This procedure requires legal representation. The Court will only overturn a decision if the school board exceeded its authority or acted arbitrarily. If a school board rejects a claim of religious exemption, within thirty days the family may request judicial review of the decision by the Circuit Court for that jurisdiction. If no such letter is sent, the family may use the minutes of the school board meeting as proof of having received a religious exemption. Typically, school boards will send a letter to the family acknowledging that the family has a religious exemption to school attendance under §22.1-254 B 1 of the Code of Virginia. The school board is not required by law to respond to a religious exemption claim.
When the school board determines that your objection to compulsory schooling is a bona fide religious belief, and not primarily based on non-spiritual reasons, it must recognize the religious exemption. Be prepared, in case you are required to do this. Individual school boards determine whether or not family members must testify before the board prior to receiving a religious exemption. You can read more about finding your school division’s local policy manual here: Finding Local School Division Policies. Some school divisions have formal written policies on religious exemption claims in their policy manual. Local school board reaction varies some scrutinize claims, while some do not. In the opinion of VaHomeschoolers, school boards have the right and legal obligation to reasonably (not excessively) scrutinize religious exemption claims to ensure they meet the criteria in law. The local school board may recognize or decline to recognize a claim of religious exemption from the compulsory school attendance requirements. School division administrators may not make this decision and may not prevent a school board from considering a religious exemption claim. This is not a power granted in law to the school superintendent or central office administration.
The local school board considers and acts on a religious exemption claim. It can help to join a statewide or local homeschool support group where you may ask questions of other Virginia families who have filed for religious exemption. Read and understand the law, and have your statements in order. VaHomeschoolers recommends that you keep copies of all submitted documents for your records, and that you submit your notification via certified mail, with a return receipt requested.
Contact information for local school boards can often be found on your school division website. Send notification of religious exemption with any supporting information and materials to your local school board.