Virginia

 

 

Virginia Dept of Education Homeschooling

Home Instruction

 

 

Compulsory Attendance and Home Instruction Related Statutes

(Excerpted from the Code of Virginia, 1950, as amended)

§ 22.1-254. Compulsory attendance required; excuses and waivers; alternative

education program attendance; exemptions from article.

A. Except as otherwise provided in this article, every parent, guardian, or other person in the

Commonwealth having control or charge 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 shall, during the period of each year the public schools are in session and for the

same number of days and hours per day as the public schools, send such child to a public

school or to a private, denominational, or parochial school or have such child taught by a

tutor or teacher of qualifications prescribed by the Board of Education and approved by the

division superintendent, or provide for home instruction of such child as described in § 22.1-

254.1.

As prescribed in the regulations of the Board of Education, the requirements of this section

may also be satisfied by sending a child to an alternative program of study or work/study

offered by a public, private, denominational, or parochial school or by a public or private

degree-granting institution of higher education. Further, in the case of any five-year-old child

who is subject to the provisions of this subsection, the requirements of this section may be

alternatively satisfied by sending the child to any public educational pre-kindergarten

program, including a Head Start program, or in a private, denominational, or parochial

educational pre-kindergarten program.

Instruction in the home of a child or children by the parent, guardian, or other person having

control or charge of such child or children shall not be classified or defined as a private,

denominational or parochial school.

The requirements of this section shall apply to (i) any child in the custody of the Department

of Juvenile Justice or the Department of Corrections who has not passed his eighteenth

birthday and (ii) any child whom the division superintendent has required to take a special

program of prevention, intervention, or remediation as provided in subsection C of § 22.1-

253.13:1 and in § 22.1-254.01. The requirements of this section shall not apply to (a) any

person 16 through 18 years of age who is housed in an adult correctional facility when such

person is actively pursuing a general educational development (GED) certificate but is not

enrolled in an individual student alternative education plan pursuant to subsection D, and (b)

any child who has obtained a high school diploma or its equivalent, a certificate of

completion, or a GED certificate, or who has otherwise complied with compulsory school

attendance requirements as set forth in this article.

B. 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. For purposes of this subdivision, "bona

fide religious training or belief" does not include essentially political, sociological or

philosophical views or a merely personal moral code; and

2. On the recommendation of the juvenile and domestic relations district court of the county

or city in which the pupil resides and for such period of time as the court deems appropriate,

any pupil who, together with his parents, is opposed to attendance at a school by reason of

concern for such pupil's health, as verified by competent medical evidence, or by reason of

such pupil's reasonable apprehension for personal safety when such concern or

apprehension in that pupil's specific case is determined by the court, upon consideration of

the recommendation of the principal and division superintendent, to be justified.

C. A school board may excuse from attendance at school:

1. On recommendation of the principal and the division superintendent and with the written

consent of the parent or guardian, any pupil who the school board determines, in accordance

with regulations of the Board of Education, cannot benefit from education at such school; or

2. On recommendation of the juvenile and domestic relations district court of the county or

city in which the pupil resides, any pupil who, in the judgment of such court, cannot benefit

from education at such school.

D. Local school boards may allow the requirements of subsection A of this section to be met

under the following conditions:

For a student who is at least 16 years of age, there shall be a meeting of the student, the

student's parents, and the principal or his designee of the school in which the student is

enrolled in which an individual student alternative education plan shall be developed in

conformity with guidelines prescribed by the Board, which plan must include:

a. Career guidance counseling;

b. Mandatory enrollment and attendance in a general educational development preparatory

program or other alternative education program approved by the local school board with

attendance requirements that provide for reporting of student attendance by the chief

administrator of such GED preparatory program or approved alternative education program to

such principal or his designee;

c. Counseling on the economic impact of failing to complete high school; and

d. Procedures for reenrollment to comply with the requirements of subsection A of this

section.

A student for whom an individual student alternative education plan has been granted

pursuant to this subsection and who fails to comply with the conditions of such plan shall be

in violation of the compulsory school attendance law, and the division superintendent or

attendance officer of the school division in which such student was last enrolled shall seek

immediate compliance with the compulsory school attendance law as set forth in this article.

Students enrolled with an individual student alternative education plan shall be counted in the

average daily membership of the school division.

