Virginia’s school laws set out the rules that govern your child’s education from age five through eighteen, covering attendance, discipline, special education, records privacy, immunizations, and bullying. Each area comes with its own deadlines and procedures, and knowing them gives you specific footing when a school situation turns difficult.
When Your Child Must Attend School
Virginia Code 22.1-254 requires every parent or guardian to make sure their child attends school from age five (if the child turns five by September 30 of that school year) through age eighteen.1Virginia Code Commission. Virginia Code 22.1-254 – Compulsory Attendance Required; Excuses and Waivers Public school, private school, or home instruction all satisfy the requirement. Exemptions exist for children whose parents hold bona fide religious objections and for children whose documented health concerns lead a juvenile court to excuse attendance.
Absences trigger a specific escalation under Virginia Code 22.1-258. After five total absences without parental awareness, the school must contact you directly, explain what happens if absences continue, and work with you on a written attendance plan. If the child misses more days after that contact, a conference must be scheduled no later than ten school days after the tenth absence.2Virginia Code Commission. Virginia Code Title 22.1 Chapter 14 Article 1 – Compulsory School Attendance The conference can include attendance officers and community service providers. If a parent refuses to cooperate, or the student resists parental efforts, the attendance officer can file a complaint in juvenile court or initiate proceedings against the parent.
Home Instruction
If you teach your child at home, Virginia Code 22.1-254.1 applies. You must meet one of four qualifications: hold a high school diploma, be a licensed teacher, provide a structured program of study, or demonstrate the ability to provide an adequate education. By August 15 each year, notify the local division superintendent in writing and include a description of the subjects your child will study.3Virginia Code Commission. Virginia Code 22.1-254.1 – Declaration of Policy; Requirements for Home Instruction
By August 1 after each year of home instruction, submit evidence of academic progress: either a composite score at or above the fourth stanine on a nationally normed standardized test (or an equivalent SAT, ACT, or PSAT score), or an evaluation from a licensed teacher or master’s-level professional confirming adequate growth.3Virginia Code Commission. Virginia Code 22.1-254.1 – Declaration of Policy; Requirements for Home Instruction If you don’t provide evidence, the home instruction program may be placed on probation, and the child could be required to attend school the following year.
Suspension and Expulsion
Virginia sets three tiers of discipline, each with its own procedure. Schools must publish written conduct policies, and the protections that apply once a suspension or expulsion is on the table are worth understanding before a hearing happens.
Short-Term Suspensions
A principal, assistant principal, or, in their absence, a teacher can suspend a student for up to ten school days. Before the suspension, the official must give the student notice of the charges and, if the student denies them, an explanation of the facts and a chance to respond. If the student’s presence poses an immediate danger, removal can happen first, with notice and a chance to respond following as soon as practicable.4Virginia Code Commission. Virginia Code 22.1-277.04 – Short-Term Suspension; Procedures Parents must receive written notice of the suspension’s length, information about alternative education options, and confirmation of the student’s right to return when it ends.
Long-Term Suspensions
Long-term suspensions run from 11 to 45 school days. A student facing one must receive written notice of the proposed action and the reasons for it, along with the right to a hearing before the school board, a committee of the board, or the superintendent.5Virginia Code Commission. Code of Virginia 22.1-277.05 – Long-Term Suspensions; Procedures; Readmission
Expulsions
Expulsion removes the student from school entirely. You and the student must receive written notice of the proposed expulsion and the right to a hearing before the school board or a committee of at least three board members. If the committee’s decision is not unanimous, the family can appeal to the full school board, which must decide within 30 days. An expelled student may petition for readmission to take effect one calendar year from the expulsion date.6Virginia Code Commission. Virginia Code 22.1-277.06 – Expulsions; Procedures; Readmission
Two categories of conduct carry a presumption of expulsion. Under Virginia Code 22.1-277.07, a school board must expel any student found to have possessed a firearm on school property or at a school-sponsored activity for at least one year.7Virginia Code Commission. Virginia Code 22.1-277.07 – Expulsion of Students Under Certain Circumstances Under Virginia Code 22.1-277.08, the same applies to bringing controlled substances or marijuana onto school grounds.8Virginia Code Commission. Virginia Code 22.1-277.08 – Expulsion of Students for Certain Drug Offenses Both statutes explicitly allow administrators or the board to decide that special circumstances warrant a different outcome. Expulsion is not automatic.
