Virginia Code §22.1-254.1 governs home instruction. File a Notice of Intent with your school division superintendent each year by August 15, or at least 30 days before beginning instruction. The teaching parent must qualify under one of four paths: hold a baccalaureate degree; be a licensed teacher; use a curriculum or program satisfying the Virginia Standards of Learning for the relevant grade level; or provide evidence of ability to provide an adequate education. Submit annual evidence of the child's academic progress to the superintendent by August 1. No required subjects, no required daily hours. No state funding for home instruction families.
Verified June 2026 · Virginia Code §22.1-254.1 · Virginia Department of Education. Confirm current requirements at doe.virginia.gov before relying on this for legal decisions.
| Requirement | What Virginia Requires |
|---|---|
| Annual notice | Filed with school division superintendent by August 15 (or 30 days before starting) |
| Parent qualification | Baccalaureate degree; OR licensed teacher; OR approved curriculum covering Standards of Learning; OR evidence of ability to educate adequately |
| Required subjects | None specified in Virginia law |
| Daily or yearly hours | Not specified |
| Annual evidence of progress | Required; submitted to superintendent by August 1 each year |
| Evidence options | Standardized test at or above 23rd percentile (or 1 year growth); licensed teacher or evaluator assessment; completion of approved correspondence or distance course; superintendent-approved alternative |
| High school diploma | Parent-issued |
| State funding | No ESA or voucher program for home instruction families |
Virginia's Home Instruction Law
Virginia Code §22.1-254.1 gives parents the right to provide home instruction as an alternative to public school enrollment, subject to annual notice and documentation requirements. The law does not specify required subjects or minimum instructional hours. What it does require is that the teaching parent meet one of four qualification standards and that the family submit evidence of the child's academic progress to the school division superintendent each year.
Virginia's compulsory school age runs from age 5 through 18 or high school graduation. If your child turns 5 by September 30, they fall under the compulsory attendance requirement for that school year. If your child is in that age range and not enrolled in a public or private school, filing a notice of home instruction with your division superintendent satisfies the attendance requirement.
The law gives you genuine flexibility. There are no state-mandated tests your child must pass, no minimum instructional hours to log, and no list of required subjects to cover. The accountability mechanism Virginia builds into the law is the annual evidence of progress, and even that comes with four different ways to satisfy it.
Filing the Annual Notice
Each year, file a written Notice of Intent to provide home instruction with the superintendent of your school division. The deadline is August 15, or at least 30 days before you begin instruction if you start mid-year. The notice must include the name, age, and grade level of each child you plan to instruct and a statement indicating which parent qualification path you are using.
The superintendent receives the notice and records the enrollment. They do not approve or deny it. You do not need to wait for a response before you begin teaching. Keep a copy of the notice for your records.
If you move to a different school division during the year, file a new notice with the new superintendent as soon as possible. There is no grace period written into the law for mid-year moves, so prompt filing keeps your records clean and avoids any confusion with the new division's attendance office.
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How to Qualify as the Teaching Parent
Virginia gives four paths to qualify as the parent providing home instruction. You only need to meet one. Confirm which path applies before you file the initial notice so you do not have to revisit the question later.
Path 1: Baccalaureate Degree
If you hold a four-year college or university degree in any field, you qualify. The degree does not need to be in education or any subject related to what you plan to teach. This is the path most Virginia families use.
Path 2: Licensed Teacher
If you hold a current Virginia teaching license, or a current teaching license from another state, you qualify. The license must be current. A lapsed license does not satisfy this requirement. If your license has expired, contact your state licensing board about renewal before relying on this path.
Path 3: Curriculum Covering the Standards of Learning
If neither parent holds a baccalaureate degree or a current teaching license, you can qualify by using a curriculum or program of study that addresses the content of the Virginia Standards of Learning for the relevant grade levels. The Standards of Learning define what Virginia public schools teach in each subject at each grade. You do not need to prepare your child to sit for the SOL benchmark tests, but your curriculum should cover the content areas the SOL describes. Accredited correspondence schools, distance learning programs, and published curricula designed to align with the SOL satisfy this path. Many widely available homeschool curricula cover enough content to qualify under it.
Path 4: Evidence of Ability to Provide an Adequate Education
If none of the first three paths apply, Virginia law allows you to provide evidence of your ability to give your child an adequate education. This is a catchall path that gives the superintendent some discretion in evaluation. Families planning to use it should be prepared to document their background and abilities, and may want to consult with a homeschool organization or legal resource before filing the initial notice. This path is less common than the first three.
No Required Subjects or Hours
Virginia law does not list subjects the home instruction program must cover, and it does not set a minimum number of instructional hours per day or per year. You build the curriculum, set the schedule, and make all decisions about what to teach and how to teach it. The only academic accountability mechanism Virginia requires is the annual evidence of progress.
Many Virginia families structure their year around language arts, mathematics, science, and history or social studies because standardized tests and evaluator assessments tend to focus on those areas. But the law does not require it. If your family uses a different framework, such as a classical or project-based approach, Virginia law does not stop you.
Before you set your year's plan, run a reading assessment to know where your child stands. A clear baseline saves time when it comes to choosing materials and calibrating the pace.
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Annual Evidence of Progress
By August 1 each year, submit evidence of your child's academic progress to your division superintendent. This is the most substantive compliance step in Virginia's home instruction law, and it must be submitted every year. Virginia gives four options.
Plan the assessment before April. Tests take time to order, administer, and score. Licensed evaluators need to be scheduled in advance. Correspondence programs need enough time to issue grades. If you wait until July, you may not have results in hand by August 1.
