CURRENT GRADE: D
Virginia provides no state tax dollars to follow the student. There are a few public charter schools, but these are still under state or local control. Tax deductible donations to private school funds can be made that can be used to fund private school scholarships but the money comes from private donors.
Homeschooling requires notice of intent and other requirements such as proof of meeting certain standards through testing. Religious freedom to educate is one of strongest in the nation.
Compulsory attendance is required from ages 5-18. Exceptions may apply to students ages 16-18 if approved by the parent.
Education Options
Education Improvement Scholarships Tax Credits Program: Permits state tax credits for donations made to “approved scholarship foundations.” These foundations can then provide scholarships to eligible students attending participating private schools.
Public charter schools: Must be approved by the local school board. These schools are still subject to state accreditation standards and testing and certain approvals and oversight by the local school board. Enrollment is through a lottery.
College Partnership Laboratory Schools: The state board of education accepts applications to approve these programs. State grants fund the start-up costs of the programs that are operated through state colleges. Most lab schools have partnerships with local school divisions.
Homeschooling Laws
Here are state laws on the topic of homeschooling:
- A parent/guardian may provide homeschool instruction if he (i) holds a high school diploma; (ii) is a teacher of qualifications prescribed by the Board; (iii) provides the child with a program of study or curriculum, which may be delivered through a correspondence course or distance learning program or in any other manner; or (iv) provides evidence that he is able to provide an adequate education for the child.
- Parent/guardian must annually notify the division superintendent of intent to homeschool and provide a list of subjects to be studied and evidence of having met one of the conditions above.
- If a parent is providing home instruction they must provide evidence of achievement through testing, a report card/transcript, or evaluation letter from licensed teacher.
- Athletics: homeschooled students may not participate in athletics or extracurriculars in public schools.
Religious Exemptions:
§22.1-254 (B): Virginia has the most robust religious freedom in education law.
- A school board shall excuse from attendance at school:
1. Any pupil who, together with his parents, by reason of bona fide religious training or belief is conscientiously opposed to attendance at school.
The First Amendment states “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.” Many argue that a religious conviction to provide a home-based education is constitutionally protected and a state religious exemption law is not a requirement to be able to homeschool on religious grounds.
It should be noted that the U.S. Supreme Court in Wisconsin v. Yoder (1972) established that “Under the Free Exercise Clause of the First Amendment, a state law requiring that children attend school past eighth grade violates the parents’ constitutional right to direct the religious upbringing of their children.” (The case involved a challenge of a 16-year-old student to be exempt, so the scope was limited)




