Access to Public School Systems
Part Time Enrollment in Public Schools
Some public school districts will allow private school students and students receiving home instruction pursuant to §22.1-254.1 to take classes on a part-time basis. Since 1997, school districts can receive a portion of average daily membership (ADM) funding for part-time enrollments. However, local school boards retain the authority to grant or deny part-time access.
§22.1-253.13:2 (N) states: “Students enrolled in a public school on a less than full-time basis shall be counted in average daily membership (ADM) in the relevant school division. Students who are either (i) enrolled in a nonpublic school or (ii) receiving home instruction pursuant to §22.1-254.1, and who are enrolled in public school on a less than full-time basis in any mathematics, science, English, history, social science, vocational education, fine arts, foreign language course, or health and physical education shall be counted in the average daily membership (ADM) in the relevant school division on a pro rata basis as provided in the appropriation act. However, no such nonpublic or homeschool student shall be counted as more than one-half a student for purposes of such pro rata calculation. Such calculation shall not include enrollments of such students in any other public school courses.”
Access to part-time enrollment
The law gives school boards an option to offer part-time enrollment, but it does not require them to do so. Therefore, access varies from district to district.
However, school boards and public schools have an incentive to allow part-time enrollment—partial funding. Part-time students will now be counted in the average daily membership (ADM), and schools will receive up to one-half ADM funding for each part-time student.
Part-time enrollment is limited to the space available.
If part-time enrollment is not available in a public school district, parents may petition their school boards to change their policy.
Who may enroll part-time?
Students for whom a Notice of Intent has been filed may enroll in public school part-time basis. However, students for whom a Notice of Intent has not been filed, such as those educated under the Virginia-certified tutor or teacher or religious exemption statutes, do not qualify for part-time public school enrollment.
What classes can be taken?
Qualifying students may take mathematics, science, English, history, social science, career and technical education, fine arts, foreign language, health education, or physical education.
Virginia law does not address the number of classes in which a homeschool student may be enrolled. Parents should refer to their district’s part-time policy to identify requirements and restrictions.
Could there be other requirements?
Parents may expect local school divisions to implement regulations for part-time enrollment. Of course, these regulations may vary from district to district. Part-time students may have to meet some of the following requirements:
- prove academic achievement by submitting records,
- take placement tests for individual subjects or to verify grade level,
- attend “home room” in order to report attendance for state funding, or
- maintain a designated grade-point average in order to qualify for extracurricular activities.
Can part-time public school students participate in sports and extracurricular activities?
Students who want to participate in sports and other extracurricular activities may be allowed to do so in some cases. Parents should refer to their district’s part-time enrollment policy to learn what options are available.
It is important to note the challenges part-time public school students have in accessing sports and extracurricular activities regulated by the Virginia High School League (VHSL).
In Virginia, the VHSL sets the requirements for participation in interscholastic sports and extracurricular activities. Public schools must adhere to the VHSL’s requirements in order for their students to participate. Unfortunately, several VHSL regulations prevent homeschooled students from qualifying for participation in VHSL activities. Please see HEAV’s 2022 Legislative Summary Report for the latest information regarding sports access.
A student who is ineligible to participate in VHSL-regulated activities may be pleased to find there are many comparable and competitive homeschool sports options available to them. Please click here for more information.
