The Organization of Virginia Homeschoolers
VaHomeschoolers.org
Your Resource. Your Voice. Your Association.
The Organization of Virginia Homeschoolers
VaHomeschoolers.org
Your Resource. Your Voice. Your Association.
The Code of Virginia says that a parent may "have such child taught by a tutor or teacher of qualifications prescribed by the Board of Education and approved by the division superintendent" as one means of complying with the Compulsory Attendance Code.
Once a family has successfully filed under the approved tutor provision, the tutor/parent is responsible for determining curriculum and assessment as needed. The family is not required by law to file an annual notice of intent or submit testing/evaluation results to the local school division.
Yes. In Prince William Co. School Board v. Charles Berlin (1993), a Prince William County Circuit Court judge ruled that homeschool parents can use the tutor provision to teach their own children. Thanks to The Organization of Virginia Homeschoolers, this was affirmed later in a July 1994 Virginia Department of Education State Superintendent's Memo.
To qualify as an "approved tutor or teacher of qualifications", a parent must have a valid Virginia teacher's license. To file under this option, write to the local school division superintendent, saying that you are filing under the approved tutor provision of §22.1-254, quote from the law, and attach a copy of your license. To avoid confusion, it is recommended that you do not mention "homeschooling" in your letter, as the approved tutor provision is a way of satisfying the Compulsory Attendance Statute and is not officially considered homeschooling under the law.
Parents with valid teacher's licenses from another state may receive a Virginia teacher's license through the Virginia Department of Education.
To renew your Virginia teacher's license, contact the Virginia Department of Education.
Once the division superintendent approves a family's approved tutor provision status, the tutor/parent is responsible for keeping his or her teacher's license current, and for sending recertification paperwork to the school division as needed. If the parent's teacher's license expires and is not renewed, then the parent needs to choose another way of complying with the compulsory attendance law.
Parents with valid teacher's licenses also have the option of filing under Option (ii) of the home instruction statute §22.1-254.1. Parents who file under the home instruction statute are required by law to submit annual notices of intent and testing/evaluation results to the local school division.
Under §22.1-254, parents may hire a "tutor or teacher of qualifications" to be the primary education provider for their child.
Possible sources for full-time and part-time certified tutors include the "tutors" section of the local Yellow Pages, the local school division, local colleges and universities, the classified section of local newspapers, employment agencies, and local homeschooling support groups. We strongly recommend that you check references, background, certification, and employment history before hiring a tutor for this purpose.
Yes. Using the approved tutor provision does not exempt children from the state vaccination law.
Virginia law on part-time enrollment does not mention children educated under the approved tutor provision. School divisions will not receive reimbursement for part-time students who file under the approved tutor provision. For this reason, some school divisions may not allow students filing under this option to enroll part-time.
This information is provided as a courtesy of VaHomeschoolers. It is not intended as legal advice. For legal advice, contact a licensed attorney. VaHomeschoolers does not endorse any business or organization.
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