New York vs Virginia: Homeschool Laws Compared
Side-by-side comparison of homeschool regulations. See what changes if you're moving between these states.
At a Glance
| Requirement | New York | Virginia |
|---|---|---|
| Regulation level | High regulation | Moderate regulation |
| Notification | Detailed plan required — superintendent of the local school district By July 1 annually, or within 14 days of commencing home instruction mid-year | Required — superintendent of the local school division by August 15 annually; within 30 days if moving into a new school division mid-year |
| Testing | Required (Composite score above the 33rd percentile on national norms, OR one academic year of growth compared to a prior year's test) | Required (composite score in or above the fourth stanine on any nationally normed standardized achievement test) |
| Required subjects | 12 subjects | None specified |
| Instructional time | 900 hrs/yr | No requirement |
| Instructor qualification | No requirement | a high school diploma or GED |
| Recordkeeping | attendance, grades | None required |
| Annual renewal | Required by July 1 annually (LOI and subsequently IHIP) | Required by August 15 |
Moving Between These States
Moving from New York to Virginia
Grace period: As soon as practicable notice + 30 days to comply (Va. Code §22.1-254.1(C))
What changes:
- ~Notification: New York (Detailed plan required — superintendent of the local school district By July 1 annually, or within 14 days of commencing home instruction mid-year) → Virginia (Required — superintendent of the local school division by August 15 annually; within 30 days if moving into a new school division mid-year)
- +Virginia requires instructor qualification (a high school diploma or GED). New York does not
- -Good news: Virginia has no required subjects requirement
- -Good news: Virginia has no instructional time requirement
- -Good news: Virginia has no recordkeeping requirement
Transition checklist
Before you leave New York:
- ▢No formal withdrawal required in New York
- ▢Gather records: curriculum materials, work samples, test scores
- ▢Complete any pending assessments before you leave
When you arrive in Virginia:
- ▢Notify superintendent 'as soon as practicable' after moving in. Comply fully within 30 days of notice. Include curriculum description and qualification evidence.
- ▢Prepare qualification evidence (a high school diploma or GED)
Within 30 days of starting:
- ▢File within 30 days of starting (Va. Code §22.1-254.1(C))
- ▢Children under age 6 as of September 30 are exempt from the annual assessment requirement. Standard (existing families) deadline is August 15.
Moving from Virginia to New York
Grace period: 14 days from commencing home instruction in the district (8 NYCRR §100.10)
What changes:
- ~Notification: Virginia (Required — superintendent of the local school division by August 15 annually; within 30 days if moving into a new school division mid-year) → New York (Detailed plan required — superintendent of the local school district By July 1 annually, or within 14 days of commencing home instruction mid-year)
- -Good news: New York has no instructor qualification requirement
- +New York requires required subjects (12 subjects). Virginia does not
- +New York requires instructional time (900 hrs/yr). Virginia does not
- +New York requires recordkeeping (attendance, grades). Virginia does not
Transition checklist
Before you leave Virginia:
- ▢No formal withdrawal required in Virginia
- ▢Gather records: curriculum materials, work samples, test scores
- ▢Complete any pending assessments before you leave
When you arrive in New York:
- ▢File Letter of Intent with local superintendent within 14 days of commencing instruction. Submit IHIP within 4 weeks of receiving the form from the district.
Within 14 days of starting:
- ▢File within 14 days of starting (8 NYCRR §100.10)
- ▢District has 10 business days to respond with IHIP form. Complete IHIP due within 4 weeks of receiving form.
Military families
Neither New York nor Virginia has military-specific homeschool provisions. MIC3 (Interstate Compact on Educational Opportunity for Military Children) does not apply to homeschoolers — it covers public schools only. Your School Liaison Officer can help with the transition.
Planning a move?
Enter your move date to get a timeline with specific deadlines.
Common questions
What are the differences between homeschooling in New York and Virginia?
New York and Virginia have different homeschool regulations covering notification requirements, testing, required subjects, instructor qualifications, and recordkeeping. See the comparison table above for the exact differences.
What do I need to do to move my homeschool from New York to Virginia?
When moving from New York to Virginia, you must comply with Virginia's homeschool laws from scratch. See the transition checklist above for step-by-step guidance.
Data sourced from state statutes and administrative codes. Comparison based on default homeschool pathway for each state. This is compliance guidance, not legal advice. Terms · How we verify