Religious Exemption Demystified
Exemption from Compulsory Attendance
Understanding Religious Exemption
As homeschooling continues to grow, so does the number of parents who teach their children at home under religious exemption. However, religious exemption is not for everyone.
There are multiple paths families may consider when navigating Virginia’s compulsory attendance law.
Families can enroll in a public or private school, use a tutor or teacher of qualifications (Certified Tutor), provide home instruction, delay attendance, or seek one of several exemptions in the law. Here, we provide information on the religious exemption option, § 22.1-254(B)(1).
What is Religious Exemption?
Grounded in the First Amendment, Virginia enshrined its citizens’ right to the free exercise of religion in its 1976 religious exemption statute. Predating the legalization of home instruction in 1984, Virginia’s religious exemption statute ensures that families are not forced to violate their sincerely held religious beliefs and prevents conflicts between the demands of the state and the demands of conscience.
Religious exemption is for “Any pupil who, together with his parents, by reason of bona fide religious training or belief is conscientiously opposed to attendance at school.” (Reference: § 22.1-254(B)(1))
Religious exemption is not for families who object to school attendance due to “…essentially political, sociological, or philosophical views or merely a personal moral code.” (Reference: § 22.1-254(B)(1)) For example, families may disagree with curricula, teaching methods, educational quality, or school safety; however, these objections do not constitute grounds to seek a religious exemption.
Before seeking a religious exemption, it is important to have a thorough understanding of the law to ensure the religious exemption option is appropriate for your family.
Who Can Seek a Religious Exemption?
Religious exemptions can be sought by families from a broad range of faiths. However, the law does not require families to belong to or attend a particular faith group, nor does it require that the group’s teachings align with individual and sincerely held religious beliefs.
Families who seek a religious exemption must be religiously and conscientiously opposed to school attendance, holding a bona fide or genuine conviction that government compulsion would violate their right to the free exercise of their religious beliefs and training.
How does a family seek a religious exemption?
Families may seek a religious exemption for their children who are subject to Virginia’s compulsory attendance laws. Virginia’s compulsory attendance law applies to, “… any child who will have reached the fifth birthday on or before September 30 of any school year and who has not passed the eighteenth birthday.” (Reference: § 22.1-254(A))
The following process reflects historic and state-wide practices:
- Families write a letter to their local public school board chairman describing their religious objections to school attendance. Some may include an affidavit from a religious leader or expert or from individuals vouching for the sincerity of their religious beliefs.
- Upon receipt, the chairman brings the family’s documentation to a closed session, where the school board applies a single mandate prescribed by law: acknowledgement of the family’s bona fide and sincere religious convictions and their vested right to a religious exemption from compulsory school attendance.
- If the school board concludes that a family’s beliefs are bona fide and religious, they shall (or must) approve the religious exemption.
- The school board hereby acknowledges that the children are henceforth excused from compulsory school attendance. The acknowledgement should be a letter, signed by the school board chairman and sent directly to the family, to ensure confidentiality.
A religious exemption may be requested at any time during the school year; there is no deadline. Once submitted, it may take one to two months to receive an acknowledgement letter. Until the religious exemption is recognized, families may be subject to compulsory attendance requirements.*
Considerations
Obtaining a religious exemption can be a smooth process. However, as with all nonpublic school compulsory attendance options, some divisions attempt to impose requirements that may be inconsistent with state, federal, and case law.
It is important for families to understand the law and receive knowledgeable support throughout the process.
HEAV offers over 40 years of experience assisting families in obtaining a religious exemption. If concerns or conflicts arise, please seek appropriate support by contacting our office Monday through Friday from 10 a.m. to 4 p.m. at 804-278-9200.
Additional considerations for families seeking a religious exemption:
- HEAV encourages families to document their compliance with the law. This should include retaining copies of all documentation submitted to the school board, all written and verbal correspondence with school personnel, 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-delivered documents.
- School boards should treat all documentation as personal, private legal correspondence in accordance with Virginia’s privacy law, § 22.1-254.1(G), avoiding broad dissemination of such materials within the division and limiting any related discussion to the closed school board session.
- Only a local school board, acting on behalf of the state Board, may recognize a religious exemption. Virginia law assigns no role to public school superintendents or staff in the religious exemption process.
- The courts have established that local public school boards cannot scrutinize religious beliefs or measure the validity of a family’s convictions by imposing personal beliefs or opinions. They must only determine if the family’s position is bona fide and religious.
- The state legislature has not given local school boards general jurisdiction over the education of all children living within the school district. They can only adopt policies for the supervision of public schools and cannot add requirements to the law.
- It is important for school divisions to understand Virginia laws and process documentation properly. Families should ensure they have done so. This can avoid an unnecessary truancy investigation and undue burden on both the division staff and the family.
- Virginia law does not authorize school boards to grant time-limited religious exemptions. Since its adoption, the religious exemption law has been understood and practiced as a statewide, one-time exemption.
- Virginia law does not authorize a school board to terminate a religious exemption without due process.
Educating Under Religious Exemption
Educational Resources and Methods
Families with a religious exemption enjoy the same freedom as those using private education and home instruction in selecting the educational resources and methods that work best for their children.
Our website provides information on getting started, teaching tips, field trips, Homeschool Days and much more.
Religious Exemption Study
HEAV commissioned a formal study of Virginia’s religiously exempt homeschool students, comparing the standardized test scores of notice-of-intent (NOI) students and religiously exempt (RE) students in Virginia. A partnership with Dr. Brian Ray of National Home Education Research Institute (NHERI) and Seton Testing Services ensured the study was blind, impartial, and academically sound.
Religious Exemption Study
HEAV commissioned a formal study comparing the standardized test scores of notice-of-intent (NOI) students
and religiously exempt (RE) homeschooled students in Virginia.
Want to learn more?
Explore Relevant Case Law:
- Supreme Court of the United States, Wisconsin v. Yoder
- Supreme Court of the United States, Frazee v. Ill. Dept. of Empl. Secur.
- Supreme Court of Virginia, F. Tracy Johnson v. Prince William County School Board
- Supreme Court of Virginia, Sosebee v. Franklin County School Board
- District Court of Virginia, Commonwealth of Virginia v. Terry Foreman and Joyce Foreman
- District Court of Virginia, Francis v. Barnes
Read through HEAV’s homeschool Q&As on religious exemption here.
* This article is not intended to be construed as legal advice. HEAV recommends that families interested in pursuing a religious exemption consult appropriate legal counsel or join the Home School Legal Defense Association (HSLDA).
