Legal Question in Family Law in Virginia
Virginia Education Law (Resident Student / Non-Resident Parents)
In Virginia, can a child between the ages of 18 and 20 continue enrollment in high school under own recognizance without parental involvement or emancipation?
Virginia law states a minimum school age, but is unclear on the maximum age limit for required day school. Also, emancipation appears only to apply to children under the age of 18.
What are the parents responsibility regarding the above subject if they reside in a different state?
In Virginia, an adult is defined as "Over the age of 18". What precludes this individual from completing high school requirements on his own as a locally enrolled student while living alone?
I am an active duty Army Officer. I am being transferred to Arizona from Virginia. My son, age 18, is exercising his rights as an adult and remaining behind. He is not currently self-sufficient and has not completed high school.
1 Answer from Attorneys
Virginia Education Law
This response to your posting is not considered to be the giving of legal advice or the establishment of an attorney-client relationship. Competent legal advice can only be given upon a fuller statement of facts than is contained in your posting and, in this office, the attorney-client relationship is only undertaken upon the execution of a written fee agreement.
Education in Virginia is governed by Title 22.1 of the Code of Virginia. Code Section 22.1-1 defines a "person of school age" as one between the ages of 5 and 20. Thus, a 20-year old can still obtain education in the Virginia public school system. Attaining the age of 18 is insignificant as far as entitlement to attend school in Virginia is concerned. Virginia Code Section 22.1-254 imposes on parents the obligation to keep children between the ages of 5 and 18 in school; after the child turns 18, or if he is sooner emancipated, the parent is relieved of that obligation. Accordingly, if your child is over 18 but less than 20, you are no longer under an obligation to ensure that he stays in school.
The real question may be whether he's entitled to a free public education in Virginia schools under Virginia Code Section 22.1-3. It may be that your son could remain in the Virginia public school system under Virginia Code Section 22.1-5, but would have to pay tuition for the privilege.
Good luck!
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