Microschool laws in Virginia · The MicroSchool Lab

For founders

How can I run a microschool in Virginia?

Virginia recognizes 7 canonical operator models. Each has different legal compliance pathways, capital requirements, and family relationships. Choose the one that fits your team. You can change later, but the legal mechanics differ enough that the choice shapes facility planning and scholarship eligibility.

Independent Private School

Viable

A parent-responsibility-free model where your school assumes full legal responsibility for enrolled students' education under Virginia's private school pathway. You register with the state, maintain your own records, issue transcripts and diplomas, and families satisfy compulsory attendance by enrolling with you rather than filing home instruction paperwork.

Top requirements

Form business entity with Virginia SCC (LLC or corporation) at https://scc.virginia.gov.
Register for state tax at tax.virginia.gov.
Comply with local zoning, occupancy permit, and fire code at the municipal/county level (NOT state).

Watch for

VCPE accreditation is optional but unlocks: public-school credit transfer, teacher licensure eligibility, alternative EISTC eligibility path, and SEVP certification for F-1 students. Without it, public schools are NOT required to accept credits or grade-level transfers.
Accredited schools must fingerprint all employees (§ 22.1-296.3); non-accredited schools are not subject to this requirement.

Homeschool Cooperative

Viable

A shared-resource model where families retain full legal responsibility for their children's education under Virginia's home instruction statute (§ 22.1-254.1). You provide programming, space, and support; each family independently files their own Notice of Intent by August 15 and submits their own annual evidence of progress by August 1. Parents may designate you or your instructors to deliver the program under Option III ("curriculum delivered in any other manner"), but the NOI and compliance responsibility remain with the parent.

Top requirements

Form business entity with Virginia SCC (LLC recommended for liability separation) at https://scc.virginia.gov.
Structure operations as a shared resource for homeschooling families, NOT as a school. Families retain full legal responsibility for their children's home instruction under § 22.1-254.1.
Maintain clear written agreements with families documenting that each family files their own NOI by August 15 and submits their own evidence of progress by August 1.

Watch for

Do not issue school-style transcripts, report cards, or diplomas. Those conflict with the home-instruction pathway and suggest you are operating as a private school.
Do not market as a "school" or refer to participants as "enrolled students." Use language like co-op, learning community, or shared homeschool resource to match the legal model families are actually using.

Certified Tutor Practice

Viable

A solo-instructor model that operates under Virginia's certified tutor exemption (§ 22.1-254(A)). The tutor must hold a Virginia teaching license or be a teacher of qualifications prescribed by the Board of Education. Families satisfy compulsory attendance through instruction by a qualified tutor rather than through home instruction paperwork. Typically a one-instructor practice, not a multi-teacher program.

Top requirements

Hold a valid Virginia teaching license (any subject area) from the Virginia Department of Education.
Obtain approval from the local division superintendent for each child taught under this pathway — approval is per-child and per-division.
Form business entity (sole proprietor, LLC, or S-corp) with Virginia SCC.

Watch for

This is a narrow pathway in Virginia. Superintendent approval is discretionary and not guaranteed.
Does not scale easily — each family needs independent superintendent approval. Works best for 1-3 families in the same school division.

Religious Community School

Viable

A congregation-connected model that operates under Virginia's religious exemption pathway (§ 22.1-254(B)(1)). Families apply to their local school board for a religious exemption from compulsory attendance based on bona fide religious training or belief. Your program provides the educational environment but is not itself the legal compliance mechanism — each family's exemption is individually granted.

Top requirements

Operate as a denominational or parochial school under § 22.1-254(A) — same requirements as Independent Private School above.
OR support families pursuing individual religious exemption under § 22.1-254(B)(1) — in this case, the school is a faith community resource, not the legal pathway.
Faith-integration content and curriculum choices are unrestricted; no state review of curriculum.