Discipline When Your Child Has an IEP or 504 Plan
Federal law adds protection here. Under the Individuals with Disabilities Education Act, if a school proposes to change a disabled student’s placement because of a conduct violation, the school must hold a manifestation determination review within ten school days of that decision. The review team, which includes the parent and relevant IEP team members, must decide whether the behavior was caused by or had a direct and substantial relationship to the child’s disability, or resulted from the school’s failure to follow the IEP.9U.S. Department of Education. IDEA Section 1415(k)(1) – Placement in Alternative Educational Setting If the answer to either question is yes, the student generally must be returned to the original placement rather than suspended or expelled.
Special Education Rights
Every Virginia school division must provide a free appropriate public education to children with disabilities living in its jurisdiction, ages two through twenty-one. Virginia Code 22.1-213 lists eligible conditions, including intellectual disability, serious emotional disturbance, physical disabilities, speech impairment, hearing or vision loss, autism spectrum disorder, and specific learning disabilities, when the child needs special education because of the impairment.10Virginia Code Commission. Virginia Code Title 22.1 Chapter 13 Article 2 – Special Education The Virginia Department of Education oversees compliance with state law and IDEA.11Virginia Department of Education. Individuals with Disabilities Education Act
Once eligibility is established, an IEP team that includes both parents and school staff develops an individualized education program laying out goals, accommodations, and specialized instruction. Schools must reevaluate each child at least once every three years, unless the parent and school agree in writing that reevaluation is unnecessary.12Virginia Code Commission. 8VAC20-81-70 – Evaluation and Reevaluation Parents or teachers can request an earlier reevaluation if the child’s needs appear to have changed, though the school is not required to reevaluate more than once a year.
If you think the school is not meeting your child’s needs, Virginia offers two formal dispute paths. Mediation is voluntary and confidential; anything said during the process cannot be used as evidence in a later hearing or court case.13Legal Information Institute. 8 Va. Admin. Code 20-81-190 – Mediation You can also request a due process hearing. Some families hire professional special education advocates to help with IEP meetings and disputes. Advocates are not attorneys, and their fees typically range from $100 to $300 per hour depending on location and certification.
Section 504 Plans
Not every student with a disability qualifies for an IEP. Section 504 of the Rehabilitation Act uses a broader definition of disability and covers students whose conditions substantially limit a major life activity but who may not need the specialized instruction IDEA requires. A student with ADHD who performs at grade level but needs extended test time, for example, might qualify for a 504 plan even without meeting IDEA eligibility. Every student with an IEP is protected under Section 504, but the reverse is not true.
A 504 plan is typically less detailed than an IEP and focuses on accommodations rather than specialized instruction. If a school fails to follow it, you can file a complaint with the U.S. Department of Education’s Office for Civil Rights, which enforces Section 504 in schools that receive federal funding. Complaints generally must be filed within 180 days of the alleged discrimination.14HHS.gov. Section 504 of the Rehabilitation Act of 1973
Your Rights and Duties as a Parent
Virginia Code 1-240.1 recognizes a parent’s fundamental right to make decisions about the upbringing, education, and care of their child.15Virginia Code Commission. Virginia Code 1-240.1 – Rights of Parents In practical terms, you can choose public, private, or home instruction, access your child’s educational records, and participate in decisions affecting their education.
Duties come with those rights. Virginia Code 22.1-279.3 requires each school board to send parents a copy of the student conduct standards and the compulsory attendance law within one month of the school year’s start. You must sign and return a statement acknowledging receipt. Signing does not waive any constitutional rights, and you can express disagreement with a policy while still complying.16Virginia Code Commission. Virginia Code 22.1-279.3 – Parental Responsibility and Involvement Requirements
If a parent willfully and unreasonably refuses to meet with school officials about a child’s behavior or attendance, the school board can petition the juvenile court. The court can order the parent to attend meetings, participate in counseling or intervention programs, or pay a civil penalty.16Virginia Code Commission. Virginia Code 22.1-279.3 – Parental Responsibility and Involvement Requirements That process is separate from truancy and targets parents who refuse to engage with the school on conduct or discipline issues.