E. A school board may, in accordance with the procedures set forth in Article 3 (§ 22.1-

276.01 et seq.) of Chapter 14 of this title and upon a finding that a school-age child has been

(i) charged with an offense relating to the Commonwealth's laws, or with a violation of school

board policies, on weapons, alcohol or drugs, or intentional injury to another person; (ii) found

guilty or not innocent of a crime that resulted in or could have resulted in injury to others, or of

an offense that is required to be disclosed to the superintendent of the school division

pursuant to subsection G of § 16.1-260; (iii) suspended pursuant to § 22.1-277.05; or (iv)

expelled from school attendance pursuant to § 22.1-277.06 or § 22.1-277.07 or subsection B

of § 22.1-277, require the child to attend an alternative education program as provided in §

22.1-209.1:2 or § 22.1-277.2:1.

F. Whenever a court orders any pupil into an alternative education program, including a

program of general educational development, offered in the public schools, the local school

board of the school division in which the program is offered shall determine the appropriate

alternative education placement of the pupil, regardless of whether the pupil attends the

public schools it supervises or resides within its school division.

The juvenile and domestic relations district court of the county or city in which a pupil resides

or in which charges are pending against a pupil, or any court in which charges are pending

against a pupil, may require the pupil who has been charged with (i) a crime that resulted in

or could have resulted in injury to others, (ii) a violation of Article 1 (§ 18.2-77 et seq.) of

Chapter 5 of Title 18.2, or (iii) any offense related to possession or distribution of any

Schedule I, II, or III controlled substances to attend an alternative education program,

including, but not limited to, night school, adult education, or any other education program

designed to offer instruction to students for whom the regular program of instruction may be

inappropriate.

This subsection shall not be construed to limit the authority of school boards to expel,

suspend, or exclude students, as provided in §§ 22.1-277.04, 22.1-277.05, 22.1-277.06,

22.1-277.07, and 22.1-277.2. As used in this subsection, the term "charged" means that a

petition or warrant has been filed or is pending against a pupil.

G. Within one calendar month of the opening of school, each school board shall send to the

parents or guardian of each student enrolled in the division a copy of the compulsory school

attendance law and the enforcement procedures and policies established by the school

board.

H. The provisions of this article shall not apply to:

1. Children suffering from contagious or infectious diseases while suffering from such

diseases;

2. Children whose immunizations against communicable diseases have not been completed

as provided in § 22.1-271.2;

3. Children under 10 years of age who live more than two miles from a public school unless

public transportation is provided within one mile of the place where such children live;

4. Children between the ages of 10 and 17, inclusive, who live more than 2.5 miles from a

public school unless public transportation is provided within 1.5 miles of the place where such

children live; and

5. Children excused pursuant to subsections B and C of this section.

Further, any child who will not have reached his sixth birthday on or before September 30 of

each school year whose parent or guardian notifies the appropriate school board that he

does not wish the child to attend school until the following year because the child, in the

opinion of the parent or guardian, is not mentally, physically, or emotionally prepared to

attend school, may delay the child's attendance for one year.

The distances specified in subdivisions 3 and 4 of this subsection shall be measured or

determined from the child's residence to the entrance to the school grounds or to the school

bus stop nearest the entrance to the residence of such children by the nearest practical

routes which are usable for walking or riding. Disease shall be established by the certificate

of a reputable practicing physician in accordance with regulations adopted by the Board of

Education.

(Code 1950, § 22-275.1; 1952, c. 279; 1959, Ex. Sess., c. 72; 1968, c. 178; 1974, c. 199; 1976, cc. 681, 713;

1978, c. 518; 1980, c. 559; 1984, c. 436; 1989, c. 515; 1990, c. 797; 1991, c. 295; 1993, c. 903; 1996, cc. 163,

916, 964; 1997, c. 828; 1999, cc. 488, 552; 2000, c. 184; 2001, cc. 688, 820; 2003, c. 119; 2004, c. 251; 2006,

c. 335.)

 

§ 22.1-254.1. Declaration of policy; requirements for home instruction of children.

