In Virginia, parents must ensure that a child attends school in compliance with the state compulsory attendance law as specified in § 22.1-254 of the Code of Virginia when the child has reached his 5th birthday on or before September 30 of any school year and has not passed his 18th birthday. Parents who believe that a child is not mentally, physically, or emotionally prepared to attend school may inform the school board that they want to delay school attendance until the following year if the child has not reached his 6th birthday on or before September 30.

The compulsory attendance law permits a child subject to that law to attend a private or public school or receive an education through one of the other alternatives to school attendance outlined in state law unless the child falls within an exception, as designated by state law. Home instruction or home schooling is one alternative to school attendance. In Virginia “any parent, guardian, legal custodian, or other person having control or charge of a child” (§ 22.1-1 of the Va. Code) may provide home instruction as prescribed by § 22.1-254.1 of the Va. Code.

Section 22.1-262 of the Code requires a school attendance officer to refer to a juvenile and domestic relations court (with the knowledge and approval of the school superintendent) any parent who fails to comply with the compulsory attendance law. 

Note: The Virginia Department of Education is not authorized to provide legal advice or legal opinions to parents, school divisions, or others.  The information that follows is provided 
only as technical assistance or guidelines.  

Please Click Here to view the Home Instruction Handbook