Access to Your Child’s Records
Student records in Virginia are protected by both federal and state law. The Family Educational Rights and Privacy Act gives parents (and students once they turn eighteen) the right to inspect educational records, request corrections, and control who else sees them.17Protecting Student Privacy. FERPA Virginia Code 22.1-287 restricts who can access a student’s records without parental consent. The permitted list is narrow: parents, the student (with parental consent if under 18), school administrators and current teachers, law enforcement officers acting in an official capacity, and child protective services workers handling a referral.18Virginia Code Commission. Virginia Code 22.1-287 – Limitations on Access to Records Anyone outside that list generally needs a court order or your written authorization.
Directory Information
Schools can share a category of less sensitive information, called directory information, without parental consent. This usually includes a student’s name, address, phone number, date of birth, participation in school activities, and dates of attendance. Before releasing it, the school must publicly notify what it considers directory information and tell parents they can opt out in writing within a specified period.19Protecting Student Privacy. Directory Information If you don’t want your child’s name and contact details going to military recruiters, college mailers, or yearbook companies, file that opt-out at the start of each school year. Many parents miss this window because they don’t know it exists.
If you believe a school has improperly disclosed your child’s records, you can file a complaint with the U.S. Department of Education’s Student Privacy Policy Office.
Bullying Reports and What the School Must Do
Virginia Code 22.1-279.6 requires every school board to adopt a student conduct code that prohibits bullying. Policies must cover cyberbullying that occurs outside school property when it involves students in the same division, and they must protect victims and witnesses from retaliation. Schools also have to provide a list of support services and mental health resources for students who experience cyberbullying.20Virginia Code Commission. Virginia Code 22.1-279.6 – Board of Education Guidelines and Model Policies
When a school learns of an alleged bullying incident, the principal or designee must notify the parent of every student involved within 24 hours.20Virginia Code Commission. Virginia Code 22.1-279.6 – Board of Education Guidelines and Model Policies Virginia Code 22.1-291.4 separately requires school boards to train staff on recognizing bullying and maintaining a bully-free environment.21Virginia Code Commission. Virginia Code 22.1-291.4 – Bullying and Abusive Work Environments The policies may not be used to suppress student expression of religious, philosophical, or political views as long as that expression does not materially disrupt school operations.
If the school fails to act after a report, you can escalate to the local school board, the Virginia Department of Education, or law enforcement if the behavior rises to the level of a criminal offense such as assault or harassment.
Immunizations and Health Screenings
No student can be admitted to a Virginia school without documentary proof of immunization or a qualifying exemption. Virginia Code 22.1-271.2 requires the school to verify immunization status at enrollment. A student whose shots are incomplete can be admitted conditionally with proof of at least one dose and a schedule showing the remaining doses will be completed within 90 calendar days (180 days if the hepatitis B series requires more than two doses).22Virginia Code Commission. Virginia Code 22.1-271.2 – Immunization Requirements A student who falls off that schedule gets excluded from school until immunizations resume.
Two exemptions exist. A medical exemption requires written certification from a licensed physician that a particular immunization would be harmful to the child’s health. A religious exemption requires a parent to submit an affidavit stating that immunization conflicts with the family’s religious tenets or practices.22Virginia Code Commission. Virginia Code 22.1-271.2 – Immunization Requirements The specific vaccines required are set by the State Board of Health under Virginia Code 32.1-46 and include standard childhood immunizations.
Under Virginia Code 22.1-273.1, school boards must provide scoliosis screening for students in grades five through ten, unless parents indicate they prefer their child not participate or the child was screened during a required physical examination at initial enrollment.23Virginia Code Commission. Virginia Code 22.1-273.1 – Annual Screening for Scoliosis
Protections for English Learners
If your child speaks a language other than English at home, federal protections apply. Under Title III of the Elementary and Secondary Education Act, as amended by ESSA, schools must identify and assess a potentially eligible English learner within 30 days of enrollment. Parents must be notified of their child’s identification as an English learner and placement in a language instruction program no later than 30 calendar days after the school year begins, or within two weeks of placement if the student enrolls mid-year.24U.S. Department of Education. Non-Regulatory Guidance: English Learners and Title III of the ESEA Amended by ESSA
Schools must communicate with parents in a language they can understand. That obligation traces to Title VI of the Civil Rights Act of 1964 and the Supreme Court’s decision in Lau v. Nichols, which held that giving non-English-speaking students the same materials as everyone else is not equal treatment if those students cannot understand the instruction. In practice, schools should translate essential documents and provide interpreters for parent-teacher conferences, IEP meetings, and disciplinary proceedings. If a school refuses to provide meaningful language access, you can file a complaint with the U.S. Department of Education’s Office for Civil Rights.