Virginia

Parents must provide annual notice to the division superintendent by August 15 of each year. This notice must include the intent to homeschool, a list of subjects to be studied during the coming year, and evidence that the parent has the necessary qualifications. Parents who move or begin homeschooling during the school year must provide notice “as soon as practicable.” Each division superintendent must notify the Superintendent of Public Instruction of the number of students in the division being homeschooled. See Va. Code Ann. § 22.1-254.1(B).

A parent may provide home instruction in lieu of school attendance if he “(i) holds a high school diploma; or (ii) is a teacher of qualifications prescribed by the Board of Education; or (iii) provides a program of study or curriculum which may be delivered through a correspondence course or distance learning program or in any other manner; or (iv) provides evidence that he is able to provide an adequate education for the child.” See Va. Code Ann. § 22.1-254.1(A).

Home instruction must take place “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.” This is generally 180 days or 990 hours. See Va. Code Ann. § 22.1-254(A).

None. However, students must achieve either the 23rd percentile on a nationally standardized achievement test or have an evaluation with a standardized teacher or other qualified individual showing “an adequate level of educational growth and progress.” See Va. Code Ann. § 22.1-254.1(C).

Parents must submit documentation of compliance with immunization requirements upon the request of the division superintendent. See Va. Code Ann. § 22.1-271.4.

By August 1 following each school year, each homeschool parent must provide the division superintendent with either (1) evidence that the child has achieved at least the 23rd percentile (fourth stanine) on a nationally standardized achievement test; or (2) an evaluation that the division superintendent demonstrates that the child “is achieving an adequate level of educational growth and progress” including (a) an evaluation from a licensed teacher, or an individual with a master’s degree or higher, stating that they are familiar with the child and can attest to their progress; or (b) a report card or transcript from an institution of higher education or a correspondence school. See Va. Code Ann. § 22.1-254.1(C).

If the required evidence of progress is not submitted, the homeschool is placed on probation for one year. Parents must provide the division superintendent with “evidence of their ability to provide an adequate education for their child” and a remediation plan for the probationary year. “If the remediation plan and evidence are not accepted or the required evidence of progress is not provided by August 1 following the probationary year, home instruction shall cease.” “Any party aggrieved by a decision of the division superintendent may appeal his decision within 30 days to an independent hearing officer.” See Va. Code Ann. § 22.1-254.1(E). The district superintendent must compare lists of enrolled students with lists provided by the State Registrar of Vital Records and Health Statistics. The local attendance officer will investigate any cases of children not enrolled in school and not excused under the state’s homeschooling law. See Va. Code Ann. § 22.1-261. Failure to educate is not included under the state’s definition of neglect. Individuals suspecting a homeschool parent of educational neglect should report their concerns to the division superintendent rather than to Virginia’s Child Protective Services.

Violation of the homeschool statute is a Class 3 misdemeanor. See Va. Code Ann. § 22.1-263. The statute explicitly states that it is not meant to interfere with a student and his parents obtaining religious exemptions from school attendance. See Va. Code Ann. § 22.1-254.1(D). Parents must “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.” See Va. Code Ann. § 22.1-271.4.