A. 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;

or (ii) is a teacher of qualifications prescribed by the Board of Education; or (iii) has enrolled

the child or children in a correspondence course approved by the Superintendent of Public

Instruction; or (iv) provides a program of study or curriculum which, in the judgment of the

division superintendent, includes the standards of learning objectives adopted by the Board

of Education for language arts and mathematics or provides evidence that the parent is able

to provide an adequate education for the child.

B. 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 to be followed for the coming year and evidence

of having met one of the criteria for providing home instruction as required by subsection A.

Effective July 1, 2000, 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 Public Instruction of the number of students in the school

division receiving home instruction.

C. 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 (ii) an

evaluation or assessment which the division superintendent determines to indicate that the

child is achieving an adequate level of educational growth and progress.

In 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 which 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 which comply with § 22.1-254. The requirements

of subsection C shall not apply to children who are under the age of six as of September 30

of the school year.

D. 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.

E. 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.

F. School boards shall implement a plan to notify students receiving home instruction

pursuant to this section and their parents of the availability of Advanced Placement (AP) and

Preliminary Scholastic Aptitude Test (PSAT) examinations and the availability of financial

assistance to low-income and needy students to take these examinations. School boards

shall implement a plan to make these examinations available to students receiving home

instruction.

(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.)

 

§ 22.1-254.2. Testing for general educational development; eligibility; guidelines.

A. The Board of Education shall establish a program of testing for general educational

development (GED) through which persons may earn a high school equivalency certificate or

a diploma as provided in subsection F of § 22.1-253.13:4. The following persons may

participate in the testing program:

1. Persons who are at least 18 years of age and not enrolled in public school or not otherwise

meeting the school attendance requirements set forth in § 22.1-254;

2. Persons 16 years of age or older who have been instructed by their parents in their home

pursuant to § 22.1-254.1 and who have completed such home school instruction;

3. Persons who have been excused from school attendance pursuant to subsections B and C

of § 22.1-254;

4. Persons for whom an individual student alternative education plan has been granted

pursuant to subsection D of § 22.1-254;

5. Persons 16 through 18 years of age who are housed in adult correctional facilities and who

are actively pursuing a GED certificate but who are not enrolled in an individual student

alternative education plan pursuant to subsection D of § 22.1-254;

6. Persons 16 years of age or older who have been expelled from school pursuant to §§ 22.1-

277.06 through 22.1-277.08; and

7. Persons required by court order to participate in the testing program.

Under no circumstances shall persons under the age of 16 be eligible for the testing program.

B. From such funds as may be appropriated for this purpose, local school boards shall

implement programs of preparation and testing for general educational development

consistent with guidelines to be developed by the Board of Education. Such guidelines shall

include a provision that allows preparatory and testing programs to be offered jointly by two

or more school boards.

(1989, c. 225; 1997, c. 458; 1999, cc. 488, 552; 2003, c. 688; 2004, cc. 251, 939, 955; 2006, c. 335.)

 

§ 22.1-263. Violation constitutes misdemeanor.

Any person violating the provisions of either § 22.1-254, except for clause (ii) of subsection A,

§§ 22.1-255, 22.1-258, 22.1-267, or the parental responsibility provisions relating to

compulsory school attendance included in § 22.1-279.3, shall be guilty of a Class 3

misdemeanor. Upon a finding that a person knowingly and willfully violated any provision of §

22.1-254, except for clause (ii) of subsection A, or any provision of §§ 22.1-255, 22.1-258, or

§ 22.1-267 and that such person has been convicted previously of a violation of any provision

of § 22.1-254, except for clause (ii) of subsection A, or any provision of §§ 22.1-255, 22.1-258

or § 22.1-267, such person shall be guilty of a Class 2 misdemeanor.

(Code 1950, § 22-275.5; 1959, Ex. Sess., c. 72; 1976, c. 283; 1980, c. 559; 1990, c. 797; 1991, c. 295; 1996,

cc. 891, 964; 1999, cc. 488, 526, 552; 2004, c. 573.)

 

§ 22.1-271.4. Health requirements for home-instructed, exempted, and excused

children.

In addition to compliance with the requirements of subsection B, C, or H of § 22.1-254 or §

22.1-254.1, any parent, guardian or other person having control or charge of a child being

home instructed, exempted or excused from school attendance shall comply with the

immunization requirements provided in § 32.1-46 in the same manner and to the same extent

as if the child has been enrolled in and is attending school.

