When Under-6 Homeschoolers Don't Need Testing in Virginia: The Law Explained
Virginia homeschool law is confusing about testing for kids under 6. Here's the actual statute text, what it means, and when your kindergartner is exempt.
If your child is still 5 years old on September 30, you do not have to test. Even if they turn six during the break before the next school year starts.
That's the rule. Here's where it comes from.
The Law
Virginia's home instruction statute (§22.1-254.1) requires evidence of progress by August 1 each year. Then it says:
"The requirements of this subsection shall not apply to children who are under the age of six as of September 30 of the school year."
One sentence. Game over.
How Old Is Your Child on September 30?
| Age on Sept 30 | By end of school year | Then... |
|---|---|---|
| 5 | Still 5, or turns 6 in the break | No testing required this year |
| 6 | Already 6 at the start | Testing required this year |
That's the whole test. Grade level doesn't matter. Only their age on September 30.
Quick Examples
October baby → Turns 5 after the cutoff. Skip K paperwork that year. Start kindergarten at 5. On Sept 30 of K, they're 5 (exempt). On Sept 30 of first grade, they're 6. Testing starts first grade.
September 4th baby → Turns 5 just before the cutoff. Compulsory in K, but 5 on Sept 30 (exempt). First grade: turns 6 on Sept 4, so 6 on Sept 30. Testing starts first grade.
August 15th baby → 6 on Sept 30 of first grade → Testing starts first grade
January baby → 6 on Sept 30 of first grade (turned 6 in January) → Testing starts first grade
What About My Twins?
Born in September. They finish kindergarten at age 5. They turn 6 during the gap between school years. On September 30 of first grade, they'll be 6. That's when testing starts. No testing this year.
You Don't Need to Do Anything
The exemption is automatic. File your Notice of Intent and move on. No letter. No phone call. No paperwork beyond the NOI.
Frequently Asked Questions
This post is based on the Code of Virginia §22.1-254.1 as of 2026. Always verify with your district, HEAV, VaHomeschoolers, or HSLDA.
