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Special Education Provisions in Virginia

Regulations and resources for your special needs homeschool

If you are homeschooling a child with special needs, you need to follow your state’s homeschool regulations. There are no additional requirements for homeschooling children with special needs. There is also no policy which allows homeschool students to obtain special education funding.

Students who receive home instruction and students who receive their education via an approved tutor are entitled to the same access to special-education-related services as private school students. This is because Virginia regulations 8VAC20-81-150.C.1(3) and (4) include home instruction and tutoring within the definition of “private school.” Local school divisions must give home-instructed students and approved tutor students the same access to special-education-related services as private school students.

(It is illegal for any person to offer a class for students with a disability or operate a school for students with a disability without first obtaining a state license. See Virginia Code §22.1-323 and 8VAC20-671.)

Individual county school districts may offer services to homeschool students on a first-come, first-served basis if funds are available. Families should contact their local school district. Two counties that have offered these services are York County Schools and Newport News City Schools.

Note: As you decide what kind of special needs services and therapy best meet your child’s needs, we want you to know that HSLDA Compassion Curriculum Grants are available to help with diagnostic services, therapy, curriculum, or other educational materials.