{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/22.1-254.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/22.1-254.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/22.1-254.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/22.1-254.1.html"}],"law_id":75707,"edition_id":1,"section_id":75707,"structure_id":13989,"section_number":"22.1-254.1","catch_line":"Declaration of policy; requirements for home instruction of children","history":"1984, c. 436; 1986, c. 215; 1991, c. 306; 1992, c. 131; 1993, c. 992; 1994, c. 854; 1998, c. 435; 1999, cc. 488, 552; 2005, c. 377; 2006, cc. 562, 567, 911, 932; 2008, cc. 364, 553; 2012, cc. 547, 587; 2015, cc. 567, 590, 592; 2016, c. 640; 2017, cc. 302, 334; 2018, c. 516; 2022, c. 355.","full_text":"A\n\nWhen the requirements of this section have been satisfied, instruction of children by their parents is an acceptable alternative form of education under the policy of the Commonwealth of Virginia. Any parent of 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 may elect to provide home instruction in lieu of school attendance 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.B\n\nAny parent who elects to provide home instruction in lieu of school attendance shall annually notify the division superintendent in August of his intention to so instruct the child and provide a description of the curriculum, limited to a list of subjects to be studied during the coming year, and evidence of having met one of the criteria for providing home instruction as required by subsection A. Parents electing to provide home instruction shall provide such annual notice no later than August 15. Any parent who moves into a school division or begins home instruction after the school year has begun shall notify the division superintendent of his intention to provide home instruction as soon as practicable and shall thereafter comply with the requirements of this section within 30 days of such notice. The division superintendent shall notify the Superintendent of the number of students in the school division receiving home instruction.C\n\nThe parent who elects to provide home instruction shall provide the division superintendent by August 1 following the school year in which the child has received home instruction with either (i) evidence that the child has attained a composite score in or above the fourth stanine on any nationally normed standardized achievement test, or an equivalent score on the ACT, SAT, or PSAT test or (ii) an evaluation or assessment that the division superintendent determines to indicate that the child is achieving an adequate level of educational growth and progress, including (a) an evaluation letter from a person licensed to teach in any state, or a person with a master’s degree or higher in an academic discipline, having knowledge of the child’s academic progress, stating that the child is achieving an adequate level of educational growth and progress or (b) a report card or transcript from an institution of higher education, college distance learning program, or home-education correspondence school.\n\t\t\tIn the event that evidence of progress as required in this subsection is not provided by the parent, the home instruction program for that child may be placed on probation for one year. Parents shall file with the division superintendent evidence of their ability to provide an adequate education for their child in compliance with subsection A and a remediation plan for the probationary year that indicates their program is designed to address any educational deficiency. Upon acceptance of such evidence and plan by the division superintendent, the home instruction may continue for one probationary year. If the remediation plan and evidence are not accepted or the required evidence of progress is not provided by August 1 following the probationary year, home instruction shall cease and the parent shall make other arrangements for the education of the child that comply with § 22.1-254. The requirements of this subsection shall not apply to children who are under the age of six as of September 30 of the school year.D\n\nNothing in this section shall prohibit a pupil and his parents from obtaining an excuse from school attendance by reason of bona fide religious training or belief pursuant to subdivision B 1 of § 22.1-254.E\n\nAny party aggrieved by a decision of the division superintendent may appeal his decision within 30 days to an independent hearing officer. The independent hearing officer shall be chosen from the list maintained by the Executive Secretary of the Supreme Court for hearing appeals of the placements of children