-time filing | Religious Exemption option |
Tutor Notification | One-time filing | Certified Tutor option |
Under the home instruction statute, parents must annually notify the division superintendent of their intent to homeschool by August 15 each year.
If you begin homeschooling after the school year has started or move into a new school division mid-year, you should submit your NOI "as soon as practicable" after starting home education.
Virginia law allows families to begin homeschooling at any point during the school year. Submit the same documentation as required for the annual notice, but do so as soon as you decide to homeschool. You do not need to wait for approval from the superintendent to begin homeschooling once you've filed your notice.
Along with the NOI, parents must provide a brief description of the educational program for the year.
The law limits the required curriculum description to "a list of subjects to be studied during the coming year."
English, Algebra, Biology, World History, Art, Physical Education
The law does not give local officials authority to judge your chosen program.
By August 1 each year, parents must submit evidence that the child made adequate educational progress during the homeschool year.
This is a yearly requirement for families operating under the Home Instruction Statute. Detailed information about acceptable evidence of progress can be found in the Testing & Evaluation section.
Note: Even if you started homeschooling mid-year, you still need to submit evidence of progress by the following August 1 for any portion of the year you homeschooled, unless your child was not yet of compulsory attendance age (age 6).
Families pursuing the religious exemption route do not file an annual NOI or assessments. Instead, they petition the local school board for an exemption.
Under the tutor provision, the teacher must notify the superintendent of their intent to teach a child as a tutor.
While superintendents must report the number of homeschooled and religiously exempt students to the Virginia Department of Education each year, they cannot disclose personal information about your family without your consent. All filings are kept confidential by law.
Our digital assistant can help you prepare your Notice of Intent, track important deadlines, and generate personalized notification letters for your school division. We'll help make sure you have the right documentation in place to meet Virginia's requirements.
Virginia gives homeschoolers considerable freedom in curriculum choice. There are no specific subjects that must be taught by law beyond the parent's obligation to provide a program of study.
Unlike many states with mandated subject requirements, Virginia law respects parents' right to determine what and how their children learn. This allows for truly personalized education tailored to each child's needs, interests, and learning style.
English, Math, Science, History, Art, Physical Education, Spanish, Computer Science
You can include traditional academic subjects, electives, or non-traditional subjects.
Parents are free to use any curriculum resources that they feel will best educate their child.
Complete boxed curriculum, textbooks, workbooks
Virtual schools, educational websites, video courses
Custom curriculum created by parents
Group classes, tutoring, community resources
Many Virginia homeschoolers use a variety of resources and approaches, perhaps using a structured curriculum for math and science while taking a more relaxed, interest-led approach to history and literature. You're free to adapt your methods to suit each child and each subject.
Virginia law expressly allows parents to change their curriculum or teaching approach during the school year.
If you find a curriculum isn't working for your child, or you discover a better resource part-way through the year, you're free to make changes. You do not need to notify the school division of these adjustments, as long as you're still generally following the subject areas you listed in your notice.
While there are no state-mandated graduation requirements for homeschoolers in Virginia, parents of high school students often consider future goals when planning coursework.
Many parents choose to follow a college preparatory track that includes:
This is not required by law but may align with college admissions expectations.
Parents issue their own diploma when the student has completed their home high school program.
Not sure where to start with your homeschool curriculum? Our interactive Curriculum Selector can help you identify resources that match your educational philosophy, teaching style, and your child's learning preferences. We'll help you explore options that take full advantage of Virginia's curriculum freedom while ensuring a well-rounded education.
Under the home instruction statute, the teaching parent or guardian must meet at least one of four qualifications set by law.
You only need to satisfy one of the following criteria (whichever is easiest for you) and provide proof of it with your Notice of Intent. Most parents easily qualify under at least one of these options.
The parent holds a high school diploma or a higher credential, such as a GED, college degree, etc.
The parent is a certified teacher – meeting the qualifications prescribed by the Virginia Board of Education (generally, holding a valid teaching license).
