Virginia Homeschool Notice of Intent

Legal Framework

Virginia's home instruction statute is Code of Virginia Section 22.1-254.1. The state offers four options for qualifying to homeschool, plus a separate religious exemption pathway. Virginia is considered a moderately regulated state -- you file an annual Notice of Intent, provide a description of your curriculum, and submit annual evidence of academic progress. There are no mandated subjects, no required instructional hours (beyond what public schools require), and you have broad freedom over your approach.

Compulsory attendance in Virginia begins when a child turns five on or before September 30 of the school year and extends through age 18. However, parents may exempt a five-year-old from kindergarten for one year if they believe the child is not ready.

Four Options for Qualifying

To homeschool under Section 22.1-254.1, you must meet one of four qualification criteria:

• Option I: High School Diploma. The parent holds a high school diploma (or a higher credential). Note: a GED does not qualify under this option. This is the most commonly used path.
• Option II: Teaching Certification. The parent holds a Virginia teaching license or letter of eligibility for licensure from the Virginia Board of Education.
• Option III: Correspondence or Distance Learning. The child is enrolled in a correspondence course or distance learning program for the school year. You submit evidence of enrollment and a list of courses.
• Option IV: Alternative Evidence. You provide alternative evidence that you are able to provide an adequate education. If you have a GED or other equivalency certification, you can ask the superintendent to accept it under this option. This is a catch-all for families who do not fit neatly into Options I-III.

Step-by-Step Process

1. Submit a Notice of Intent. By August 15 of each school year, send a written notice to the superintendent of your local school division stating your intention to provide home instruction. The notice must include a description of the curriculum (a list of subjects to be studied) and evidence that you meet one of the four qualifying options.
2. Begin instruction. Virginia requires the substantial equivalent of the public school schedule, which is approximately 180 days or 990 hours of instruction.
3. Submit annual evidence of progress. By August 1 following the end of the school year, submit one of the accepted forms of evidence that your child is achieving an adequate level of educational growth.

Required Subjects

Virginia does not mandate specific subjects for home instruction students. Your Notice of Intent must include a description of the curriculum, limited to a list of subjects you plan to teach, but the state does not prescribe what those subjects must be. You have complete curricular freedom.

Record-Keeping

While there is no explicit record-keeping statute for home instruction, maintaining organized records is essential for compliance. Keep copies of your Notice of Intent, your curriculum description, annual assessment results, and any correspondence with the school division. If your child plans to attend college, thorough records and transcripts become critical.