Virginia Homeschool Law: Simplified

First, it’s vital to become familiar with the legal requirements of homeschooling. The fine points of the homeschool statutes of VA are contained in statute §22.1-254.1. You can read the full text of the VA Homeschool Statute here.

Also, HEAV (Home Educators of VA) gives an excellent summary of the legalities of homeschooling, including clear information about the various options for legal homeschooling, as well as links to letters you can use that clarify for school districts:

• How NOI’s are notifications rather than requests for approval to homeschool.

• How they can't force us to use online portals and they can't ask for more information than the law provides

• How homeschooling graduation works, etc.

Summary of Virginia Homeschool Statute § 22.1-254.1

• Eligibility to Homeschool
  

  • Parents may homeschool if they meet one of the following criteria:

    • Option 1: Hold a high school diploma

    • Option 2: Are a certified teacher

    • Option 3: Provide a structured curriculum via a correspondence course or distance learning provider.

    • Option 4: Show evidence they can provide an adequate education

  • Parents may also homeschool under the “Certified Tutor Provision” or “Religious Exemption Statute”

    • Certified Tutor Provision: See option 2 above this. Applies to parents with a current Virginia teacher certification. Under this banner, your division Superintendent’s approval is required, and yearly progress assessments are not required.

    • Religious Exemption: Parents must demonstrate bona fide or sincerely held religious beliefs, as determined by the governing school board.

• Annual Notification Requirements (due August 15 each year)
  
  

  Parents must notify the local superintendent in their district by August 15 each year. This document is called an NOI. More information on NOI’s can be found by clicking on the button at the bottom of this section.
  
  

Notification must include:

1. A list of subjects to be studied

2. Proof of eligibility to homeschool

• If starting after the school year begins, parents must notify the superintendent as soon as possible and comply within 30 days

• Note: An NOI is a NOTIFICATION to the district that you intend to homeschool. By contrast, it is NOT a request for approval. The only time a family must request any approval is when homeschooling under Option 4 of the homeschool options.
  

• Yearly Evidence of Progress (Due by August 1)
  

  • Parents must provide one of the following:

    • Standardized test scores showing the child is at or above the 4th stanine

    • An evaluation from a qualified educator affirming adequate progress

    • A report card or transcript from an accredited institution

• Probation for Lack of Progress
  
  

  • If no progress report is submitted, one’s homeschooling may be placed on a one-year probation

    • Parents must submit a remediation plan to address deficiencies

  • If progress is still not shown by the next August 1, homeschooling must cease

  • Appeals Process:

    • If a superintendent denies homeschooling approval, parents may appeal within 30 days to an independent hearing officer

• Privacy Protections
  
  

  • Schools cannot share homeschooling records with outside parties without parental consent

  • They may only report the number of homeschooled students in the district to the state

Homeschool Notice of Intent (NOI) Guide

Learn about the process of submitting your homeschool Notice of Intent (NOI) to your local school district and ensure compliance with educational regulations.

Homeschool families who are not schooling under the religious exemption provision MUST provide a Notice of Intent (NOI) yearly by August 15.

To write an NOI, You can use a template form or write your own.

NOI Template forms:

• VA Homeschoolers' Form

• HEAV’s form (Home Educators Association of VA)

• IMPORTANT: Do NOT use any forms provided by your school district!

  School district forms frequently request far more information than what is legally required.

  Providing unnecessary details enables district overreach and undermines the freedoms that Virginia homeschooling families value.

Writing your own NOI

Templates are not required, and the process is VERY simple.

To ensure your NOI letter meets the requirements of §22.1-254.1, include the following information:

1. Statement that you are providing notice of intent to homeschool

• You may opt to reference to the Virginia homeschool statute §22.1-254.1, but it’s not required

2. Child(ren)’s Information

• Full name of each child being homeschooled

• Age of each child as of September 30 of the current school year (grade level is NOT required and so I do not suggest you include grade information)

3. Homeschool Qualification

Choose to state you are homeschooling under one of the following options:

• Option 1: High school diploma (you MUST attach a copy)

  • After your first NOI, many districts will allow you to write: “Diploma On File,” but if you change districts you need to attach a copy again.

  • As an alternative to a diploma copy, if you have a higher degree, that is acceptable.

  • A copy of your official final High School transcript is also sufficient for this purpose

  • Only ONE parent/legal guardian must provide a diploma, and it does not matter which parent

• Option 2: Intent to function as a Certified Tutor

  • Note: Under this provision, you would only provide ONE notice to the school system.