If you have a teaching license, you might also consider using the Certified Tutor provision instead of the home instruction statute. This option has no annual testing requirement. See Legal Options section for details.
The parent provides the child with a program of study delivered through a correspondence course, distance learning program, or other approved program.
In practice, this means you have enrolled your child in a homeschool curriculum program or online school. There is no official list of "approved" programs – you choose the program and simply notify the superintendent of which one you're using.
The parent provides evidence that they are able to provide an adequate education for the child.
This is a broad option for those who don't meet the first three criteria. The law doesn't specify exactly what form the "evidence" must take; it leaves it to the parent to make a case for their educational abilities.
Parent qualification documentation only needs to be submitted with the initial NOI for each year (usually a one-time submission, unless you change the qualifying option). Once the superintendent has your proof on file, you don't need to resubmit the same diploma or license every year, though it's wise to mention in the NOI which option you are using each time.
For those using the Certified Tutor provision instead of the Home Instruction Statute, the qualification is straightforward: a current Virginia teacher's license.
If the parent-tutor's license expires or is not renewed, the family would need to switch to another homeschooling option (e.g., file under the home instruction statute via another option) unless another licensed teacher takes over.
For the Religious Exemption, there is no educational qualification required of the parent.
The suitability of the exemption is based solely on sincere religious belief, not on the parent's academic background. Once exempted, the state does not inquire into the parent's teaching credentials or the child's academic progress.
Not sure which qualification option is best for your situation? Our interactive tool can help you determine which of the four options is easiest for you to document and provide personalized guidance on preparing your qualification evidence for your Notice of Intent.
Families homeschooling under the home instruction statute must demonstrate annual academic progress for each child by August 1 after each homeschool year.
Virginia law offers flexible options for yearly assessment. You may choose ONE of the following forms of evaluation to submit to the superintendent as evidence of adequate progress.
Evaluation Type | Deadline | Required For |
---|---|---|
Annual Assessment (Any of the options below) |
August 1 | Home Instruction Statute option only |
No Assessment Required | N/A | Certified Tutor option |
No Assessment Required | N/A | Religious Exemption option |
Submit results from any nationally normed standardized test. The minimum acceptable score is a composite score at or above the fourth stanine (equivalent to the 23rd percentile).
Tests can be administered:
Instead of a test, parents can submit an evaluation or assessment letter from a qualified professional.
The qualified evaluator would typically:
Parents may submit a report card or transcript from a correspondence program, distance learning program, or institution of higher education.
If your child was enrolled in an online school or took courses (for example, a homeschool program that issues grade reports, or a community college dual-enrollment class), the official report card or transcript showing successful progress will meet the requirement. Essentially, evidence that the child passed their courses for the year can substitute for test scores.
The law allows "any other type of evaluation or assessment which the division superintendent determines to indicate adequate educational growth and progress."
This is a catch-all that gives the superintendent discretion to accept a different form of proof if needed. In practice, homeschoolers almost always use one of the three options above, but if you have a unique situation (for instance, a special needs child with an alternative assessment), you should communicate with your superintendent in advance to see if it would be acceptable.
Virginia's benchmark for adequacy is relatively low compared to some states.
Virginia law has an enforcement mechanism for those homeschooling under the home instruction statute.
Parents have important legal protections:
Children who were not yet 6 years old as of September 30 of the school year do not have to be evaluated or tested that year. You still need to file the NOI if the child was 5 by Sept 30, but the testing requirement is waived until they turn 6.
Families homeschooling under the Certified Tutor provision are not required to submit any year-end assessments. Since the tutor is a licensed teacher operating under approval, the state trusts the tutor's oversight in lieu of test reports.
Families with a religious exemption have no testing or evaluation requirement by law – the child is entirely exempt from state monitoring of academic progress. Parents may voluntarily track progress for their own peace of mind.
