{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/22.1-2.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/22.1-2.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/22.1-2.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/22.1-2.1.html"}],"law_id":58647,"edition_id":1,"section_id":58647,"structure_id":13161,"section_number":"22.1-2.1","catch_line":"Provision of in-person instruction","history":"2022, cc. 2, 780.","full_text":"A\n\nAs used in this section, “in-person instruction” means instructional interaction between teachers and students that occurs in person and in real time. “In-person instruction” does not include the act of proctoring remote online learning in a classroom.B\n\nExcept as otherwise permitted in subdivision C 4 of § 22.1-98 or Article 3 (§ 22.1-276.01 et seq.) of Chapter 14, each school board shall offer in-person instruction to each student enrolled in the local school division in a public elementary and secondary school for at least the minimum number of required annual instructional hours and to each student enrolled in the local school division in a public school-based early childhood care and education program for the entirety of the instructional time provided pursuant to such program.C\n\nNotwithstanding any other provision of law or any regulation, rule, or policy implemented by a school board, school division, school official, or other state or local authority, the parent of any child enrolled in a public elementary or secondary school, or in any school-based early childhood care and education program, may elect for such child to not wear a mask while on school property. A parent making such an election shall not be required to provide a reason or any certification of the child’s health or education status. No student shall suffer any adverse disciplinary or academic consequences as a result of this parental election. Nothing in this section shall be construed to affect the Governor’s authority under Chapter 3.2 (§ 44-146.13 et seq.) of Title 44 to accomplish the purposes of such chapter with regard to a communicable disease of public health threat as defined in § 44-146.16.","order_by":null,"text":{"0":{"id":214961,"text":"As used in this section, “in-person instruction” means instructional interaction between teachers and students that occurs in person and in real time. “In-person instruction” does not include the act of proctoring remote online learning in a classroom.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":214962,"text":"Except as otherwise permitted in subdivision C 4 of § 22.1-98 or Article 3 (§ 22.1-276.01 et seq.) of Chapter 14, each school board shall offer in-person instruction to each student enrolled in the local school division in a public elementary and secondary school for at least the minimum number of required annual instructional hours and to each student enrolled in the local school division in a public school-based early childhood care and education program for the entirety of the instructional time provided pursuant to such program.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":214963,"text":"Notwithstanding any other provision of law or any regulation, rule, or policy implemented by a school board, school division, school official, or other state or local authority, the parent of any child enrolled in a public elementary or secondary school, or in any school-based early childhood care and education program, may elect for such child to not wear a mask while on school property. A parent making such an election shall not be required to provide a reason or any certification of the child’s health or education status. No student shall suffer any adverse disciplinary or academic consequences as a result of this parental election. Nothing in this section shall be construed to affect the Governor’s authority under Chapter 3.2 (§ 44-146.13 et seq.) of Title 44 to accomplish the purposes of such chapter with regard to a communicable disease of public health threat as defined in § 44-146.16.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":13161,"edition_id":1,"name":"System of Public Schools; General Provisions","identifier":"1","label":"chapter","depth":2,"order_by":1,"parent_id":12823,"metadata":{},"date_created":"2026-06-26 03:44:22","date_modified":"2026-06-26 03:44:22","permalink":{"id":180951,"object_type":"structure","relational_id":13161,"identifier":"1","token":"22.1\/1","url":"\/22.1\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12823,"edition_id":1,"name":"Education","identifier":"22.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:55","date_modified":"2026-06-26 03:43:55","permalink":{"id":180949,"object_type":"structure","relational_id":12823,"identifier":"22.1","token":"22.1","url":"\/22.