Watch for

Religious exemption is granted to FAMILIES by the local school board, not to schools. A religious community school does not "grant" religious exemption to its families; each family applies individually.
Be clear with families about which pathway they are using: enrolling in the denominational school OR pursuing individual religious exemption. Mixing routes creates compliance confusion.

Childcare Preschool Program

Viable

A pre-compulsory-age model for children under 5 that operates outside Virginia's compulsory attendance system. Licensing is triggered by the number of unrelated children in your care, whether you operate in a home or a center, and your daily hours. Verify your threshold with the Virginia Department of Education's child care licensing office before opening.

Top requirements

Regulated by the Virginia Department of Education Office of Child Care Health and Safety (childcare licensing was transferred from DSS to VDOE in 2021).
Licensing thresholds depend on number of children, ages, and hours; a home-based program serving ≤5 children unrelated to the provider may qualify for voluntary registration rather than licensing.
If program includes any children at or above compulsory attendance age (typically age 5), they must have a separate compulsory-attendance pathway — the childcare license alone does NOT satisfy compulsory attendance.

Watch for

This is a different regulatory universe than K-12 private schools. Licensing fees, staff ratios, facility inspections, background checks, and training requirements apply.
Pre-kindergarten programs may qualify for EISTC scholarship funding if accredited by VCPE OR Virginia Early Childhood Foundation (see statePrograms.taxCredits).

Hybrid University Model

Viable

A structured-schedule hybrid where your program runs 2–3 on-site days per week and provides a curriculum framework families deliver at home the remaining days. In Virginia, this is almost always operated as a homeschool-support program under § 22.1-254.1: families file their own NOI by August 15 and submit their own evidence of progress by August 1, and your program is a shared resource rather than a legal private school. If the program intends instead to be the legal compliance pathway (enrolled students, school-issued records), reclassify as Independent Private School — the two models cannot coexist.

Top requirements

Same as Homeschool Cooperative: families file their own NOI under § 22.1-254.1 and remain legally responsible.
Operate 2-3 days per week at the program site with families handling the remaining instructional days.
Clearly document the split-schedule arrangement in family agreements.

Watch for

Same cautions as Homeschool Cooperative — do not issue school-style records or present as the child's primary school.
If the program expands to 4-5 days/week, it may no longer fit the hybrid model and should reclassify as Independent Private School.

Umbrella School Satellite

Viable

A satellite model operating under the umbrella of an established Virginia private school. The umbrella school holds the § 22.1-19 compliance responsibility; you operate a satellite site under their accreditation and policies. Requires a formal affiliation agreement with the umbrella school and adherence to their student records, accreditation, and reporting standards.

Top requirements

Operate under an existing VCPE-accredited private school's accreditation umbrella via a formal written agreement.
The umbrella school retains accreditation responsibility; the satellite operates under the umbrella's name and standards.
Form business entity with Virginia SCC for the satellite operation.

Watch for

Rare arrangement in Virginia. Most VCPE-accredited schools do not offer satellite agreements because they assume full accreditation liability for the satellite's operation.
If pursuing this model, verify in writing exactly which accreditation benefits flow to the satellite (credit transfer, teacher licensure eligibility, EISTC path).

For families

What programs help families pay for tuition?

Virginia funds private school tuition through 2 state programs.

Tax-Credit Scholarships

65%

$25M annual cap

Education Improvement Scholarships Tax Credits Program

EISTC

Virginia's primary scholarship-funding program. Donors receive a 65% Virginia state tax credit on donations to VDOE-approved scholarship foundations, which then provide scholarships to eligible students for tuition at eligible private K-12 schools. Established 2012. Authorizing statute: Va. Code §§ 58.1-439.25 through 58.1-439.28.