Our interactive Assessment Planner can help you choose the right evaluation option for your child, connect with qualified evaluators, prepare for standardized tests, and track deadlines to ensure you stay in compliance with Virginia's annual assessment requirements.
One common question is how closely homeschoolers must adhere to the public school schedule or record attendance.
Virginia does not mandate homeschoolers to keep attendance logs or follow a set number of school days/hours. The homeschool statute itself does not mention any required hours or days of instruction, nor does it require parents to submit attendance records.
Virginia's legal requirements for recordkeeping are minimal:
The compulsory attendance statute's language about being in session for the same days and hours is interpreted as applying to conventional schools, not to home instruction.
Set your own daily schedule - morning, afternoon, or evening learning
Weekends, holidays, or year-round schooling options
Create your own school year schedule
Adjust to each child's pace and needs
While there are no mandated hours or days, it's wise to create a schedule or routine that works for your family to ensure you are providing regular instruction and covering material adequately. This will help ensure your child can demonstrate progress on their annual assessment.
Homeschool students in Virginia are subject to the same vaccination requirements as other students.
Willful non-compliance with immunization laws can carry penalties:
While Virginia law does not require parents to maintain specific records beyond those mentioned above, maintaining a portfolio and records is strongly encouraged for your own use.
Good recordkeeping is crucial for high school students:
Keeping thorough records will help you in many ways: writing evaluator reports, moving between school settings, demonstrating the education provided (for example, during a custody dispute), and preparing college applications. While not legally required, good recordkeeping practices protect your family and create opportunities for your student.
Our digital recordkeeping system helps you maintain organized documentation of your homeschooling journey. Track completed work, store digital portfolios, create high school transcripts, and keep all your important records in one secure place. While Virginia doesn't require extensive records, our easy-to-use system makes documentation simple for your own peace of mind and your child's future opportunities.
Oversight of homeschooling in Virginia is relatively limited and happens at the local school division level. The key oversight person is the division superintendent (or their designee).
Virginia's approach to oversight is often characterized as moderate: there is an initial notification and a yearly check of progress, but day-to-day operation is left to parents. Local school divisions cannot impose requirements beyond what the state law mandates.
The superintendent's role is to receive and review the annual paperwork (NOI, curriculum list, qualifications, and year-end assessments).
The main enforcement comes with the assessment requirement: if you fail to turn in evidence of progress or if the child shows inadequate progress, the superintendent can place the homeschool on probation and require a remediation plan. They must allow you the next year to improve, but if after the probationary year there's still insufficient progress, the superintendent is obligated to revoke permission for home instruction.
For the tutor option, oversight is front-loaded. The superintendent must verify the tutor's credentials and approve them at the outset.
Once the tutor is approved, there is no annual assessment submission required and thus little ongoing contact with the school division. The assumption is that a certified educator is providing instruction, so the state doesn't additionally evaluate the child.
The superintendent could theoretically inquire if the tutor's license expires. If a tutor's qualification lapses, the parent would be out of compliance unless they switch to another option. But there is no routine "check-in" each year beyond possibly confirming the teacher's license is still valid.
Oversight for religiously exempt students is the most hands-off. The local school board decides whether to grant the exemption (often after a hearing or review of the parents' application letter).
Once granted, the school board excuses the student from further attendance under that provision. After that, the law does not require any testing, coursework, or proof of education. The family essentially self-regulates. Virginia is unique in allowing no-oversight religious exemptions, effectively trusting parents completely.
Some school boards might ask families to confirm periodically that they are still claiming the exemption, but Virginia law does not mandate an annual re-approval. The student remains exempt until they are no longer of compulsory attendance age or until the parents rescind the exemption by enrolling the child in school.
If a family fails to comply with the homeschool law (for example, doesn't file a notice or doesn't submit test results and is not under an exemption), the child is considered truant under the compulsory attendance law.
Such cases are uncommon when parents are making a good-faith effort to follow the homeschool law.