with disabilities. The costs of the hearing shall be apportioned among the parties by the hearing officer in a manner consistent with his findings.F\n\nSchool boards shall make Advanced Placement (AP), Preliminary SAT\/National Merit Scholarship Qualifying Test (PSAT\/NMSQT), and PreACT examinations available to students receiving home instruction pursuant to this section. School boards shall adopt written policies that specify the date by which such students shall register to participate in such examinations. School boards shall notify such students and their parents of such registration deadline and the availability of financial assistance to low-income and needy students to take such examinations.G\n\nNo division superintendent or local school board shall disclose to the Department or any other person or entity outside of the local school division information that is provided by a parent or student to satisfy the requirements of this section or subdivision B 1 of § 22.1-254. However, a division superintendent or local school board may disclose, with the written consent of a student’s parent, such information to the extent provided by the parent’s consent. Nothing in this subsection shall prohibit a division superintendent from notifying the Superintendent of the number of students in the school division receiving home instruction as required by subsection B.","order_by":null,"text":{"0":{"id":271855,"text":"When the requirements of this section have been satisfied, instruction of children by their parents is an acceptable alternative form of education under the policy of the Commonwealth of Virginia. Any parent of 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 may elect to provide home instruction in lieu of school attendance 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.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":271856,"text":"Any parent who elects to provide home instruction in lieu of school attendance shall annually notify the division superintendent in August of his intention to so instruct the child and provide a description of the curriculum, limited to a list of subjects to be studied during the coming year, and evidence of having met one of the criteria for providing home instruction as required by subsection A. Parents electing to provide home instruction shall provide such annual notice no later than August 15. Any parent who moves into a school division or begins home instruction after the school year has begun shall notify the division superintendent of his intention to provide home instruction as soon as practicable and shall thereafter comply with the requirements of this section within 30 days of such notice. The division superintendent shall notify the Superintendent of the number of students in the school division receiving home instruction.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":271857,"text":"The parent who elects to provide home instruction shall provide the division superintendent by August 1 following the school year in which the child has received home instruction with either (i) evidence that the child has attained a composite score in or above the fourth stanine on any nationally normed standardized achievement test, or an equivalent score on the ACT, SAT, or PSAT test or (ii) an evaluation or assessment that the division superintendent determines to indicate that the child is achieving an adequate level of educational growth and progress, including (a) an evaluation letter from a person licensed to teach in any state, or a person with a master’s degree or higher in an academic discipline, having knowledge of the child’s academic progress, stating that the child is achieving an adequate level of educational growth and progress or (b) a report card or transcript from an institution of higher education, college distance learning program, or home-education correspondence school.\n\t\t\tIn the event that evidence of progress as required in this subsection is not provided by the parent, the home instruction program for that child may be placed on probation for one year. Parents shall file with the division superintendent evidence of their ability to provide an adequate education for their child in compliance with subsection A and a remediation plan for the probationary year that indicates their program is designed to address any educational deficiency. Upon acceptance of such evidence and plan by the division superintendent, the home instruction may continue for one probationary year. If the remediation plan and evidence are not accepted or the required evidence of progress is not provided by August 1 following the probationary year, home instruction shall cease and the parent shall make other arrangements for the education of the child that comply with § 22.1-254. The requirements of this subsection shall not apply to children who are under the age of six as of September 30 of the school year.