  • You aren’t required to file any other annual NOIs and do not have to submit testing/evaluation results to the local school division.

• Option 3: Curriculum or study program (correspondence, online, or other)

  • Show evidence of enrollment in that program such as a letter of welcome or recognition that your student is enrolled.

• Option 4: Demonstrating ability to provide an adequate education (GED, personal statement, etc.)

  • See my clarification of Option 4 here [INSERT LINK IN TEXT]

  • This option is subject to the district Superintendant’s approval and is, therefore, one of the more difficult options

4. Provide a List of Subjects

• Note: A full curriculum description is not required, nor advisable to include (prevent over-reach!). You must only supply a simple list of subjects your student(s) will learn in the year-to-come.

  • You will not be penalized if you don’t complete a subject or add a subject to this listing later.

• Examples of subjects you might list (customize as needed):

  • Language Arts (Reading, Writing, Grammar)

  • Mathematics

  • Science

  • Social Studies

  • Foreign Language

  • Art/Music

  • Physical Education

5. Parent Signature & Contact Information

• Parent/Guardian's Full Name

• Mailing Address

• Email Address (optional but helpful)

More information about NOIs in Virginia...

Submission Deadline for NOI

• NOI must be submitted by August 15 each year (or within 30 days if starting after the school year begins).

How do I send in my NOI?

• You may choose to send your NOI via hand-delivery, mail, email, or fax.

• Whether you mail, hand-deliver, or email your notice, it's crucial to obtain proof of delivery. If mailing, it’s suggested that you require a signature upon delivery. If delivering in person, get a signed receipt from the recipient. For email, utilize the read/receipt function within your email program.

Do I need to wait for a reply/approval from the school district before beginning homeschooling?

• The law states we have to send in an NOI, but it does not state that the school district has to respond to us. Once you submit your Notice of Intent (NOI), you are legally homeschooling. It is important to obtain proof of delivery, as the school district is not required to respond to your NOI.

• Districts vary as to how long they take to respond (in 2024 I got my response in February of that school year!) and some may not respond at all. Although the law mandates that we submit an NOI, it does not require the school district to respond.

  • If you need to use an NOI receipt for enrollment in a program, call or email your district homeschool representative and they can supply one.

Special Circumstances:

A Guide to Option 2 and 4 Homeschooling...

Option 2: The Certified Tutor Option- NOI Guidance

• To do this, you must write to your local school division superintendent.

• In your letter, state the following:

  • That you are filing under the approved tutor provision

  • Include a copy of your teaching license.

  • You may find it beneficial to quote the law in your letter.

  • I advise you try not to use the term "homeschooling" in your correspondence, as Option 2/use of a Certified Tutor is not formally recognized as homeschooling under Virginia law.

For further information, please visit http://vahomeschoolers.org/guide/approved-tutor/.

Option 4: Proof of adequate ability to homeschool- NOI Guidance

• Here is a great video breakdown of the requirements of Option 4 homeschooling

• Sample/Example Option 4 NOI:

  • "Superintendent of [city] public schools, I am providing notice of my intention to provide home instruction for ______ (age 7) & ________ (age 9) under option 4 as provided for by §22.1.-254.1 of the Code of Virginia, in lieu of having them attend school for the year 20__/20__. In our family, we see homeschooling as being a continuation of the parenting we’ve been doing since the birth of our children. No one has a deeper interest in the academic well-being of a child than the parent. I taught my children to walk, to talk, to experience the world with wonder. I will continue this by teaching my children to read, to be numerate, to be a critical-thinker and to be well-rounded autodidacts. In areas where I lack the relevant knowledge, I will purchase curriculum, or utilize co-op classes. I will be teaching my children language arts, mathematics, Spanish, social sciences, lab sciences, art and physical education.”

Proof of Progress Requirements in VA

What does the law say about providing Proof of Progress as a VA Homeschool family?

Under § 22.1-254.1(C) of the Code of Virginia, parents providing home instruction (except those claiming religious exemption or claiming the Certified Tutor provision) must submit proof of progress by August 1 each year following a year of homeschooling. The acceptable forms of proof of progress include:

1. Standardized Testing Option

• Families can test to determine a composite score at or above the fourth stanine (23rd percentile or higher) on any nationally normed standardized achievement test (e.g., Iowa Test of Basic Skills, CAT, Stanford, etc.).

  • You are ONLY required to report the composite of the reading/writing and math sections. Please do NOT report information gained from other subsections on the report, as it contributes to over-reach beyond legal requirements.