If you inadvertently miss a deadline or requirement, it's important to communicate promptly with the superintendent to rectify the situation and avoid escalation.
Virginia law provides an appeal right to an independent hearing officer for any party aggrieved by a superintendent's decision related to home instruction.
For example, if a superintendent refused to accept an evaluation letter you provided or denied your remediation plan, you could appeal. The hearing officer's decision would override the superintendent if it finds in your favor. This process is outlined in §22.1-254.1(E) and is intended to ensure fairness and due process. In reality, disputes rarely reach this stage; most issues can be resolved by providing additional information or working with homeschool advocacy groups to clarify the law to the school officials.
One area of partial oversight involves access to public school resources and activities.
By law, public schools must make Advanced Placement (AP), PSAT, and PreACT exams available to local homeschoolers upon request. This means you can coordinate with your school division to have your child sit for these exams at the school, and they may also inform you of any deadlines or fee waivers for those tests.
Important: Engaging in any public school services does not remove the requirement to comply with homeschool law for the rest of your child's education. Always check with your local school if you seek such access, as policies vary widely between divisions.
Our interactive compliance tool helps you track deadlines, prepare required documentation, and understand your rights when interacting with school officials. We'll provide guidance on responding to unusual requests and help ensure you maintain good standing with your local school division while maximizing your homeschool freedom.
Virginia's legal framework provides several protections for homeschooling families, but there are also common pitfalls to avoid in order to stay in compliance.
The law explicitly affirms that home instruction, when conducted according to §22.1-254.1, is an acceptable alternative to school attendance.
This policy statement means homeschool families, once they fulfill the requirements, are legally on par with other schooling options. If you have filed your paperwork and are educating your child, you are protected from truancy charges or educational neglect accusations under normal circumstances.
Virginia law protects the personal information of homeschool families.
The superintendent and school board may not disclose your homeschool records to outside entities or the state Department of Education without your consent. They do report aggregate numbers of homeschoolers to the state, but names and data are kept local. This means your child's information isn't being passed into any state or national homeschool registry.
An exception would be if you choose to waive privacy for some reason or if a court order compelled records in a specific case.
The right to an independent hearing if you disagree with a superintendent's action is a legal protection.
It ensures that families have recourse if they believe a decision (like termination of a home instruction program) was unjust.
While Virginia requires immunizations, it also provides for religious and medical exemptions to vaccines (via §32.1-46 and related health code).
Homeschoolers can avail themselves of these exemptions just as other students can. If you have a religious objection to vaccinating, you can file the Commonwealth's official exemption form with the Health Department, and that is valid for home instructed children.
Virginia has a provision that allows parents to delay attendance for a child who is not yet six.
If your child is five (which is within compulsory age) but you feel they are not ready for formal school or homeschooling, you can notify your school board that you intend to wait until the following year to start. This is sometimes used by parents to postpone kindergarten.
Virginia does not require home visits, teacher evaluations of the home, or any intrusive monitoring.
School officials cannot enter your home or test your child without consent. Homeschoolers are generally free from government interference in day-to-day teaching as long as they meet the basic legal checkpoints.
Despite the straightforward requirements, some new homeschooling families stumble on a few recurring issues:
The August 15 deadline for the Notice of Intent and the August 1 deadline for annual assessments are firm. Forgetting to file on time can put you out of compliance.
Your NOI packet must have three components: intent notice, curriculum subject list, and qualification evidence. A common mistake is forgetting to attach proof of your diploma/degree for first-time filers.
Some well-intentioned parents submit far more information than required – detailed curriculum plans, book lists, or sample work with the NOI. This isn't harmful, but it isn't necessary and can sometimes invite unnecessary scrutiny.
Some families consider the religious exemption to bypass testing. Be aware that obtaining a religious exemption is not a mere formality – it requires demonstrating sincere religious conviction, and not all applications are granted.
While rare, paperwork can get lost or misfiled at the school office.