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":271858,"text":"Nothing in this section shall prohibit a pupil and his parents from obtaining an excuse from school attendance by reason of bona fide religious training or belief pursuant to subdivision B 1 of § 22.1-254.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":271859,"text":"Any party aggrieved by a decision of the division superintendent may appeal his decision within 30 days to an independent hearing officer. The independent hearing officer shall be chosen from the list maintained by the Executive Secretary of the Supreme Court for hearing appeals of the placements of children with disabilities. The costs of the hearing shall be apportioned among the parties by the hearing officer in a manner consistent with his findings.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":271860,"text":"School boards shall make Advanced Placement (AP), Preliminary SAT\/National Merit Scholarship Qualifying Test (PSAT\/NMSQT), and PreACT examinations available to students receiving home instruction pursuant to this section. School boards shall adopt written policies that specify the date by which such students shall register to participate in such examinations. School boards shall notify such students and their parents of such registration deadline and the availability of financial assistance to low-income and needy students to take such examinations.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":271861,"text":"No division superintendent or local school board shall disclose to the Department or any other person or entity outside of the local school division information that is provided by a parent or student to satisfy the requirements of this section or subdivision B 1 of § 22.1-254. However, a division superintendent or local school board may disclose, with the written consent of a student’s parent, such information to the extent provided by the parent’s consent. Nothing in this subsection shall prohibit a division superintendent from notifying the Superintendent of the number of students in the school division receiving home instruction as required by subsection B.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F"}},"ancestry":[{"id":13989,"edition_id":1,"name":"Compulsory School Attendance","identifier":"1","label":"article","depth":3,"order_by":1,"parent_id":12850,"metadata":{},"date_created":"2026-06-26 03:46:31","date_modified":"2026-06-26 03:46:31","permalink":{"id":182135,"object_type":"structure","relational_id":13989,"identifier":"1","token":"22.1\/14\/1","url":"\/22.1\/14\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12850,"edition_id":1,"name":"Pupils","identifier":"14","label":"chapter","depth":2,"order_by":1,"parent_id":12823,"metadata":{},"date_created":"2026-06-26 03:43:56","date_modified":"2026-06-26 03:43:56","permalink":{"id":182133,"object_type":"structure","relational_id":12850,"identifier":"14","token":"22.1\/14","url":"\/22.1\/14\/","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":64677,"structure_id":13989,"section_number":"22.1-254","catch_line":"Compulsory attendance required; excuses and waivers; alternative education program attendance; exemptions from article","url":"\/22.1-254\/","token":"22.1\/14\/1\/22.1-254","metadata":false},{"id":61216,"structure_id":13989,"section_number":"22.1-254.01","catch_line":"Certain students required to attend summer school or after-school sessions","url":"\/22.1-254.01\/","token":"22.1\/14\/1\/22.1-254.01","metadata":false},{"id":85817,"structure_id":13989,"section_number":"22.1-254.02","catch_line":"Students transferring from a public school","url":"\/22.1-254.02\/","token":"22.1\/14\/1\/22.1-254.02","metadata":false},{"id":75707,"structure_id":13989,"section_number":"22.1-254.1","catch_line":"Declaration of policy; requirements for home instruction of children","url":"\/22.1-254.1\/","token":"22.1\/14\/1\/22.1-254.1","metadata":false},{"id":82535,"structure_id":13989,"section_number":"22.1-254.2","catch_line":"Testing for high school equivalency; eligibility; guidelines","url":"\/22.1-254.2\/","token":"22.1\/14\/1\/22.1-254.2","metadata":false},{"id":60397,"structure_id":13989,"section_number":"22.1-255","catch_line":"Nonresident