Family eligibility (4 criteria)

Student household income at or below 300% of federal poverty guidelines (400% for students with IEPs).
Student must be either: (i) eligible to enter kindergarten or first grade; OR (ii) attending or have attended a Virginia public school for at least half of the current or prior school year; OR (iii) a prior recipient of a foundation scholarship; OR (iv) domiciled in another state the prior year.
Donor minimum $500, maximum $125,000 per individual tax year; no maximum for businesses (sole proprietors classed as business).
Preauthorization required from VDOE via an approved scholarship foundation before donating.

School eligibility (5 criteria)

School must be in compliance with the Commonwealth's and locality's health and safety laws and codes.
Must hold a valid occupancy permit as required by the locality.
Must comply with Title VI of the Civil Rights Act of 1964.
For K-12: must either (a) be accredited through a VCPE-approved accrediting association, OR (b) administer an annual nationally norm-referenced achievement test in reading and math (examples: Stanford Achievement Test, California Achievement Test, Iowa Test of Basic Skills).
Scholarship foundations make payments directly to the eligible school, not to families.

Tax-Credit Scholarships

65%

$25M annual cap

EISTC Pre-Kindergarten Provision

EISTC-PreK

Parallel EISTC eligibility for eligible pre-kindergarten programs. Same 65% donor credit, same $25M annual cap (shared with K-12 EISTC). Separate eligibility and school-qualification rules apply to pre-K.

Family eligibility (2 criteria)

Eligible pre-kindergarten child: (i) Virginia resident, (ii) at-risk four-year-old unable to obtain services through Head Start or Virginia Preschool Initiative programs, (iii) enrolled in, eligible to attend, or attending a nonpublic pre-kindergarten program.
Same household income caps (300% FPL, 400% with IEP), plus alternate qualifiers: homelessness as defined in 42 U.S.C. § 11302; OR parent/guardian did not graduate high school AND child cannot obtain VPI services.

School eligibility (2 criteria)

Pre-K program must be certified by the Virginia Council for Private Education OR the Virginia Early Childhood Foundation.
Each pre-K teacher must hold a certificate from a nationally recognized early childhood education certificate program (including Virginia Community College System programs).

Family-side compliance

How families satisfy compulsory attendance

Virginia recognizes 4 legal pathways for families to satisfy compulsory attendance. The pathway determines who's legally on the hook (your microschool, the parent, or both) and shapes the operator model you should use.

Private School

Va. Code § 22.1-254(A)

A child may satisfy compulsory attendance by attending a private, denominational, or parochial school. VDOE does not accredit or regulate general private schools; accreditation through the Virginia Council for Private Education (VCPE) is optional but enables credit transfer, teacher licensure eligibility, and alternative EISTC eligibility.

Home Instruction

Va. Code § 22.1-254.1

A parent may provide home instruction to satisfy compulsory attendance. Parents must file an annual Notice of Intent (NOI) with their division superintendent and provide evidence of educational achievement. This is a family-filed pathway; a microschool supporting these families is NOT the legally responsible party.

Certified Tutor

Va. Code § 22.1-254(A)

A child may be taught by a tutor or teacher who holds qualifications prescribed by the Board of Education AND is approved by the local division superintendent. In practice, this requires a valid Virginia teaching license and individual superintendent approval. The statute lists this option in-line within § 22.1-254(A) — it is not a separately numbered subpart.

Religious Exemption

Va. Code § 22.1-254(B)(1)

The local school board SHALL excuse from attendance any pupil who, together with the parents, by reason of bona fide religious training or belief is conscientiously opposed to attendance at school. This exemption is family-initiated and granted by the local school board. It is NOT a school-operator pathway. Philosophical, political, sociological, or personal-moral objections do not qualify.

Licensing trigger

When does Virginia require a state license?

Virginia imposes one state license requirement that may apply to your microschool. Most general microschools never trigger it.

Operating a school primarily for students with disabilities

8VAC20-671 (authorized by Va. Code § 22.1-323)

Must obtain a license from the Virginia Board of Education before opening, operating, or conducting the school. Initial application filed with VDOE; 60-day assessment window; on-site inspection required; license types include conditional (6 months max), initial, and triennial. After first triennial renewal, school must maintain accredited status. Penalties apply for noncompliance.