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":74111,"structure_id":13161,"section_number":"22.1-1","catch_line":"(Effective July 1, 2026) Definitions","url":"\/22.1-1\/","token":"22.1\/1\/22.1-1","metadata":false},{"id":81357,"structure_id":13161,"section_number":"22.1-2","catch_line":"System of free public elementary and secondary schools to be maintained; administration","url":"\/22.1-2\/","token":"22.1\/1\/22.1-2","metadata":false},{"id":58647,"structure_id":13161,"section_number":"22.1-2.1","catch_line":"Provision of in-person instruction","url":"\/22.1-2.1\/","token":"22.1\/1\/22.1-2.1","metadata":false},{"id":81351,"structure_id":13161,"section_number":"22.1-3","catch_line":"Persons to whom public schools shall be free","url":"\/22.1-3\/","token":"22.1\/1\/22.1-3","metadata":false},{"id":86526,"structure_id":13161,"section_number":"22.1-3.1","catch_line":"Birth certificates required upon admission; required notice to the local law-enforcement agency","url":"\/22.1-3.1\/","token":"22.1\/1\/22.1-3.1","metadata":false},{"id":82615,"structure_id":13161,"section_number":"22.1-3.2","catch_line":"Notice of student's school status required as condition of admission; penalty","url":"\/22.1-3.2\/","token":"22.1\/1\/22.1-3.2","metadata":false},{"id":70535,"structure_id":13161,"section_number":"22.1-3.3","catch_line":"Transfer of students under certain circumstances","url":"\/22.1-3.3\/","token":"22.1\/1\/22.1-3.3","metadata":false},{"id":59686,"structure_id":13161,"section_number":"22.1-3.4","catch_line":"Enrollment of certain children placed in foster care","url":"\/22.1-3.4\/","token":"22.1\/1\/22.1-3.4","metadata":false},{"id":75129,"structure_id":13161,"section_number":"22.1-3.5","catch_line":"Enrollment of certain military children with disabilities; provision of special education services and accommodations","url":"\/22.1-3.5\/","token":"22.1\/1\/22.1-3.5","metadata":false},{"id":85585,"structure_id":13161,"section_number":"22.1-4","catch_line":"Repealed","url":"\/22.1-4\/","token":"22.1\/1\/22.1-4","metadata":false},{"id":81156,"structure_id":13161,"section_number":"22.1-4.1","catch_line":"Street addresses required in certain school admission documents","url":"\/22.1-4.1\/","token":"22.1\/1\/22.1-4.1","metadata":false},{"id":74434,"structure_id":13161,"section_number":"22.1-4.2","catch_line":"Designation of race or ethnicity","url":"\/22.1-4.2\/","token":"22.1\/1\/22.1-4.2","metadata":false},{"id":59805,"structure_id":13161,"section_number":"22.1-4.3","catch_line":"Participation by and notification of noncustodial parent","url":"\/22.1-4.3\/","token":"22.1\/1\/22.1-4.3","metadata":false},{"id":54182,"structure_id":13161,"section_number":"22.1-5","catch_line":"Regulations concerning admission of certain persons to schools; tuition charges","url":"\/22.1-5\/","token":"22.1\/1\/22.1-5","metadata":false},{"id":60793,"structure_id":13161,"section_number":"22.1-5.1","catch_line":"Organizations governing public school interscholastic programs; participation by students in military families","url":"\/22.1-5.1\/","token":"22.1\/1\/22.1-5.1","metadata":false},{"id":81718,"structure_id":13161,"section_number":"22.1-6","catch_line":"Permitted fees and charges","url":"\/22.1-6\/","token":"22.1\/1\/22.1-6","metadata":false},{"id":58212,"structure_id":13161,"section_number":"22.1-6.1","catch_line":"Menstrual supplies; availability; public elementary, middle, and high schools","url":"\/22.1-6.1\/","token":"22.1\/1\/22.1-6.1","metadata":false},{"id":86640,"structure_id":13161,"section_number":"22.1-7","catch_line":"Responsibility of each state board, agency, and institution having children in residence or in custody","url":"\/22.1-7\/","token":"22.1\/1\/22.1-7","metadata":false},{"id":79554,"structure_id":13161,"section_number":"22.1-7.1","catch_line":"Open school enrollment policy","url":"\/22.1-7.1\/","token":"22.1\/1\/22.1-7.1","metadata":false},{"id":74104,"structure_id":13161,"section_number":"22.1-7.2","catch_line":"Enrollment for students residing on a military installation or in military housing","url":"\/22.1-7.2\/","token":"22.1\/1\/22.1-7.2","metadata":false}],"previous_section":{"id":81357,"structure_id":13161,"section_number":"22.1-2","catch_line":"System of free public elementary and secondary schools to be maintained; 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This law was first created in 2022. The record of its establishment is cataloged in chapters 2<\/a> and 780<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":false,"refers_to":[{"id":77797,"section_number":"22.1-276.01","catch_line":"Definitions","order_by":null,"url":"\/22.1-276.01\/"},{"id":77449,"section_number":"22.1-98","catch_line":"Reduction of state aid when length of school term below 180 days or 990 hours","order_by":null,"url":"\/22.1-98\/"},{"id":83808,"section_number":"44-146.13","catch_line":"Short title","order_by":null,"url":"\/44-146.13\/"},{"id":65984,"section_number":"44-146.16","catch_line":"Definitions","order_by":null,"url":"\/44-146.16\/"}],"permalink":{"id":180961,"object_type":"law","relational_id":58647,"identifier":"22.1-2.1","token":"22.1\/1\/22.1-2.1","url":"\/22.1-2.