children","url":"\/22.1-255\/","token":"22.1\/14\/1\/22.1-255","metadata":false},{"id":77710,"structure_id":13989,"section_number":"22.1-256","catch_line":"Repealed","url":"\/22.1-256\/","token":"22.1\/14\/1\/22.1-256","metadata":false},{"id":72504,"structure_id":13989,"section_number":"22.1-258","catch_line":"Appointment of attendance officers; notification when pupil fails to report to school; plan; conference; court proceedings","url":"\/22.1-258\/","token":"22.1\/14\/1\/22.1-258","metadata":false},{"id":57994,"structure_id":13989,"section_number":"22.1-259","catch_line":"Teachers to keep daily attendance records","url":"\/22.1-259\/","token":"22.1\/14\/1\/22.1-259","metadata":false},{"id":73600,"structure_id":13989,"section_number":"22.1-260","catch_line":"Reports of children enrolled and not enrolled; nonattendance","url":"\/22.1-260\/","token":"22.1\/14\/1\/22.1-260","metadata":false},{"id":80115,"structure_id":13989,"section_number":"22.1-261","catch_line":"Attendance officer to make list of children not enrolled; duties of attendance officer","url":"\/22.1-261\/","token":"22.1\/14\/1\/22.1-261","metadata":false},{"id":58722,"structure_id":13989,"section_number":"22.1-262","catch_line":"Complaint to court when parent fails to comply with law","url":"\/22.1-262\/","token":"22.1\/14\/1\/22.1-262","metadata":false},{"id":83240,"structure_id":13989,"section_number":"22.1-263","catch_line":"Violation constitutes misdemeanor","url":"\/22.1-263\/","token":"22.1\/14\/1\/22.1-263","metadata":false},{"id":62028,"structure_id":13989,"section_number":"22.1-264","catch_line":"Misdemeanor to make false statements as to age","url":"\/22.1-264\/","token":"22.1\/14\/1\/22.1-264","metadata":false},{"id":81772,"structure_id":13989,"section_number":"22.1-264.1","catch_line":"Misdemeanor to make false statements as to school division or attendance zone residency; penalty","url":"\/22.1-264.1\/","token":"22.1\/14\/1\/22.1-264.1","metadata":false},{"id":81264,"structure_id":13989,"section_number":"22.1-265","catch_line":"Inducing children to absent themselves","url":"\/22.1-265\/","token":"22.1\/14\/1\/22.1-265","metadata":false},{"id":58598,"structure_id":13989,"section_number":"22.1-266","catch_line":"Law-enforcement officers and truant children","url":"\/22.1-266\/","token":"22.1\/14\/1\/22.1-266","metadata":false},{"id":55064,"structure_id":13989,"section_number":"22.1-267","catch_line":"Proceedings against habitually absent child","url":"\/22.1-267\/","token":"22.1\/14\/1\/22.1-267","metadata":false},{"id":56329,"structure_id":13989,"section_number":"22.1-268","catch_line":"Duty of attorneys for the Commonwealth to prosecute cases arising under article; jurisdiction of offenses","url":"\/22.1-268\/","token":"22.1\/14\/1\/22.1-268","metadata":false},{"id":65442,"structure_id":13989,"section_number":"22.1-269","catch_line":"Board to enforce","url":"\/22.1-269\/","token":"22.1\/14\/1\/22.1-269","metadata":false},{"id":70396,"structure_id":13989,"section_number":"22.1-269.1","catch_line":"Alternative attendance programs","url":"\/22.1-269.1\/","token":"22.1\/14\/1\/22.1-269.1","metadata":false}],"previous_section":{"id":85817,"structure_id":13989,"section_number":"22.1-254.02","catch_line":"Students transferring from a public school","url":"\/22.1-254.02\/","token":"22.1\/14\/1\/22.1-254.02","metadata":false},"next_section":{"id":82535,"structure_id":13989,"section_number":"22.1-254.2","catch_line":"Testing for high school equivalency; eligibility; guidelines","url":"\/22.1-254.2\/","token":"22.1\/14\/1\/22.1-254.2","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/22.1-254.1\/","history_text":"

This law was first created in 1984. The record of its establishment is cataloged in chapter 436 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. Unfortunately, the 1984 \u201cActs\u201d aren\u2019t available online. It has been modified 16 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1986, chapter 215; in 1991, chapter 306; in 1992, chapter 131; in 1993, chapter 992; in 1994, chapter 854<\/a>; in 1998, chapter 435<\/a>; in 1999, chapters 488<\/a> and 552<\/a>; in 2005, chapter 377<\/a>; in 2006, chapters 562<\/a>, 567<\/a>, 911<\/a>, and 932<\/a>; in 2008, chapters 364<\/a> and 553<\/a>; in 2012, chapters 547<\/a> and 587<\/a>; in 2015, chapters 567<\/a>, 590<\/a>, and 592<\/a>; in 2016, chapter 640<\/a>; in 2017, chapters 302<\/a> and 334<\/a>; in 2018, chapter 516<\/a>; in 2022, chapter 355<\/a>.