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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. An 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. Va. Op. Atty. Gen. Nov. 30, 1973, 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 AG opinion should be construed to include homeschool students. Under Va. Code §22.1-253.13:2(N), a public school can receive state funding for a homeschool student taking up to 2 classes from among the following: math, science, English, history, social science, career and technical education, fine arts, foreign language, or health education or physical education.