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Virginia

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Virginia homeschooling laws

Compulsory Attendance:

Ages:

"have reached the fifth birthday on or before . . . September 30 . . . and who has not passed the eighteenth birthday". However, any child who will not have reached his sixth birthday on or before September 30 of each school year, whose parent notifies the appropriate school board that he does not wish the child to attend school until the following year" is exempt from attending school. Section 22.1-256 (A)(5).

Days:

Generally, 180 days. &Section 22.1-254

Subjects:

Reading, writing, math, spelling, history, government and citizenship.

Home School Statutes:

1. "Instruction of children by their parents in their home is an acceptable alternative form of education." Va. Code Ann. $ 22.1-254.1 (A)
2. Parents must annually notify their local superintendent of their intention to home school by August 31. If moving into school district, parent must notify "as soon as practicable" and comply with other requirements within thirty days of notice.
3. Parents must have a i) baccalaureate degree in any subject or ii) be a "teacher of qualifications prescribed by the Board of Education" or iii) enroll child in a "correspondence course approved by the Board of Education" or iv) provide a curriculum of program of study that includes "in the judgement of the superintendent," the standards of learning objectives adopted by the board and evidence that the parents will provide an "adequate education."

   Parents must submit a "description of the curriculum" that they will be using.

Alternate Statutes Allowing for Home Schools:

1. Religious Exception Statute: "A school board . . . shall excuse from attendance at school any pupil who, together with hisparents, by reason of bona fide religious training or belief, isconscientiously opposed to attendance at school." 22.1-257 (A(2) Home schoolers may receive an exemption under this statute according to 22.1-254.1(D)

   Under this exemption the "school system lacks the authority to monitor the educational growth of a child through regular testing . . ." OAG, Nov. 18, 1988 (54-395) p.5. Furthermore, on page two of this opinion, the Attorney General asserts, "The guarantee of free exercise is not limited to beliefs which are shared by all members of a religious sect." also "[t]here is no legal requirement . . . that a religion or religious belief meet organizational or doctrinal tests in order to qualify for constitutional protection." Id.

   In Frazee v. Illinois Dept. of Employment Security, 109 S.Ct.1514 (1989), the U.S. Supreme Court stated that whether or not the individual's church family "formally supports the religious belief held by the individual is an "irrelevant issue" in determining the validity of that religious belief. Frazee, at 1516. Further on the Court said " . . . we reject the notion that to claim the protection of the Free Exercise clause, one must be responding to the commands of a particular religious organization." Frazee, at 1517.

2. Certified Tutor Statute: If a parent is certified in Virginia they need only to have their qualifications approved by the local superintendent. No other requirements apply. &22.1-254.1(C)

Teacher Qualifications:

Standardized Tests:

1. Parents must submit the results of an annual standardized achievement test by August 1 after each completed school year. Test must show that child attained "a composite score above the fortieth percentile."
2. Or submit an annual "evaluation or assessment which, in the judgement of the division superintendent, indicates that the child is achieving an adequate level of educational growth and progress." By August 1.

Changes since 1990:

Subject:	Virginia law changes
Date:	Sun, 06 Apr 1997 17:24:12 -0700
From:	Stephen Bender <sbender@erols.com>

A couple years ago, VA dropped the standard to the same as for public schools: 23rd percentile.

Also, some counties are now refusing to accept the Iowa Test of Basic Skills, and instisting on Stanford.

Part of Jon's Homeschool Resources. Copyright © 1997..2004 Jon Shemitz <jon@midnightbeach.com> September 27, 1995..September 9, 2004