VIRGINIA

Religious Exemptions Granted

According to Virginia law, families who have a religious conviction against sending their children to public schools may choose to home school under the religious exemption statute. Families who elect to use the religious exemption must be conscientiously opposed to attendance at school by reason of their bona fide religious training or belief.

Many families who apply for the religious exemption are finding that their beliefs must be approved by their local school board. Some school districts have chosen to abuse the intent of the law and have refused to recognize a family’s religious exemption.

Recently Attorney Chris Klicka wrote letters on behalf of the following families who were subsequently granted religious exemptions: the White family of South Hampton, the Raynor family of Chesterfield County, the Telling family of Floyd County, the Connor family of Shenandoah County, the Henry family in Franklin County, and the Bunn family in Suffolk County. These were the first religious exemptions ever granted in South Hampton and Floyd counties. In addition, the following HSLDA families received religious exemptions without a hearing before their local school boards: the Murphy and Clark families of Fairfax County, the Borden family from Virginia Beach City, and the Brooks family of Amherst County.

We thank God for honoring these families’ convictions and obedience by enabling them to receive religious exemptions and teach their children at home without state interference.

The Downing Case

Not all families have been granted their requests for religious exemptions. Fairfax County denied Ron and Cheryl Downing’s religious exemption for their oldest child based on their refusal to allow a school psychologist or the school board to interview their daughter regarding her personal religious beliefs.

A hearing was held on June 19, 1992, for the Downing family before the Fairfax County Circuit Court. At the hearing Home School Legal Defense Association argued that the Downings’ sixteen-year-old child does not need to be interviewed by the school district in order for a religious exemption to be granted.

Please pray that the judge will rule in favor of the parents and agree with our position that the religious training of children by the parents is enough evidence to grant a religious exemption.

Certified Parents

Under the present Virginia Code, home school parents who are certified teachers can be exempt from all testing and monitoring requirements. If a certified parent merely notifies the school district of their certification status, provides a copy of the certificate, and states he/she is operating under the “tutor option” in section 22.1-254 of the Virginia Code, the family is exempt from all other requirements.

Unfortunately, some school districts still try to force such families to comply with the home school law as well. This year HSLDA’s legal staff has successfully convinced several school officials that certified home schoolers are exempt from all the home school requirements. In the most recent response, the Albemarle County School District wrote to HSLDA stating, “The school board attorney agrees with your explanation of the tutor option in section 22.1-254 of the Code of Virginia.”