• Provide an equivalent score on the ACT, SAT, or PSAT.

2. Evaluation or Assessment Option

Instead of standardized testing, parents may submit one of the following:

• An evaluation letter from a licensed teacher or an individual with a master’s degree or higher in any academic discipline, confirming that the child is making adequate educational progress.

• A report card or transcript from an accredited institution (college distance learning program, home-education correspondence school, dual enrollment program, or institution of higher education).

Proof of Progress Requirements for Kindergartner/Prek-Aged students:

• If the child is under 6 years old as of September 30, note that proof of progress is not required by August 1 of the following year. Do not send a progress letter in August/at the end of the school year for students who were not 6 years old at the beginning of the school year, specifically on Sept. 30.

• If the child is 6 or older as of September 30, you must submit proof of progress by August 1 (at the end of the school year).

Consequences of Failing to Provide Proof of Progress

• If proof of progress is not submitted by August 1, the home instruction program may be placed on probation for one year.

• Parents must submit:

  • Evidence of their ability to provide an adequate education (per § 22.1-254.1(A)).

  • A remediation plan addressing educational deficiencies.

• If the superintendent accepts the plan, homeschooling may continue for a probationary year.

• If the plan is not accepted or proof of progress is not provided by August 1 following the probationary year, home instruction must cease, and parents must arrange for their child’s education in compliance with § 22.1-254.

• The proof of progress requirement does not apply to children under the age of six as of September 30 of that school year.

How does the standardized test option work?

• Any nationally-normed standardized assessment is acceptable.

• One example is the California Achievement Test (CAT). It is available for purchase from a number of different retailers. Its utility is primarily to demonstrate progress but is considered unreliable for detailed diagnostic/academic information. Cost savings may be realized by procuring the test from Academic Excellence during a sale period and administering it at a later point in the academic year. Critics of the CAT often state it contains outdated references that modern students may not understand, and that it is “too easy” for use as a valid gauge of students’ academic standing.

• Another popular option is the IOWA test (aka The Iowa Test of Basic Skills (ITBS)), which is also available from popular sites like Seton testing. It is often remarked to be more modern than the CAT.

If I have a Master’s Degree, can I write my own evaluation letter?

Oh boy, here we go...my two cents:

• The question of whether parents should be allowed to evaluate their own homeschooled students is a highly controversial topic within the homeschooling community. It raises an important debate about adhering to the letter of the law versus honoring the spirit of the law. While there is no explicit legal restriction in Virginia that prevents parents from writing their own evaluation letters, I believe that the intent of the law suggests otherwise.

• The purpose of a portfolio-style evaluation is to provide an unbiased, external assessment of a student's academic progress. A parent, no matter how well-intentioned or educated, has inherent biases when assessing their own child’s abilities. The proof of progress requirement exists to protect Virginia homeschoolers and ensure that students are receiving a quality education. If parents were allowed to evaluate their own children, it could compromise the integrity of the system and diminish the credibility of homeschool assessments.

• This belief holds true even for parents with professional teaching experience. As a speech-language pathologist with an advanced degree, I have personally chosen to use independent homeschool evaluators for my own children. I recognize the value of an outside perspective, and I encourage other homeschool parents to do the same. While it is essential for parents to take an active role in their child’s education, allowing an impartial evaluator to review their progress ultimately benefits both the student and the homeschooling community as a whole.

• For those seeking legal clarification, I strongly recommend consulting an attorney familiar with Virginia homeschool laws or reaching out to organizations such as the Home School Legal Defense Association (HSLDA) (https://hslda.org). Regardless of the legal technicalities, the spirit of the law is clear—outside evaluation ensures accountability and maintains the credibility of home education.

My favorite links:

Empowering Homeschooling Families Together

Introducing a curated collection of essential homeschooling resources and links for parents seeking guidance and support in their educational journey. Check back here often because I add more links as I discover them!

All of the following sites contain copious FREE resources for homeschoolers!

• HEAV (Home Educators Association of Virginia)- https://heav.org/

• Virginia Homeschoolers- https://vahomeschoolers.org/

• HSLDA (Homeschool Legal Defense Association)- https://hslda.org/

• The Homeschool Mom- https://www.thehomeschoolmom.com/

One more thing...

If you're a homeschooling family in Hampton Roads, VA, I highly recommend the Facebook group Homeschooling in Hampton Roads. It’s been invaluable in my journey, and many topics above are referenced from its “Guides” section.

Homeschooling Simplified

Contact Melissa Johnson

Reach out for questions about homeschooling resources and guidance.