Homeschooling in Virginia

Legal Framework

Virginia's home instruction statute is Code of Virginia Section 22.1-254.1. The state offers four options for qualifying to homeschool, plus a separate religious exemption pathway. Virginia is considered a moderately regulated state -- you file an annual Notice of Intent, provide a description of your curriculum, and submit annual evidence of academic progress. There are no mandated subjects, no required instructional hours (beyond what public schools require), and you have broad freedom over your approach.

Compulsory attendance in Virginia begins when a child turns five on or before September 30 of the school year and extends through age 18. However, parents may exempt a five-year-old from kindergarten for one year if they believe the child is not ready.

Four Options for Qualifying

To homeschool under Section 22.1-254.1, you must meet one of four qualification criteria:

• Option I: High School Diploma. The parent holds a high school diploma (or a higher credential). Note: a GED does not qualify under this option. This is the most commonly used path.
• Option II: Teaching Certification. The parent holds a Virginia teaching license or letter of eligibility for licensure from the Virginia Board of Education.
• Option III: Correspondence or Distance Learning. The child is enrolled in a correspondence course or distance learning program for the school year. You submit evidence of enrollment and a list of courses.
• Option IV: Alternative Evidence. You provide alternative evidence that you are able to provide an adequate education. If you have a GED or other equivalency certification, you can ask the superintendent to accept it under this option. This is a catch-all for families who do not fit neatly into Options I-III.

Step-by-Step Process

1. Submit a Notice of Intent. By August 15 of each school year, send a written notice to the superintendent of your local school division stating your intention to provide home instruction. The notice must include a description of the curriculum (a list of subjects to be studied) and evidence that you meet one of the four qualifying options.
2. Begin instruction. Virginia requires the substantial equivalent of the public school schedule, which is approximately 180 days or 990 hours of instruction.
3. Submit annual evidence of progress. By August 1 following the end of the school year, submit one of the accepted forms of evidence that your child is achieving an adequate level of educational growth.

Required Subjects

Virginia does not mandate specific subjects for home instruction students. Your Notice of Intent must include a description of the curriculum, limited to a list of subjects you plan to teach, but the state does not prescribe what those subjects must be. You have complete curricular freedom.

Record-Keeping

While there is no explicit record-keeping statute for home instruction, maintaining organized records is essential for compliance. Keep copies of your Notice of Intent, your curriculum description, annual assessment results, and any correspondence with the school division. If your child plans to attend college, thorough records and transcripts become critical.

State Funding and Financial Resources

Virginia has emerged as one of the most financially supportive states for homeschool families, with a new state tax credit and early adoption of the federal Education Freedom Tax Credit.

Alternative Schooling Tax Credit (SB1085)

Enacted for tax years 2025 through 2029, Virginia's Alternative Schooling Tax Credit is a refundable income tax credit for parents of home education or private school students:

• Base credit: Up to $5,000 per eligible student per year for qualifying expenses (instructional materials, home instruction courses, or private school tuition)
• Enhanced credit: Families with Virginia adjusted gross income at or below 300% of the federal poverty guidelines may claim an additional $2,500, for a total of up to $7,500 per student
• Limited to one credit per eligible student per year
• Total aggregate credit cap of $25 million annually, allocated on a first-come basis

This is a significant benefit. A refundable credit means you receive the money even if you owe no state income tax.

Federal Education Freedom Tax Credit

In December 2025, Virginia became the first state to formally opt in to the federal Education Freedom Tax Credit. Beginning January 1, 2027, taxpayers can contribute to approved Scholarship Granting Organizations (SGOs) and receive a federal tax credit of up to $1,700. SGOs will distribute scholarships to K-12 students, including homeschoolers, for expenses like tutoring, technology, curriculum, and transportation.

Federal 529 Plan Expansion (2026)

Starting in 2026, families can withdraw up to $20,000 per student per year tax-free from 529 accounts for K-12 expenses, including homeschool curriculum, test fees, tutoring, and educational therapies. Verify Virginia's conformity with expanded federal definitions before claiming state tax benefits.

Virginia529 (Invest529)

Virginia's own 529 plan, Invest529, offers state tax deductions for contributions. Combined with the expanded federal withdrawal limits, this can be a powerful savings tool for homeschool families planning ahead.