Home Instruction
Home Instruction Compliance
The home instruction law is the most common avenue for homeschooling.
Home instruction is a parent’s choice; it is not subject to approval by public school personnel, but parents must fully comply with the law.
All parents can choose home instruction for their child(ren), and they can begin at any time.
There are two main steps to comply with the home instruction law:
- Submit a Notice of Intent to provide home instruction
- Provide evidence of progress by August 1
Complete a Notice of Intent to provide home instruction.
Complete HEAV’s Notice of Intent (NOI), or write a letter that includes the information outlined in our form.
Note: NOI forms—including those of public schools—may be inconsistent with the law, creating unnecessary compliance conflicts for you. HEAV recommends using our NOI. It is consistent with state law, case law, and VDOE guidance.
To the NOI form or letter, attach:
- Evidence that supports one of the four criteria for providing home instruction, as referenced on our NOI, and
- A description of the curriculum, limited to a list of subjects to be studied during the coming year. A description of the curriculum can be a simple statement listing the subjects you intend to teach, such as language arts, math, history, science, foreign language, PE, music, and art.
Send your completed NOI to your superintendent.
Parents who choose to provide home instruction must submit a complete NOI annually to the division superintendent by August 15.
List of local school divisions and addresses.
Beginning Midyear?
Parents who move into a new school division or who wish to begin home instruction mid-year must notify the division superintendent of their intention to provide home instruction “as soon as practicable.” After this initial notification, parents then have 30 days to complete an NOI, as outlined above.
If you are withdrawing from public school to provide home instruction, see Homeschooling Mid-Year: Starting Immediately for general guidance on the process.
Complete and Submit Evidence of Progress by August 1
Virginia law requires families who have provided an NOI to submit evidence of progress by August 1.*
Families may choose one of several evidence of progress options:
Option 1: Provide evidence that the child has attained a composite score in or above the fourth stanine (or 23rd percentile) on:
- any nationally normed standardized achievement test, or
- an equivalent score on the ACT, SAT, or PSAT.
Option 2: Provide an evaluation or assessment that the division superintendent determines to indicate the child is achieving an adequate level of educational growth and progress. It may include:
- an evaluation letter from a person licensed to teach in any state, or a person with a master’s degree or higher in an academic discipline, having knowledge of the child’s academic progress, stating that the child is achieving an adequate level of educational growth and progress, or
- a report card or transcription from one of the following options:
- An institution of higher education,
- College distance learning program
- A home-education correspondence school.
Note: Evidence of progress submitted under option 2 is subject to the superintendent’s determination as to whether the submission indicates the child is achieving an adequate level of educational growth and progress. In addition, if a family wishes to provide evidence of progress not listed above, HEAV recommends contacting the local superintendent in advance to ensure it is accepted.
*Evidence of progress is not required when the student:
- Is under the age of six as of September 30 of the school year
- Has reached his 18th birthday
- Has obtained a high school diploma or its equivalent
- Has otherwise complied with compulsory school attendance requirements
- No longer lives in the school district.
Document Your Compliance With the Law
The Notice of Intent and evidence of progress are legal documents, and parents – not public school officials – are responsible for being able to prove their compliance with the law. When legal documents are processed incorrectly or lost upon receipt, proof of compliance can save families from the burden and stress of an inappropriate truancy investigation. Compliance can be documented by retaining a copy of all legal documents submitted to your local public school division, written and verbal correspondence with your public school division, and proof of the office’s receipt of all legal paperwork. Proof of receipt can be a certified mail receipt, a time-stamped email, or a dated signature confirming hand-delivery of documents.Get a FREE Homeschooling Beginner Bundle
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Be Prepared
No matter what the circumstances, get complete and accurate information about homeschooling options before you begin contacting local officials. Local school divisions will gladly give you information, but may add policies beyond the requirements of the law, or be unfamiliar with recent legislative changes. By being well informed, you’ll know what to expect and be better prepared to make important decisions.
New School Division Residents
Are you a new Virginia resident, or have you moved within the state from one school district to another? If you want to educate your child(ren) under Virginia’s homeschool statute, the law requires you to comply with Virginia statute §22.1-254.1. When you move within the state from one school district to another, the law requires you to inform the division superintendent in your new locale “as soon as practicable” that you are in his district and will begin homeschooling.
You may inform your superintendent by either calling the office or sending a letter, or you may choose to file a “Notice of Intent to Provide Home Instruction” form. You will have thirty days from your notification date to complete the requirements in order to fully comply with the homeschool statute. As a courtesy, but not required by law, you may let the superintendent of your previous Virginia school district know that you have moved from his district. They will no longer expect yearly evidence of progress. Since you have relocated, all correspondence regarding your Notice of Intent and evidence of progress should be sent to the new superintendent.
Current Residents
Virginia parents who decide to begin homeschooling after the August 15 deadline may also begin midyear. According to §22.1-154.1(B), parents may begin homeschooling after the school year begins. Parents should follow the same procedures as those for new residents.
However, this does not mean that parents who already teach at home can be lax about the yearly deadline. It clearly refers to parents who begin to homeschool for the first time after the school year has begun. The deadline can be enforced if a parent willingly avoids or carelessly neglects to notify the division superintendent by August 15.
Withdrawal From Public School
If you plan to withdraw your child from public school in order to begin homeschooling, your should understand the homeschool statute before you begin.
File your “Notice of Intent” with your local school superintendent, in accordance with Virginia Code 22.1-254.1, before giving notice of withdrawal from school. Keeping your child home before notifying the superintendent could result in a truancy investigation. Truancy charges can include fines up to $100 per day and six months in jail.
If your initial “Notice of Intent” to the superintendent does not include complete information because you are making final curriculum plans, you have 30 days from the initial notice to complete the requirements and fully comply with the law. However, once you have given notice, you should be considered legal homeschoolers, and are free to begin homeschooling.
The law does not specify “how” you should withdraw your child from school. Read more here.
As a homeschooling parent, you are not applying for permission or seeking approval. You are simply notifying the superintendent’s office of your intent to homeschool in a manner already approved by the Virginia General Assembly. The law does not require a parent to wait for “approval” from the division superintendent before withdrawing a student from a conventional school.
If for some reason the superintendent responds negatively,
- Respectfully ask him to put his decision and/or requirements in writing and to mail you a copy,
- Discuss the requirements of the law with experienced homeschoolers, give our office a call (804-278-9200), and/or seek legal counsel, and
- If all else fails, within thirty days, you may appeal his decision before an independent hearing officer. The cost of the hearing will be apportioned by the hearing officer based on his findings. Never ignore official correspondence or telephone calls.
Know the Law, Know Your Rights
It is important for you and your child to begin your homeschooling experience on a positive note. Know the law. Understand your rights as a parent. Decide what to do and how to prepare for success. Virginia does not have onerous laws. Meet the requirements, and you can homeschool…now!
If this statute cannot accommodate your religious convictions, please visit our Certified Tutor, Kindergarten Opt-Out, and Religious Exemption webpages for more information.
For a visual overview of all homeschool options, explore our Virginia Homeschool Law Flowchart.
[Nothing in this article should be construed as legal advice. The purpose of this article is to inform interested parents of options under the Virginia statute.
