This list is an opportunity for homeschoolers involved in custody issues to contact other homeschoolers for information about homeschooling attorneys and experts, as well as exchange ideas and information about handling custody disputes as a result of homeschooling.
As their ranks increase, homeschoolers are tapping public schools for curriculum, part-time classes, extracurricular services, and online learning.
List intended to distribute the Virginia Home Education Association's free biweekly updates, in order to disseminate legislative and other time sensitive information. This list is announcement only. VHEA's Legislative Reports report on legislative matters that could affect homeschooling, offering information on pending legislation.
AHSA is an informal network of attorneys and legal experts in the United States supporting homeschooling and homeschoolers by providing legal information about homeschooling issues, empowering homeschoolers to have the legal tools they need to meet homeschooling challenges, and providing a network of attorneys for legal representation. The website includes a legal directory by state.
Some veteran home educators seem to take a firm stand on principles that others don't even recognize as issues. Is it that they are just stubborn, rebellious, or cantankerous? Probably not.
Homeschoolers have been vigilant in protecting their rights, rising to the occasion when they discover threats to clamp down on their activities. Discusses some of the criticisms by opponents of homeschooling, along with the examples of some legal fights in Connecticut and Montana.
Families who homeschool based on the Religious Exemption may be interested to read a few Attorney General opinions that a school board has the right to review a family’s claim for Religious Exemption every few years or even annually. Religious beliefs, however sincere at a point in time, may change. Thus the school board’s recognition of an exemption could theoretically change as well. If so asked, the family could simply write to the school board, informing them that their status was unchanged
Find the laws pertaining to home education for all 50 states and U.S. territories.
Most books and articles on home education are quick to point out that homeschooling is legal--in one form or another-- in all fifty states. Parents might have to jump through more hoops in one state than in another, but, as long as they're willing to jump through those hoops, they are allowed to teach their own children at home. But are these hoops actually necessary?
For some years, the Social Security Administration has permitted home schoolers to receive benefits in some cases. The agency used a fuzzy test involving several different factors. New documents from the Social Security Administration indicate that the agency has a much better defined policy in place now.
The Rutherford Institute is an international legal and educational organization dedicated to preserving human rights and defending civil liberties. Deeply committed to protecting the constitutional freedoms of every American and the integral human rights of all people, The Rutherford Institute has emerged as a prominent leader in the national dialogue on civil liberties and equal rights. Parents have a constitutional right to direct and control the upbringing of their children, and laws or governmental actions that unreasonably infringe the rights of parents to raise and educate their children according to their own values are constitutionally suspect. The Rutherford Institute responds to over one thousand requests for assistance annually from parents whose rights were placed in jeopardy.
Details the importance of support alternative educational choices, including private schools and vouchers, along with homeschooling.
Families who homeschool based on the Religious Exemption may be interested to read a few Attorney General opinions that a school board has the right to review a family’s claim for Religious Exemption every few years or even annually. Religious beliefs, however sincere at a point in time, may change. Thus the school board’s recognition of an exemption could theoretically change as well. If so asked, the family could simply write to the school board, informing them that their status was unchanged
The Organization of Virginia Homeschoolers (VaHomeschoolers) has lobbied on behalf of Virginia’s diverse homeschooling community for over a decade.
The Virginia Attorney General issues an opinion on the compulsory attendance statute.
Explains how some homeschoolers have empowered themselves and effectively handled requests for tables of contents of books or other items that are beyond the legal requirement in Virginia.
Transcript of a talk given by Edwin Schuster of the Virginia Child Protective Services about the relationship between homeschoolers and CPS. The text is presented in question and answer format. Includes the rights that families have when contacted by CPS.
Families who homeschool based on the Religious Exemption may be interested to read a few Attorney General opinions that a school board has the right to review a family’s claim for Religious Exemption every few years or even annually. Religious beliefs, however sincere at a point in time, may change. Thus the school board’s recognition of an exemption could theoretically change as well. If so asked, the family could simply write to the school board, informing them that their status was unchanged
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 baccalaureate degree in any subject from an accredited institution of higher education; 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 and 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 of this section. 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 comply with the requirements of this section within thirty 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 a battery of achievement tests which have been approved by the Board of Education for use in the public schools or (ii) an evaluation or assessment which, in the judgment of the division superintendent, indicates 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 of this section 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. For purposes of this section, "parent" means the biological parent or adoptive parent, guardian or other person having control or charge of a child. 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 § 22.1-254 B 1. E. Any party aggrieved by a decision of the division superintendent may appeal his decision within thirty 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.
Virginia offers a unique option to families who have religious objections to complying with the compulsory attendance statutes: the religious exemption. Explore the history of this exemption and consider the possibility of it being under threat today.
Text of the code relating to immunization of children and exemptions from these requirements.
The Home School Legal Defense Association provides a brief summary of the homeschooling laws in Virginia. Includes a link to a legal analysis of laws relating to homeschooling in Virginia.