Regional context

How Virginia compares to neighboring states

Virginia sits among the most founder-friendly regulatory regimes in the Mid-Atlantic and Southeast. Here's how the legal landscape compares for microschool operators in nearby states.

State	Operator models	State funding programs	FSTC status	License required?
Virginia	7	2 active	Opted in (first state)	Disabilities-only (8VAC20-671)
West Virginia	6	1 (Hope ESA)	Opted in	None for general private
Kentucky	5	1 (EOA tax credit)	Opted in	None for general private
Tennessee	7	3 (EFS + IEA + ESA Pilot)	Opted in	None for general private
North Carolina	6	2 (Opportunity + ESA+)	Vetoed	None for general private
Maryland	5	0 active state programs	Undecided	State approval for non-public schools

Common questions

Virginia microschool FAQs

Do I need to register my Virginia microschool with the state?

Generally no. Va. Code § 22.1-19 explicitly disclaims state authority over general private schools. VDOE does not register or accredit them. You'll register your business entity (LLC) with the Virginia State Corporation Commission, but that's a corporate filing, not a school filing. The exception: if your school primarily serves students with disabilities, you must obtain a Board of Education license under 8VAC20-671 before opening.

What's the difference between religious exemption and home instruction?

Home instruction (Va. Code § 22.1-254.1) is a paperwork-based pathway: any family files a Notice of Intent by August 15 and submits annual evidence of progress by August 1. It's available to all families regardless of religion. Religious exemption (Va. Code § 22.1-254(B)(1)) is a family-by-family request granted by the local school board for families with bona fide religious objections to attendance. Once granted, no state-level evidence-of-progress requirement applies.

Can a Virginia microschool accept ESA funds?

Virginia does not currently operate an Education Savings Account (ESA) program. State funding flows through tax-credit scholarships (EISTC) and the federal FSTC, not ESAs. If a Virginia family received ESA funds from another state's program (rare, usually only for active-duty military), eligibility depends on the originating state's rules.

Do I need to be VCPE-accredited?

No, accreditation is optional in Virginia. § 22.1-19 does not require accreditation. Most Virginia microschools operate without it. Accreditation through the Virginia Council for Private Education (VCPE) unlocks credit transfers to public schools, teacher licensure eligibility, an alternate EISTC eligibility path, and SEVP certification for F-1 students. For most founders, the EISTC alternate path (administering an annual norm-referenced achievement test in reading and math) is simpler than full accreditation.

What if my microschool serves students with disabilities?

If your school's primary mission is serving students with disabilities, you must obtain a license from the Virginia Board of Education under 8VAC20-671. This is a substantive licensure regime: 60-day assessment, on-site inspection, accreditation requirement after first triennial renewal. If your microschool serves a general population that may include students with disabilities, the trigger does not apply.

Can a parent file Notice of Intent for multiple children?

Yes. One NOI per family, listing each child being home-instructed. The NOI goes to the parent's local division superintendent by August 15 each year. Evidence of educational achievement is then due by August 1 following the school year, separately for each child age 6+.

When do I need a Virginia teaching license?

You need a Virginia teaching license only if you're operating under the certified-tutor exemption (§ 22.1-254(A)). That pathway specifically requires Board of Education-prescribed teacher qualifications. Independent private schools, homeschool cooperatives, and most other operator models do not require state teacher licensure for instructors.

Are there any pending bills affecting Virginia microschools?

As of the last verified date shown above, no pending bills materially change the legal landscape for Virginia microschools. The legislative landscape is monitored monthly. The federal FSTC opt-in (effective January 2027) is the most significant near-term change. State implementation details from VDOE are expected through 2026.

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Verification

Primary sources

Every claim on this page traces to a primary source. The full list of state code sections, regulatory citations, and government program pages cited:

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