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/22.1-2.1\/","token":"22.1\/1\/22.1-2.1","dublin_core":{"Title":"Provision of in-person instruction","Type":"Text","Format":"text\/html","Identifier":"\u00a7 22.1-2.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> As used in this section, “in-person instruction<\/span>” means instructional interaction between teachers and students that occurs in person and in real time. “In-person instruction<\/span>” does not include the act of proctoring remote online learning in a classroom. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Except as otherwise permitted in subdivision C 4 of § 22.1-98<\/a> or Article 3 (§ 22.1-276.01<\/a> et seq.) of Chapter 14, each school board<\/span> shall offer in-person instruction<\/span> to each student enrolled in the local school division in a public elementary<\/span> and secondary school for at least the minimum number of required annual instructional hours and to each student enrolled in the local school division in a public school-based early childhood care and education program for the entirety of the instructional time provided pursuant to such program. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Notwithstanding any other provision of law<\/span> or any regulation, rule, or policy implemented by a school board<\/span>, school division, school official, or other state or local authority, the parent<\/span> of any child enrolled in a public elementary<\/span> or secondary school, or in any school-based early childhood care and education program, may elect for such child to not wear a mask while on school property. A parent<\/span> making such an election shall not be required to provide a reason or any certification of the child’s health or education status. No student shall suffer any adverse disciplinary or academic consequences as a result of this parental election. Nothing in this section shall be construed to affect the Governor’s authority under Chapter 3.2 (§ 44-146.13<\/a> et seq.) of Title 44 to accomplish the purposes of such chapter with regard to a communicable disease of public health threat as defined in § 44-146.16<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPROVISION OF IN-PERSON INSTRUCTION (\u00a7 22.1-2.1)\n\nA. As used in this section, “in-person instruction” means\ninstructional interaction between teachers and students that occurs in person\nand in real time. “In-person instruction” does not include the act\nof proctoring remote online learning in a classroom.\n\nB. Except as otherwise permitted in subdivision C 4 of § 22.1-98 or Article\n3 (§ 22.1-276.01 et seq.) of Chapter 14, each school board shall offer\nin-person instruction to each student enrolled in the local school division in a\npublic elementary and secondary school for at least the minimum number of\nrequired annual instructional hours and to each student enrolled in the local\nschool division in a public school-based early childhood care and education\nprogram for the entirety of the instructional time provided pursuant to such\nprogram.\n\nC. Notwithstanding any other provision of law or any regulation, rule, or policy\nimplemented by a school board, school division, school official, or other state\nor local authority, the parent of any child enrolled in a public elementary or\nsecondary school, or in any school-based early childhood care and education\nprogram, may elect for such child to not wear a mask while on school property. A\nparent making such an election shall not be required to provide a reason or any\ncertification of the child’s health or education status. No student shall\nsuffer any adverse disciplinary or academic consequences as a result of this\nparental election. Nothing in this section shall be construed to affect the\nGovernor’s authority under Chapter 3.2 (§ 44-146.13 et seq.) of Title\n44 to accomplish the purposes of such chapter with regard to a communicable\ndisease of public health threat as defined in § 44-146.16.\n\nHISTORY: 2022, cc. 2, 780.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}