The Association of HomeSchool Attorneys (AHSA) provides a list of attorneys who consult with and/or represent homeschoolers.
Every important movement or trend in this country was followed by an onslaught of legislative actions which resulted in some legal stipulations that controlled the trend. What is really of concern is that this legislative control is not static, but very fluid, subject to change (meaning more restrictions in many cases). These changes occur through either more legislative actions on the part of the government or through interpretation in the judicial system. Currently, the homeschool movement is being closely monitored by various teacher unions, the public and legislative bodies throughout the United States, resulting in more and more laws being passed to control or monitor the movement. If the homeschool movement is to survive in a manner which we feel would be beneficial to us and society as a whole, we have to be more and more diligent in protecting our rights. The only way we can do this is to be more active in the political process. The question now becomes, how do we do this?
With a little support and encouragement from each other, homeschoolers can effectively respond to superintendents’ offices that overstep their bounds.
Before supporting a home education tax credit, we homeschoolers need to fully understand the legislation and its potential to benefit or harm us.
This court decision involved a dispute between Prince William County School Board and a family who homeschooled via the Religious Exemption.
Home Educators Association of Virginia is a member-supported, statewide, nonprofit homeschool association that operates from a biblical worldview. HEAV serves all homeschoolers and since 1983 has worked tirelessly to promote and protect homeschool interests in Virginia through information, legislation, and resources.
Will Shaw answers the question, "What happens if the local school division rejects the test, results of the test, or the portfolio?"
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.
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 prekindergarten program, including a Head Start program, or in a private, denominational or parochial educational prekindergarten 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 ...
Any person who has residing with him for a period of sixty days or more any child within the ages prescribed in § 22.1-254 whose parents or guardians reside in another state or the District of Columbia shall be subject to the provisions of § 22.1-254 and shall pay or cause to be paid any tuition charges for such child that may be required pursuant to § 22.1-5 or shall return such child to the home of his parents or legal guardians.
There is a national campaign to institutionalize all preschoolers through government funded and/or mandated "universal preschool." This group seeks to redefine universal preschool as an unheralded worldwide community of loving, functional parents who exercise their right and authority to nurture and teach their young children at home.
Imagine this situation: You are happily homeschooling your children. Your sister-in-law has said many times that she would love to be able to homeschool her children too, if only she and her husband didn’t have to work full-time. She wonders if perhaps you wouldn’t mind including her children in your family’s homeschooling. She would file the Notice of Intent with the local superintendent, but you would do the actual instruction in your home. You tell her you’d be happy to—the more the merrier! But—is it legal? Can you, under Virginia state law, homeschool a child who is not your own?
VaHomeschoolers is the Old Dominion's only fully inclusive, member directed, and volunteer driven state association. VaHomeschoolers is neutral in matters of religion and partisan politics.
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.
Virtual charter schools are popping up all over the country, providing free computers, textbooks and educational materials to any family who would like to enroll in their program. Jennifer James takes a hard look at how these schools are detrimental to black homeschoolers.
The education establishment has realized that the socialization issue will be seen for the red herring that it is, and has searched for other means to suppress homeschooling. Two new strategies have emerged, and these pose real threats to homeschooling. The first strategy is to argue that homeschooling needs some form of accreditation. A number of reasons have been offered: it eases the transition back to the public school for those homeschoolers who go back, it is the basis for awarding a recognized diploma, and it makes it easier to provide homeschoolers access to public school programs and facilities such as science classes, libraries, sports, etc. But accreditation is simply another word for conforming, and the desire to not conform is the fundamental reason for choosing to homeschool. Homeschoolers as a group will not be seduced nor will they be tricked by the false promises of accreditation. The second strategy for suppressing homeschooling is one that is much more likely to be successful, and it is to drastically limit homeschoolers’ access to public higher education. In this, the education establishment has discovered its only effective weapon against homeschooling.
The greatest obstacle pioneering homeschoolers faced two decades ago was daunting: in most states home education wasn't legal. This article details five of the most significant cases that have become landmark decisions in the move towards homeschooling freedoms: the DeJonge case in Michigan, the Jeffery case in Pennsylvania, the Diegel case in Ohio, the Triple E case in South Carolina, and the Calabretta case in California.
Recent news stories have highlighted several isolated cases of child abuse and presented them as indicative of problems in the homeschooling community, because they happened within families who claimed to be educating their children at home. Some of these reports have suggested that federal or state regulations requiring background checks and monitoring of homeschooling families would minimize such cases of child abuse. However, there is no need for intrusive regulation of the homeschooling community. Child abuse is a societal issue that occurs in all education settings.
The Cato Institute was founded in 1977 by Edward H. Crane. It is a non-profit public policy research foundation headquartered in Washington, D.C. The Cato Institute seeks to broaden the parameters of public policy debate to allow consideration of the traditional American principles of limited government, individual liberty, free markets and peace. Toward that goal, the Institute strives to achieve greater involvement of the intelligent, concerned lay public in questions of policy and the proper role of government.