Option 1: Standardized Test Results
Administer a nationally standardized test and submit the results to the superintendent. The law requires that your child score at or above the 23rd percentile on a composite score, or demonstrate at least one year's academic growth compared to the prior year's results. If your child scores below the 23rd percentile and does not show one year's growth, the superintendent may place the home instruction program on probation.
Commonly used tests include the Iowa Assessments, the Stanford Achievement Test Series, the CAT, and the Woodcock-Johnson. Virginia does not require a certified teacher to administer the test. A parent may administer it at home.
Option 2: Licensed Teacher or Evaluator Assessment
A licensed teacher or a person with a graduate degree in education evaluates your child and provides a written statement to the superintendent confirming the child is making reasonable academic progress in accordance with their ability. This option works well for families who prefer a personalized evaluation or whose children have a profile that standardized test scores do not capture well.
Option 3: Correspondence or Distance Learning Program
If your child is enrolled in an accredited correspondence school or distance learning program that issues grades, completion of the program's coursework and the grades issued serve as the evidence of progress submitted to the superintendent. The program must be accredited.
Option 4: Superintendent-Approved Alternative
You and your superintendent agree on another method of assessment. This option requires advance coordination with your division office and is the least commonly used of the four. If you want to pursue it, contact your superintendent's office early in the school year.
What Happens If Progress Is Not Demonstrated
If evidence submitted under Option 1 shows scores below the 23rd percentile without demonstrated one-year growth, or if an evaluator's assessment does not confirm reasonable progress, the superintendent places the home instruction program on probation for one year. During the probation year, you must submit a remediation plan and demonstrate compliance with it.
If, after the probation year, progress is still not demonstrated, the superintendent may require the child to enroll in a public or private school. This outcome is uncommon, but the possibility is real. It most often affects families using the standardized test route with a child who tests below grade level.
Pulling Your Child Out of a Virginia Public School
Send written notice of withdrawal to your child's school. The school updates its records. Then file your Notice of Intent with the division superintendent by the next applicable deadline or within 30 days of beginning instruction. Keep both documents: the withdrawal letter and the notice of intent.
If your child has an Individualized Education Program, mandatory special education services end at withdrawal. Virginia allows home instruction students with disabilities to access certain public school services on a voluntary basis, but the legal entitlement under the Individuals with Disabilities Education Act ends when your child leaves the public system. Talk with your division's special education office before withdrawing if your child currently receives services under an IEP.
High School, Transcripts, and Diplomas in Virginia
Virginia does not set graduation requirements for home instruction programs. You establish graduation standards, track credits through grades 9 to 12, and issue the diploma when your student meets your requirements. A parent-issued diploma and transcript from a Virginia home instruction program are accepted by Virginia colleges, employers, and licensing bodies.
Virginia public universities and the Virginia Community College System are experienced reviewing home instruction applications and transcripts. Most institutions ask for SAT or ACT scores from home-educated applicants. Some competitive Virginia schools request course syllabi or descriptions alongside the transcript. Prepare those documents in advance if your student is applying to selective programs.
Building a high school plan that holds up to college review takes more upfront work than the lower grades. The Homeschool Teacher Guide covers how to structure a full high school program, track credits, and document coursework in a form colleges can evaluate.
No State Funding for Virginia Home Instruction Families
Virginia does not have an education savings account or voucher program for families providing home instruction under §22.1-254.1. All costs for curriculum, testing, evaluation, and other educational materials are the family's responsibility.
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A Note from Homeschool Teacher Guide: What This Really Means for You
Virginia asks more than most states, and the annual evidence of progress submission is the piece that trips families up most often. August 1 comes quickly after a summer break, and the documentation needs to be in the superintendent's hands by that date, not requested or in progress. Build the assessment into your school year calendar in April or May. Test in spring, get results back with enough time to submit by August 1.
The qualification path matters most in year one. Confirm which of the four paths applies to you before you file the initial notice. If you have a four-year degree in any field, you are done with that question for good. The no-required-subjects freedom is real and worth using. Virginia leaves the curriculum entirely up to you. Use it deliberately: pick a sequence you can teach with confidence, measure progress in the spring, and submit the documentation on time. The law is manageable once you know where the actual requirements sit.
Frequently Asked Questions
What are the parent qualification options for home instruction in Virginia?
Virginia Code §22.1-254.1 gives four options: hold a baccalaureate degree in any field; hold a current teaching license; use a curriculum or program of study that addresses the Virginia Standards of Learning for the relevant grade level; or provide evidence of ability to give your child an adequate education. You only need to meet one.
When do we need to file the annual notice in Virginia?
By August 15 each year, or at least 30 days before beginning instruction if you start mid-year. The notice goes to your school division superintendent and must include each child's name, age, and grade level, along with your parent qualification path.
What evidence of progress does Virginia require?
By August 1 each year, you must submit evidence of academic progress to your division superintendent. Options include: standardized test results showing a composite score at or above the 23rd percentile or at least one year's growth; a written assessment by a licensed teacher confirming reasonable progress; completion of an accredited correspondence or distance learning program; or a superintendent-approved alternative.
What happens if our child scores below the 23rd percentile on the standardized test?
If the score is below the 23rd percentile and does not reflect at least one year's growth compared to the prior year, the superintendent may place the program on one year of probation and require a remediation plan. If progress is still not demonstrated after the probation year, the superintendent can require the child to enroll in public or private school.
Does Virginia offer any funding for home instruction families?
No. Virginia does not have an education savings account or voucher program for families providing home instruction under §22.1-254.1. All costs for curriculum, testing, evaluation, and other educational materials are the family's responsibility.
Sources
Virginia Code §22.1-254.1, Home Instruction (Virginia Legislative Information System)
Virginia Department of Education: Home Instruction
HSLDA: How to Comply with Virginia's Homeschool Law