<\/p>","references":[{"id":58397,"section_number":"22.1-205","catch_line":"Driver education programs","order_by":null,"url":"\/22.1-205\/"},{"id":69198,"section_number":"22.1-253.13:2","catch_line":"(Effective July 1, 2026) Standard 2. Instructional, administrative, and support personnel","order_by":null,"url":"\/22.1-253.13_2\/"},{"id":64677,"section_number":"22.1-254","catch_line":"Compulsory attendance required; excuses and waivers; alternative education program attendance; exemptions from article","order_by":null,"url":"\/22.1-254\/"},{"id":82535,"section_number":"22.1-254.2","catch_line":"Testing for high school equivalency; eligibility; guidelines","order_by":null,"url":"\/22.1-254.2\/"},{"id":58904,"section_number":"22.1-271.4","catch_line":"Health requirements for home-instructed, exempted, and excused children","order_by":null,"url":"\/22.1-271.4\/"},{"id":70818,"section_number":"22.1-287.03","catch_line":"Unique student identification numbers","order_by":null,"url":"\/22.1-287.03\/"},{"id":71305,"section_number":"23.1-600","catch_line":"Participation in and eligibility for state-supported financial aid programs","order_by":null,"url":"\/23.1-600\/"}],"refers_to":[{"id":64677,"section_number":"22.1-254","catch_line":"Compulsory attendance required; excuses and waivers; alternative education program attendance; exemptions from article","order_by":null,"url":"\/22.1-254\/"}],"permalink":{"id":182149,"object_type":"law","relational_id":75707,"identifier":"22.1-254.1","token":"22.1\/14\/1\/22.1-254.1","url":"\/22.1-254.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/22.1-254.1\/","token":"22.1\/14\/1\/22.1-254.1","dublin_core":{"Title":"Declaration of policy; requirements for home instruction of children","Type":"Text","Format":"text\/html","Identifier":"\u00a7 22.1-254.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> When the requirements of this section have been satisfied, instruction of children by their parents<\/span><\/span> is an acceptable alternative form of education under the policy of the Commonwealth of Virginia. Any parent<\/span> of 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 may elect to provide home instruction in lieu of school attendance if he (i) holds a high school diploma; (ii) is a teacher of qualifications prescribed by the Board<\/span>; (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<\/span> that he is able to provide an adequate education for the child. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Any parent<\/span> who elects to provide home instruction in lieu of school attendance shall annually notify the division superintendent<\/span> in August of his intention to so instruct the child and provide a description of the curriculum, limited to a list of subjects to be studied during the coming year, and evidence<\/span> of having met one of the criteria for providing home instruction as required by subsection A. Parents<\/span><\/span> electing to provide home instruction shall provide such annual notice no later than August 15. Any parent<\/span> who moves into a school division or begins home instruction after the school year has begun shall notify the division superintendent<\/span> of his intention to provide home instruction as soon as practicable and shall thereafter comply with the requirements of this section within 30 days of such notice. The division superintendent<\/span> shall notify the Superintendent of the number of students in the school division receiving home instruction. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The parent<\/span> who elects to provide home instruction shall provide the division superintendent<\/span> by August 1 following the school year in which the child has received home instruction with either (i) evidence<\/span> that the child has attained a composite score in or above the fourth stanine on any nationally normed standardized achievement test, or an equivalent score on the ACT, SAT, or PSAT test or (ii) an evaluation or assessment that the division superintendent<\/span> determines to indicate that the child is achieving an adequate level of educational growth and progress, including (a) an evaluation letter from a person licensed to teach in any state, or a person with a master’s degree or higher in an academic discipline, having knowledge of the child’s academic progress, stating that the child is achieving an adequate level of educational growth and progress or (b) a report card or transcript<\/span> from an institution of higher education, college distance learning program, or home-education correspondence school.