§22.1-254(A) of the Code of Virginia identifies the ways parents can comply with Virginia’s compulsory attendance requirements. It includes a provision that allows a parent to satisfy compulsory attendance requirements by having “…such child taught by a tutor or teacher of qualifications prescribed by the Board of Education and approved by the division superintendent…” as an alternative to attendance at a public or private school.Parents who are certified teachers may teach their own children under this provision, known as “the certified tutor” option, instead of the home instruction statute found in §22.1-254.1.Under the certified tutor provision:

  • The tutor or teacher must have current Virginia teacher certification.
  • Certification must be approved by the division superintendent
  • A parent or non-parent who is Virginia certified may teach using §22.1-254(A).
  • The tutor may teach his/her own children or other children.
  • Instruction may take place in the home or outside the home.
  • End-of-year assessment is not required.
  • Yearly notification is not required as long as certification is current; new or up-dated certification should be submitted.

Notification should take place in the form of a letter to the division superintendent. Certification documents must be included for the superintendent’s approval. In the letter, be sure to clearly state that you are in compliance with §22.1-254(A).

If you choose to use the certified tutor statute, DO NOT FILE a Notice of Intent form. DO NOT check option (ii) on the Notice of Intent form although it shows “certified tutor” as the second option to homeschool. Tutors who use the NOI form indicate they are in compliance with §22.1-245.1, the homeschool statute. The homeschool statute requires end-of-year assessment and yearly filing.

Because a certified tutor option is also included on the Notice of Intent form, understandably, some division personnel are confused. Be prepared to explain the difference if there are questions.

Read the Court Report article here.

View the Superintendent’s memo here.