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Compulsory School Enrollment - Exceptions 5-11.1

School Board of the City of Virginia Beach
Regulation 5-11.1

STUDENTS

Compulsory School Enrollment - Exceptions

In accordance with applicable law and regulation, exceptions to compulsory attendance are granted as set forth below. The School Board authorizes the Superintendent or designee to develop the procedures for reviewing requests for exemption from compulsory attendance.

  1. The School Board shall excuse from attendance at school any pupil who, together with his parents, by reason of bona fide religious training or belief is conscientiously opposed to attendance at school.
    1. For the purposes of this subdivision, “bona fide religious training or belief” does not include essentially political, sociological or philosophical views or a merely personal moral code.
    2. The School Board authorizes the Superintendent or designee to develop the procedures for submitting requests and substantiating documents under this subsection, preparing such requests for presentation to the School Board, and for communicating with the requestor concerning such request.
  2. The School Board authorizes the Superintendent to handle on its behalf the following requests for exemptions from compulsory attendance.
    1. On the recommendation of the juvenile and domestic relations court of Virginia Beach for such period of time as the court deems appropriate, any pupil who, together with his parents, is opposed to attendance at a school by reason of concern for such pupil's health or by reason of such pupil's reasonable apprehension for personal safety when the concerned is determined to be justified;
    2. Children suffering from contagious or infectious diseases while suffering from such diseases;
    3. Children whose immunizations against communicable diseases have not been completed;
    4. Children under ten years of age who live more than two miles from a public school unless public transportation is provided within one mile of the place where such children live;
    5. Children between the ages of ten and seventeen, inclusive, who live more than 2.5 miles from a public school unless public transportation is provided within 1.5 miles of the place where such children live; or
    6. Any child who will not have reached his sixth birthday on or before September 30 of that school year whose parent or guardian notifies the Superintendent or designee that he/she does not wish the child to attend school until the following year because the child, in the opinion of the parent or guardian, is not mentally, physically or emotionally prepared to attend school, may delay the child's attendance for one year.
    7. On recommendation of the principal and the Superintendent or designee and with the written consent of the parent or guardian, any pupil who the Superintendent determines cannot benefit from education at such school; and
    8. On recommendation of the juvenile and domestic relations district court in Virginia Beach, any pupil who, in the judgment of such court and with the Superintendent’s concurrence, cannot benefit from education at such school.

Code of Virginia § 22.1-254, as amended. Compulsory attendance required; excuses and waivers; alternative education program attendance; exemptions from article.

Approved by Superintendent: July 16, 1991
Revised by Superintendent: April 13, 2000
Revised by Superintendent: August 31, 2023