\n\t\t\tIn the event that evidence<\/span> of progress as required in this subsection is not provided by the parent<\/span>, the home instruction program for that child may be placed on probation<\/span> for one year. Parents<\/span><\/span> shall file with the division superintendent<\/span> evidence<\/span> of their ability to provide an adequate education for their child in compliance with subsection A and a remediation plan for the probationary year that indicates their program is designed to address any educational deficiency. Upon acceptance of such evidence<\/span> and plan by the division superintendent<\/span>, the home instruction may continue for one probationary year. If the remediation plan and evidence<\/span> are not accepted or the required evidence<\/span> of progress is not provided by August 1 following the probationary year, home instruction shall cease and the parent<\/span> shall make other arrangements for the education of the child that comply with § 22.1-254<\/a>. The requirements of this subsection shall not apply to children who are under the age of six as of September 30 of the school year. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Nothing in this section shall prohibit a pupil and his parents<\/span><\/span> from obtaining an excuse from school attendance by reason of bona fide religious training or belief pursuant to subdivision B 1 of § 22.1-254<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Any party<\/span> aggrieved by a decision of the division superintendent<\/span> may appeal<\/span> his decision within 30 days to an independent hearing<\/span> officer. The independent hearing<\/span> officer shall be chosen from the list maintained by the Executive Secretary of the Supreme Court<\/span> for hearing<\/span> appeals<\/span> of the placements of children with disabilities. The costs of the hearing<\/span> shall be apportioned among the parties by the hearing<\/span> officer in a manner consistent with his findings<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> School boards<\/span> shall make Advanced Placement (AP), Preliminary SAT\/National Merit Scholarship Qualifying Test (PSAT\/NMSQT), and PreACT examinations available to students receiving home instruction pursuant to this section. School boards<\/span> shall adopt written policies that specify the date by which such students shall register to participate in such examinations. School boards<\/span> shall notify such students and their parents<\/span><\/span> of such registration deadline and the availability of financial assistance to low-income and needy students to take such examinations. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> No division superintendent<\/span> or local school board<\/span> shall disclose to the Department<\/span> or any other person or entity outside of the local school division information that is provided by a parent<\/span> or student to satisfy the requirements of this section or subdivision B 1 of § 22.1-254<\/a>. However, a division superintendent<\/span> or local school board<\/span> may disclose, with the written consent of a student’s parent<\/span>, such information to the extent provided by the parent<\/span>’s consent. Nothing in this subsection shall prohibit a division superintendent<\/span> from notifying the Superintendent of the number of students in the school division receiving home instruction as required by subsection B. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDECLARATION OF POLICY; REQUIREMENTS FOR HOME INSTRUCTION OF CHILDREN (\u00a7\n22.1-254.1)\n\nA. When the requirements of this section have been satisfied, instruction of\nchildren by their parents is an acceptable alternative form of education under\nthe policy of the Commonwealth of Virginia. Any parent of any child who will\nhave reached the fifth birthday on or before September 30 of any school year and\nwho has not passed the eighteenth birthday may elect to provide home instruction\nin lieu of school attendance if he (i) holds a high school diploma; (ii) is a\nteacher of qualifications prescribed by the Board; (iii) provides the child with\na program of study or curriculum, which may be delivered through a\ncorrespondence course or distance learning program or in any other manner; or\n(iv) provides evidence that he is able to provide an adequate education for the\nchild.\n\nB. Any parent who elects to provide home instruction in lieu of school\nattendance shall annually notify the division superintendent in August of his\nintention to so instruct the child and provide a description of the curriculum,\nlimited to a list of subjects to be studied during the coming year, and evidence\nof having met one of the criteria for providing home instruction as required by\nsubsection A. Parents electing to provide home instruction shall provide such\nannual notice no later than August 15. Any parent who moves into a school\ndivision or begins home instruction after the school year has begun shall notify\nthe division superintendent of his intention to provide home instruction as soon\nas practicable and shall thereafter comply with the requirements of this section\nwithin 30 days of such notice. The division superintendent shall notify the\nSuperintendent of the number of students in the school division receiving home\ninstruction.