A Virginia homeschooled teen pursuing an early start on an English degree was nearly excluded from taking her AP exams by the local public school, despite a state law granting homeschooled students access.

HSLDA intervened on behalf of the teen and learned that officials had based their refusal on a misinterpretation of state law. Our legal team was able to quickly resolve the matter.

“Sometimes all it takes to remove a roadblock for homeschooled students is an explanation of the law,” said Jim Mason, HSLDA president. “It’s all part of our mission is to advocate quickly and decisively for families so that minor misunderstandings don’t turn into major hardships.”

Legal Conflation

Jan Riley’s daughter applied early in the fall of 2025 for access to the spring 2026 AP exams at the urban district where the family lives (name changed for privacy).

Jan expected the process to be routine. The previous school year, her daughter had encountered no difficulties while signing up for several of these exams in the same district. And for nearly a decade, Virginia law has mandated that public schools grant access to homeschooled students for AP and other college entrance tests.

When school officials refused to register Jan’s daughter, the reason they gave left her perplexed.

As Jan recalled: “They said that, because my daughter is 18, she is no longer a homeschooled student. Therefore, she can’t take the exams.”

Unraveling a mystery

At Jan’s request, HSLDA Senior Counsel Scott Woodruff contacted district officials. He learned they had confused the homeschool testing access law with Virginia’s general law regarding school attendance.

The state requires children ages 5 to 17 to attend school or be homeschooled. However, as Woodruff pointed out in a letter to the district, “nothing in the statute suggests that a parent is prohibited from homeschooling a child once the child turns 18.”

He added that excluding homeschooled students who are 18 or older from taking these exams is intrinsically unfair. The public school district, he wrote, “allows its own 18-year-old students to take AP tests, so it must do the same for 18-year-old home instruction students.”

After hearing from Woodruff, district officials quickly relented and allowed Jan’s daughter to register for the exams. Woodruff has dealt with the district several times in the past and credited this rapid resolution to the collegial relationship he’s developed with officials there.

“We have a good relationship and we respect each other,” Woodruff said. “That means we can usually solve problems with just a phone call.”

Looking to the future

Jan’s daughter is now scheduled to take six AP exams in May on subjects including English, history, and geography. She’s already been accepted into Barnard College, a private women’s liberal arts school, and she’s hoping to earn scores that qualify her for college credit.

Some universities award academic credit to students who achieve high marks on these tests, which are owned and administered by the College Board. Students who receive these credits are frequently able to graduate early and save money on college tuition.

This opportunity would have been lost if HSLDA hadn’t stepped in.

“I so appreciate HSLDA’s help,” Jan noted. “I’ve been spreading the word among our friends about how great your guys are.”