Where Virginia Stands on School Choice in November 2026, in Plain English

By My Learning Source · November 9, 2026 · Scholarships, Guides, News

Ask a group of Virginia homeschool parents whether the Commonwealth "has school choice" and you'll hear everything from "yes, there's a tax credit" to "no, nothing." Both answers have some truth in them. Here's where Virginia actually stands in November 2026, with the law behind each point. Our Virginia homeschool options guide has every official link in one place.

The short answer

Virginia has one private-choice program: the Education Improvement Scholarships Tax Credits program, created in 2012.
It gives donors a state tax credit for gifts to approved scholarship foundations. The foundations give scholarships for private school costs.
There's no education savings account, no voucher and no state tax credit or deduction for what parents spend on homeschooling or private school.
As the Code reads now, the donor credit applies to taxable years before January 1, 2028.
The IRS lists Virginia as taking part in the new federal scholarship tax credit for 2027.

The Education Improvement Scholarships Tax Credit

The program lives in §§ 58.1-439.25 through 58.1-439.28 of the Code of Virginia. A person who gives money or marketable securities to a scholarship foundation on the Department of Education's annual list earns a Virginia tax credit equal to 65% of the gift. An individual has to give at least $500, and credits are issued only on the first

25,000 an individual gives in a taxable year. That limit doesn't apply to businesses. The Department of Education issues credits first-come, first-served, and no more than

5 million in credits can be issued in a fiscal year. A credit that's more than the donor's tax can be carried forward for five years.

The foundations must spend at least 90% of the tax-credit donations they receive on scholarships, and the scholarships pay qualified educational expenses — tuition, instructional fees and school-related materials — at nonpublic schools. Students qualify through income limits and the law's school history rules: for example, a student who attended a Virginia public school for at least half of the current or prior year, a child eligible to enter kindergarten or first grade, a prior scholarship recipient, or a student who just moved to Virginia.

Why homeschool families can't use it

The scholarships pay a nonpublic school. A family teaching at home under the home instruction law or the religious exemption isn't enrolled in one, so there's nothing for a scholarship to pay. That's not a judgment about homeschooling. It's how the program is written.

The sunset to watch

§ 58.1-439.26 says the credit applies to taxable years beginning on or after January 1, 2013, but before January 1, 2028. Unless the General Assembly extends it, donors can't earn the state credit for gifts in 2028 and later. If you give to a scholarship foundation, or your child's private school depends on these scholarships, keep an eye on the 2027 session.

The federal scholarship tax credit

Starting January 1, 2027, a new federal credit lets donors claim up to

,700 ($3,400 if filing jointly) for cash gifts to a scholarship-granting organization on a participating state's list. States choose each year. The IRS lists Virginia among states participating for 2027, as of October 22, 2026. We didn't find an official Virginia page on the election or a list of organizations as of November 2, and news reports in October said the decision for later years was unsettled. We'll update our guide when the Commonwealth posts its process.

What doesn't exist

No education savings account.
No voucher.
No state tax credit or deduction for homeschool costs.
No state approved-vendor list for homeschool purchases.

Virginia does fund public options — charter schools, college partnership laboratory schools, governor's schools and division-run virtual programs — but those are public schools, not homeschooling. A child enrolled in one is a public school student.

What it means for homeschool families

For most Virginia homeschool families, school choice programs simply don't touch the budget. You pay your own way. The money questions that matter are practical: testing or an evaluator for the August 1 evidence of progress, dual enrollment tuition at a community college, driver's ed, and curriculum. Your legal footing doesn't depend on any of these programs. It comes from the home instruction statute and the religious exemption.

Homeschooling's legal footing in Virginia

None of these programs is what makes homeschooling legal. Virginia law gives parents three routes. Home instruction under § 22.1-254.1 is the one most families use: a notice to the division superintendent by August 15 with a list of subjects and evidence of one of four options, then evidence of progress by August 1 after each year. The religious exemption under § 22.1-254(B)(1) is a separate route through the school board for families conscientiously opposed to school attendance for bona fide religious reasons. And § 22.1-254 also allows teaching by a tutor or teacher with the Board of Education's qualifications, approved by the superintendent. School choice programs change with legislative sessions; these routes are the ones your family's education rests on.

The home instruction statute opens with a line worth knowing: when its requirements are met, instruction of children by their parents is "an acceptable alternative form of education under the policy of the Commonwealth of Virginia."

A family weighing it

The Coleman family in Chesapeake homeschools two daughters and has a son at a small private school. Their son's school told them about the scholarship foundations, and because he attended public school the year before and their income fit the limits, he received a scholarship that covered part of his tuition. For the girls, nothing changed: the family still files a notice by August 15 and sends test scores by August 1, and they budget for curriculum themselves.

(A composite example — names and details are illustrative, drawn from situations homeschool families commonly describe.)

Questions families ask

Is there any Virginia money for homeschoolers? We found no state program that pays homeschool costs as of November 2026.

Could a federal scholarship pay homeschool costs? That depends on federal rules and on each organization's choices. Don't count on it until an organization tells you in writing.

Does choosing private school for one child affect the others? No. Each child's schooling is separate. One can attend a private school while siblings are taught at home.

For the dates that do matter, see the Virginia Education Calendar, and for curriculum and classes, our Virginia vendor directory.

My Learning Source is an independent marketplace and is not affiliated with the Virginia Department of Education, Virginia Tax, the IRS, the Office of the Governor or any scholarship foundation. Programs, credits and deadlines change — confirm current rules with the agency or organization that runs each one before you act. Family examples are composites, not real individuals.