Upon request by the division superintendent, the parent shall submit to such division

superintendent documentary proof of immunization in compliance with § 32.1-46.

No proof of immunization shall be required of any child upon submission of (i) an affidavit to

the division superintendent stating that the administration of immunizing agents conflicts with

the parent's or guardian's religious tenets or practices or (ii) a written certification from a

licensed physician that one or more of the required immunizations may be detrimental to the

child's health, indicating the specific nature of the medical condition or circumstance that

contraindicates immunization.

(1993, c. 659; 1999, cc. 488, 552.)

 

§ 32.1-46. Immunization of patients against certain diseases.

A. (Contingent on 2006 General Appropriation Act) The parent, guardian or person standing

in loco parentis of each child within this Commonwealth shall cause such child to be

immunized by vaccine against diphtheria, tetanus, whooping cough and poliomyelitis before

such child attains the age of one year, against Haemophilus influenzae type b before he

attains the age of 30 months, and against measles (rubeola), German measles (rubella) and

mumps before such child attains the age of two years. All children born on or after January 1,

1994, shall be required to receive immunization against hepatitis B before their first birthday.

All children shall also be required to receive a second dose of measles (rubeola) vaccine in

accordance with the regulations of the Board. The Board's regulations shall require that all

children receive a second dose of measles (rubeola) vaccine prior to first entering

kindergarten or first grade and that all children who have not yet received a second dose of

measles (rubeola) vaccine receive such second dose prior to entering the sixth grade. All

children born on or after January 1, 1997, shall be required to receive immunization against

varicella zoster (chicken pox), not earlier than the age of 12 months. Children who have

evidence of immunity as demonstrated by laboratory confirmation of immunity or a reliable

medical history of disease are exempt from such requirement. After July 1, 2001, all children

who have not yet received immunization against hepatitis B shall receive such immunization

prior to entering sixth grade.

The parent, guardian or person standing in loco parentis may have such child immunized by

a physician or registered nurse or may present the child to the appropriate local health

department, which shall administer the required vaccines without charge.

A. (Contingent on 2006 General Appropriation Act) The parent, guardian or person standing

in loco parentis of each child within this Commonwealth shall cause such child to be

immunized by vaccine against diphtheria, tetanus, whooping cough and poliomyelitis before

such child attains the age of one year, against Haemophilus influenzae type b before he

attains the age of 30 months, and against measles (rubeola), German measles (rubella) and

mumps before such child attains the age of two years. All children born on or after January 1,

1994, shall be required to receive immunization against hepatitis B before their first birthday.

All children shall also be required to receive a second dose of measles (rubeola) and a

booster dose of tetanus toxoid, reduced diphtheria toxoid, and acellular pertussis (Tdap)

vaccine in accordance with the regulations of the Board. The Board's regulations shall require

that all children receive a second dose of measles (rubeola) vaccine prior to first entering

kindergarten or first grade and that all children who have not yet received a second dose of

measles (rubeola) vaccine receive such second dose prior to entering the sixth grade.

Further, the Board's regulations shall require that all children receive a booster dose of Tdap

vaccine prior to entering the sixth grade if at least five years have elapsed since the last dose

of tetanus toxoid-containing vaccine. All children born on or after January 1, 1997, shall be

required to receive immunization against varicella zoster (chicken pox), not earlier than the

age of 12 months. Children who have evidence of immunity as demonstrated by laboratory

confirmation of immunity or a reliable medical history of disease are exempt from such

requirement. After July 1, 2001, all children who have not yet received immunization against

hepatitis B shall receive such immunization prior to entering sixth grade.

The parent, guardian or person standing in loco parentis may have such child immunized by

a physician or registered nurse or may present the child to the appropriate local health

department, which shall administer the required vaccines without charge.