If your child is currently enrolled in a public school, failing to properly withdraw them can lead to truancy concerns.
If your child returns to public school, the school may require placement tests or evaluations.
By understanding the legal requirements and adhering to the timelines, Virginia homeschoolers can avoid pitfalls. Most compliance issues can be solved with prompt communication and by utilizing the wealth of guidance available from state homeschool organizations.
Our interactive compliance tool helps you understand your legal rights as a Virginia homeschooler, avoid common pitfalls, and maintain perfect compliance with state requirements. We'll help you track deadlines, prepare proper documentation, and access templates for important correspondence with school officials.
Homeschooling can feel daunting, but Virginia has a strong network of statewide organizations, local support groups, and resources to assist families throughout their journey.
Virginia homeschoolers have access to extensive resources ranging from official state guidance to local co-ops and online communities. These supports can help families navigate legal requirements, find curriculum options, and connect with other homeschoolers.
The VDOE provides official information on homeschooling laws and regulations:
While the VDOE sets the overall guidelines, remember that homeschool oversight happens at the local division level.
HEAV is a statewide non-profit homeschool advocacy and support organization that has operated for decades, offering:
While HEAV has a Christian orientation, it serves all homeschoolers with legal updates and guidance.
VaHomeschoolers is a statewide inclusive homeschool organization (a secular, volunteer-driven non-profit) that:
HSLDA is a national organization that many Virginia homeschoolers join for legal protection:
While serious legal conflicts are rare in Virginia due to clear laws, HSLDA membership gives peace of mind, especially for families using less common options like religious exemption.
Nearly every part of Virginia has local homeschool support networks:
Find local groups through:
Benefits include mentorship from veteran homeschoolers, group field trips, social opportunities, and co-op classes in subjects like science labs, writing, or art.
Virginia homeschoolers can access various online resources:
These virtual resources can be excellent supplements for homeschool families seeking specialized instruction.
Beyond academics, Virginia offers:
Following group newsletters or Facebook groups will help you discover these enrichment opportunities.
Resources for standardized tests or evaluations:
Since Virginia's SOL tests aren't required for homeschoolers, most families use these private testing options to fulfill their annual assessment requirements.
For homeschooling through high school:
While undertaking homeschooling in Virginia requires understanding and fulfilling legal obligations, there is a wealth of support available. By staying connected with state homeschool organizations and local networks, families can remain informed about their rights and responsibilities. Virginia's homeschool law is generally considered friendly and flexible, especially with the backing of groups that keep parents informed of any changes. With proper compliance and the supportive community, homeschooling in Virginia can be a rewarding educational path that hundreds of families successfully navigate each year.
Learning Corner has developed specialized tools to help Virginia homeschooling families navigate requirements, plan effectively, and stay compliant with state regulations.
Our digital tools are designed to address the unique requirements of homeschooling in Virginia, helping families confidently manage their homeschool experience from filing to assessment.
Stay on top of Virginia's homeschooling requirements with our comprehensive compliance tool:
Design an education plan that meets your child's needs while satisfying Virginia's requirements:
Get ready for Virginia's annual assessment requirements:
Navigate the path from homeschooling to college in Virginia:
In addition to our specialized tools, Learning Corner's AI assistant can answer your specific questions about homeschooling in Virginia, help interpret the legal language, and provide personalized guidance based on your family's situation.
Access these Virginia homeschool tools and resources by creating a free Learning Corner account.
Learning Corner offers several AI-powered tools that can assist Virginia homeschoolers:
Analyze your student's activity to understand which concepts they're learning, helping Virginia homeschool parents track academic progress across required subject areas.
Create custom quizzes and assessments to track student progress and ensure comprehensive coverage of Virginia's required subject areas.
Generate customized worksheets for practice and reinforcement across all required Virginia subject areas.
Create structured lesson plans that can serve as documentation of your instruction and help maintain recommended records for Virginia homeschoolers.
Last Updated: April 24, 2025