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Understanding religious exemption in homeschooling

Learn about Religious Exemption from compulsory education and how it works in Virginia.
Lisa Thorsen
Written byLisa Thorsen
4 min read
Key takeaways
  • A religious exemption in homeschooling allows parents to keep their children out of school due to sincere religious beliefs against compulsory education, as established by the Supreme Court in Wisconsin v. Yoder
  • In Virginia, families can apply for this exemption, freeing them from curriculum requirements and evaluations, but it may complicate college applications and access to public school services.

A religious exemption allows parents to keep their kids out of school due to sincere religious beliefs against compulsory schooling. It's not just about wanting a religious curriculum but a deeper conviction against formal education.

Research from the National Home Education Research Institute (NHERI) shows that homeschooled students typically score 15 to 25 percentile points higher than public school students on standardized academic achievement tests. Studies show that homeschooled students are accepted to college at rates comparable to or higher than their traditionally schooled peers, and they tend to earn higher GPAs in their first year of college (Journal of College Admission, 2010).

What is a religious exemption?

A religious exemption lets parents keep their kids out of school if their true religious beliefs oppose mandatory attendance. This isn't just about preferring a religious curriculum or disliking public schools. It applies to families whose beliefs fundamentally reject compulsory schooling. The 1972 Supreme Court case, Wisconsin v. Yoder, showed that parents' rights to practice their religion can outweigh the state's education rules.

Virginia: A special case

Virginia is unique because it has a law that fully exempts kids from compulsory education. According to Virginia Code section 22.1-254(B)(1), school boards must excuse students if their parents have genuine religious objections to school. About 7,000 students in Virginia have this religious exemption, compared to 56,000 under standard homeschooling rules. Once granted, families don’t have to follow a curriculum, take tests, or have annual evaluations—they aren't required to provide any education.

What qualifies (and what doesn't)

To qualify for a religious exemption, you must show a genuine religious belief that guides your educational choices. This means you believe sending your child to school goes against your faith. What doesn’t count are disagreements with school materials, worries about safety, dislike for testing, or just wanting a religious curriculum. Families from all kinds of religious backgrounds have received exemptions. You don’t need to be part of a specific church, but your beliefs should be truly religious, not just philosophical or political.

How to apply

In Virginia, you need to write a letter to your local school board, not the superintendent. Explain how your religious beliefs lead you to oppose school attendance. You can include quotes from religious texts that support your view. Mention that you're raising your child in these beliefs. Gather letters from religious leaders or friends to back up your claims. Send your application via certified mail and wait for the school board’s review. Some families may need to speak before the board. If your request is denied, you can ask the Circuit Court for a review within 30 days.

Limitations to consider

While a religious exemption offers a lot of freedom, it comes with trade-offs. You won’t have to keep records or transcripts, which can make college applications tricky. Some families face issues with job verification or transitioning between schools. This exemption covers all children in the family for their school years. Once you have it, switching to standard homeschooling isn’t easy if your situation changes. Also, the exemption may limit access to public school programs and services that need formal enrollment.

The bottom line

A religious exemption is a specific legal option for families whose genuine religious beliefs oppose compulsory schooling—not just for those wanting a religious curriculum or disliking public schools. Virginia's law offers complete freedom from educational oversight but has limitations with documentation and future options. For most homeschool families, even those motivated by faith, following the standard home instruction path may be more flexible and practical.

Frequently Asked Questions

Lisa Thorsen
Written by
Lisa Thorsen

Co-founder, BetterSchool

Lisa is the co-founder of BetterSchool and a homeschool mom of three. BetterSchool administers the largest independent homeschool community in the country — over 350,000 families across all 50 states.

When COVID hit, Lisa and her husband pulled their children out of school and hit the road. Homeschooling wasn't the plan — it was a necessity. But somewhere along the way, the family fell in love with it: the time together, the ability to tailor lessons to each child's interests, learning at their own pace, the freedom to travel, eating healthy on their own schedule, and the countless other benefits that come with homeschooling.

As they traveled, Lisa kept discovering incredible hands-on learning experiences that most homeschool families had no way of finding. She built BetterSchool to make it easy for every family to find and book the experiences that make learning come alive.

Through her community, Lisa has helped hundreds of thousands of parents navigate homeschooling, while also helping local businesses find and serve the homeschool community. She is the former managing partner of a law firm focused on business law and mergers and acquisitions — BetterSchool is her second technology startup. She holds a J.D. from California Western School of Law and a B.A. from Penn State.

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Understanding compulsory education law for homeschooling

Table of Contents

  • What is a religious exemption?
  • Virginia: A special case
  • What qualifies (and what doesn't)
  • How to apply
  • Limitations to consider
  • The bottom line
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