J. Michael Smith, Esq.
Michael P. Farris, Esq.
Public School Access for Homeschoolers—A Legal Summary
A school board has the option of allowing homeschool students to take classes. A 1973 attorney general opinion says that “there is no law which prohibits a school board from accepting” a private school student who wants to take an individual class at a public school. 1973 Va. Op. Att’y Gen. (Nov. 30, 1973) (addressed to the Hon. Donald Pendleton). An informal letter from Assistant Attorney General Joan Murphy dated October 6, 1995, indicates that the reference to “private school student” in the Attorney General’s opinion should be construed to include homeschool students.
Under Code of Virginia Annotated §22.1-253.13:2(N), a public school can receive state funding for a homeschool student taking no more than two of the following classes: math, science, English, history, social science, career and technical education, fine arts, foreign language, health education, or physical education.
For more information on public school access, see HSLDA’s Issues Library and HSLDA’s State Laws Concerning Participation of Homeschool Students in Public School Activities.
Updated July 14, 2017