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DMV Website Changes 4/17/24

Over the last four months, HEAV has worked with the Virginia Department of Motor Vehicles (DMV) to correct inaccurate website text. At HEAV’s request, the DMV has aligned its website with the requirements of the law.

The original text stated, “If you are an approved home schooler, driver education can be taught at home. The student must currently be enrolled in a home-schooled program approved by your school division superintendent.” (emphasis added) We are pleased to report the DMV has replaced this text with the following: “If you have complied with compulsory attendance laws, §22.1-254, and are educating under the home instruction statute, §22.1-254.1, driver education can be taught at home. The parent must submit evidence acknowledging compliance.”

Additionally, HEAV has confirmed that parent-taught homeschool students can take the 90-minute driver education component online. Planning District 8 homeschool students are NOT required to take the course in person at a public school. The homeschool parent-teacher must be present with the student when taking this additional online component. HEAV also worked with Virginia Department of Education (VDOE) specialist Vanessa Wigand to ensure the DMV website was updated with accurate information.

Each VDOE-approved driver education course listed on the HEAV website now includes the 90-minute driver education component at no additional cost.

What You Should Know:

  • The terms “approved” and “enrolled” are inconsistent with the home instruction law.
  • Although public school districts oversee compliance with the homeschool laws, they do not have statutory authority to approve a parent’s decision to enroll in a private school, hire a Virginia-certified tutor/teacher, or homeschool. Under the homeschool statute, parents are required to notify the superintendent of their intent to homeschool.
  • Public school districts do not have the statutory authority to review or approve private school, Virginia-certified tutor/teacher, or homeschool programs.
  • The law does not require parents to enroll “in a home-schooled program.” Parents create individual and customized programs of study using various means.
  • Parents present evidence to the DMV of their compliance with the compulsory attendance law by providing a copy of their notice of intent form or a letter from the division superintendent, or an acknowledgment of religious exemption from the school board.
  • All students under age 18, along with a parent or guardian, must participate in an additional 90-minute driver education component as a part of the in-classroom portion of the driver education curriculum.
  • Resources: HEAV Resources: Driver Education, Approved Online Driver’s Ed Courses, Law Flowchart, HEAV’s Notice Of Intent Form; Compulsory Attendance Law: §22.1-254; Home Instruction Law: §22.1-254.1; VDOE Resource: VDOE 2023 Home Instruction Handbook

HEAV is always available should you ever have questions or need assistance. Please contact us anytime at 804-278-9200 or via our contact form.

Patricia Beahr
HEAV Assistant Director of Government Affairs

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