Homeschooling a Child with an IEP in Virginia

This is general guidance based on Virginia law. For your specific IEP, consult a special education advocate.

Having an IEP doesn't mean you can't homeschool in Virginia. You absolutely can. Here's what you need to know about services, rights, and the withdrawal process.

What happens to your child's services

Federal proportionate share

8VAC20-81-150 classifies home instruction as 'private school.' Same proportionate share access as private school students. ISP (not IEP) through consultation.

Virginia classifies home-instructed students as private school students for special education purposes. Your child's IEP becomes a more limited ISP. There is no individual right to services, but your child may access services through proportionate share funding -- contact your school division to inquire about available services through the consultation process.

IEP becomes an ISP. Virginia regulations classify home instruction as 'private school' under 8VAC20-81-150, but that regulation explicitly states there is no individual right to services. Homeschooled students may access services through proportionate share funding, similar to parentally placed private school students.

Federal protections

✓Child Find: Your district must evaluate your child for disabilities if you request it, even while homeschooling.
✓Proportionate share: The district must set aside a share of federal special education funding for children in private schools, including homeschools.

Primary source: 8VAC20-81-150, Code of Virginia 22.1-254.1

How to access services while homeschooling

✓

Dual enrollment

Homeschooled students may access related services through proportionate share funding as nonpublic students.

How to request: Contact your local school division to request services.

Code of Virginia 22.1-213

✓

Child Find

District must locate and evaluate children suspected of having disabilities, including homeschooled children.

How to request: Contact your local school division's special education office to request an evaluation.

IDEA — 20 USC 1412(a)(3); 34 CFR 300.111

✓

Equitable services

Homeschooled students may access services through proportionate share funding, the same as parentally placed private school students. No individual right to services. Additional services available on first-come basis if funds available.

How to request: Contact your local school division to inquire about available services.

IDEA — 20 USC 1412(a)(10)(A); 34 CFR 300.130-144

Therapy access

Speech therapy:: Available through ISP as a related service
Occupational therapy:: Available through ISP as a related service
Behavioral therapy:: May be available through ISP; includes art/music/dance therapy if necessary

Virginia is one of the stronger states. Related services broadly defined.

Where services are typically delivered: At the public school building

Before you withdraw: step by step

These are the steps we recommend before withdrawing from Virginia public schools.

1
Submit annual notice to division superintendent
2
Meet one of four qualification options (diploma, credential, correspondence course, or evidence of ability)
3
Request copies of all IEP records and evaluations
4
Contact district about proportionate share services and consultation process

Important deadline: Annual notice to superintendent by August 15. Mid-year: 'as soon as practicable,' comply within 30 days.

Starting mid-year? Consider timing relative to proportionate share child count (October 1 - December 1).

If you want to re-enroll

Homeschooling is not a one-way door. Your child can re-enroll in public school at any time.

In Virginia: 65 business days from referral to complete evaluation. IEP meeting within 30 calendar days of eligibility determination.

New evaluation needed? It depends on how long you've been homeschooling and how recent the last evaluation is.

Keep copies of all IEP documents, evaluations, and progress reports. You'll need these if you re-enroll.

Who to call

You don't have to navigate this alone. These organizations help families with special education questions.

disAbility Law Center of Virginia (dLCV)

800-552-3962 · dlcv.org

State disability rights organization

PEATC

800-869-6782 · peatc.org

Parent training and information center

COPAA

copaa.org · Find a special education attorney near you

Wrightslaw

wrightslaw.com · Special education law encyclopedia

Common questions

Can I homeschool a child with an IEP in Virginia?

Yes. Parents in Virginia have the right to withdraw their child from public school regardless of disability status. No IEP team can block your withdrawal. However, the IEP itself typically does not transfer to the home setting. Run our free wizard to see exactly what services are available in Virginia.

What happens to my child's IEP when I start homeschooling in Virginia?

In most cases, the IEP, which is a contract between your family and the school district, ends when you withdraw. However, federal Child Find obligations still apply, meaning the district must evaluate your child if requested. Some states offer additional protections. Use our wizard to see Virginia's specific provisions.

Can my child still get therapy through the school if we homeschool in Virginia?

It depends on Virginia's laws. Under federal IDEA, districts must set aside proportionate share funding for children in private schools (including homeschools), but this doesn't guarantee specific services. Some states go further with mandatory part-time enrollment, ESA programs, or scholarship funding. Check our full guide for details.

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Requirements sourced from Va. Code Section 22.1-254.1. Verified against primary legal sources. Last verified: March 2026