A. (Contingent on 2006 General Appropriation Act) The parent, guardian or person standing

in loco parentis of each child within this Commonwealth shall cause such child to be

immunized in accordance with the Immunization Schedule developed and published by the

Centers for Disease Control and Prevention (CDC), Advisory Committee on Immunization

Practices (ACIP), the American Academy of Pediatrics (AAP), and the American Academy of

Family Physicians (AAFP). The required immunizations for attendance at a public or private

elementary, middle or secondary school, child care center, nursery school, family day care

home or developmental center shall be those set forth in the State Board of Health

Regulations for the Immunization of School Children. The Board's regulations shall at a

minimum require:

1. A minimum of three properly spaced doses of hepatitis B vaccine (HepB).

2. A minimum of three or more properly spaced doses of diphtheria toxoid. One dose shall be

administered on or after the fourth birthday. A booster dose shall be administered prior to

entering the sixth grade if at least five years have passed since the last dose of diphtheria

toxoid.

3. A minimum of three or more properly spaced doses of tetanus toxoid. One dose shall be

administered on or after the fourth birthday. A booster dose shall be administered prior to

entering the sixth grade if at least five years have passed since the last dose of tetanus

toxoid.

4. A minimum of three or more properly spaced doses of acellular pertussis vaccine. One

dose shall be administered on or after the fourth birthday. A booster dose shall be

administered prior to entry into the sixth grade if at least five years have passed since the last

dose of pertussis vaccine.

5. Two or three primary doses of Haemophilus influenzae type b (Hib) vaccine, depending on

the manufacturer, for children up to 60 months of age.

6. Two properly spaced doses of live attenuated measles (rubeola) vaccine. The first dose

shall be administered at age 12 months or older.

7. One dose of live attenuated rubella vaccine shall be administered at age 12 months or

older.

8. One dose of live attenuated mumps vaccine shall be administered at age 12 months or

older.

9. All susceptible children born on and after January 1, 1997, shall be required to have one

dose of varicella vaccine on or after 12 months.

10. Three or more properly spaced doses of oral polio vaccine (OPV) or inactivated polio

vaccine (IPV). One dose shall be administered on or after the fourth birthday. A fourth dose

shall be required if the three dose primary series consisted of a combination of OPV and IPV.

11. Two to four doses, dependent on age at first dose, of properly spaced pneumococcal 7-

valent conjugate (PVC) vaccine for children less than two years of age.

The parent, guardian or person standing in loco parentis may have such child immunized by

a physician or registered nurse or may present the child to the appropriate local health

department, which shall administer the vaccines required by the State Board of Health

Regulations for the Immunization of School Children without charge.

B. A physician, registered nurse or local health department administering a vaccine required

by this section shall provide to the person who presents the child for immunizations a

certificate that shall state the diseases for which the child has been immunized, the numbers

of doses given, the dates when administered and any further immunizations indicated.

C. The vaccines required by this section shall meet the standards prescribed in, and be

administered in accordance with, regulations of the Board.

D. The provisions of this section shall not apply if:

1. The parent or guardian of the child objects thereto on the grounds that the administration

of immunizing agents conflicts with his religious tenets or practices, unless an emergency or

epidemic of disease has been declared by the Board, or

2. The parent or guardian presents a statement from a physician licensed to practice

medicine in Virginia, or a licensed nurse practitioner, that states that the physical condition of

the child is such that the administration of one or more of the required immunizing agents

would be detrimental to the health of the child.

 

E. For the purpose of protecting the public health by ensuring that each child receives ageappropriate

immunizations, any physician, physician assistant, nurse practitioner, licensed

institutional health care provider, local or district health department, the Virginia Immunization

Information System, and the Department of Health may share immunization and patient

locator information without parental authorization, including, but not limited to, the month,

day, and year of each administered immunization; the patient's name, address, telephone

number, birth date, and social security number; and the parents' names. The immunization

information; the patient's name, address, telephone number, birth date, and social security

number; and the parents' names shall be confidential and shall only be shared for the

purposes set out in this subsection.

 

F. (Contingent on 2006 General Appropriation Act) The State Board of Health shall review

this section annually and make recommendations for revision by September 1 to the

Governor, the General Assembly, and the Joint Commission on Health Care.

(Code 1950, § 32-57.1; 1968, c. 592; 1972, c. 558; 1979, c. 711; 1980, c. 410; 1989, c. 382; 1991, c. 133; 1992,

cc. 127, 166; 1994, c. 62; 1995, cc. 729, 742; 1996, cc. 67, 533; 1999, cc. 632, 676, 738; 2000, c. 476; 2004, c.

855; 2005, cc. 643, 684; 2006, cc. 364, 396, 716.)