\n\nC. The parent who elects to provide home instruction shall provide the division\nsuperintendent by August 1 following the school year in which the child has\nreceived home instruction with either (i) evidence that the child has attained a\ncomposite score in or above the fourth stanine on any nationally normed\nstandardized achievement test, or an equivalent score on the ACT, SAT, or PSAT\ntest or (ii) an evaluation or assessment that the division superintendent\ndetermines to indicate that the child is achieving an adequate level of\neducational growth and progress, including (a) an evaluation letter from a\nperson licensed to teach in any state, or a person with a master’s degree\nor higher in an academic discipline, having knowledge of the child’s\nacademic progress, stating that the child is achieving an adequate level of\neducational growth and progress or (b) a report card or transcript from an\ninstitution of higher education, college distance learning program, or\nhome-education correspondence school.\n\t\t\tIn the event that evidence of progress as required in this subsection is not\nprovided by the parent, the home instruction program for that child may be\nplaced on probation for one year. Parents shall file with the division\nsuperintendent evidence of their ability to provide an adequate education for\ntheir child in compliance with subsection A and a remediation plan for the\nprobationary year that indicates their program is designed to address any\neducational deficiency. Upon acceptance of such evidence and plan by the\ndivision superintendent, the home instruction may continue for one probationary\nyear. If the remediation plan and evidence are not accepted or the required\nevidence of progress is not provided by August 1 following the probationary\nyear, home instruction shall cease and the parent shall make other arrangements\nfor the education of the child that comply with § 22.1-254. The\nrequirements of this subsection shall not apply to children who are under the\nage of six as of September 30 of the school year.\n\nD. Nothing in this section shall prohibit a pupil and his parents from obtaining\nan excuse from school attendance by reason of bona fide religious training or\nbelief pursuant to subdivision B 1 of § 22.1-254.\n\nE. Any party aggrieved by a decision of the division superintendent may appeal\nhis decision within 30 days to an independent hearing officer. The independent\nhearing officer shall be chosen from the list maintained by the Executive\nSecretary of the Supreme Court for hearing appeals of the placements of children\nwith disabilities. The costs of the hearing shall be apportioned among the\nparties by the hearing officer in a manner consistent with his findings.\n\nF. School boards shall make Advanced Placement (AP), Preliminary SAT\/National\nMerit Scholarship Qualifying Test (PSAT\/NMSQT), and PreACT examinations\navailable to students receiving home instruction pursuant to this section.\nSchool boards shall adopt written policies that specify the date by which such\nstudents shall register to participate in such examinations. School boards shall\nnotify such students and their parents of such registration deadline and the\navailability of financial assistance to low-income and needy students to take\nsuch examinations.\n\nG. No division superintendent or local school board shall disclose to the\nDepartment or any other person or entity outside of the local school division\ninformation that is provided by a parent or student to satisfy the requirements\nof this section or subdivision B 1 of § 22.1-254. However, a division\nsuperintendent or local school board may disclose, with the written consent of a\nstudent’s parent, such information to the extent provided by the\nparent’s consent. Nothing in this subsection shall prohibit a division\nsuperintendent from notifying the Superintendent of the number of students in\nthe school division receiving home instruction as required by subsection B.\n\nHISTORY: 1984, c. 436; 1986, c. 215; 1991, c. 306; 1992, c. 131; 1993, c. 992;\n1994, c. 854; 1998, c. 435; 1999, cc. 488, 552; 2005, c. 377; 2006, cc. 562,\n567, 911, 932; 2008, cc. 364, 553; 2012, cc. 547, 587; 2015, cc. 567, 590, 592;\n2016, c. 640; 2017, cc. 302, 334; 2018, c. 516; 2022, c. 355.","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}}