PRINCE EDWARD — The numbers aren’t huge, but parents are continuing to seek religious exemptions from public education.

Virginia, one of the few states that offer such an option, allows those with strong religious beliefs to seek an exemption from compulsory attendance. It differs from the home school option where pupils must be tested and still reach learning milestones. Once a local school board approves a religious exemption for a child, they do not have to reach any performance benchmarks.

Requests routinely come before school boards across the state for approval, but are they doing it correctly?

Prince Edward School Board member Dr. Lawrence Varner raised the issue at the school board’s December meeting when he offered a report from a session of the Virginia School Boards Association annual convention on religious exemptions presented by an attorney.

“…He’s a child advocate,” Dr. Varner recalled. “And pretty much he told us that every school board in the state of Virginia is doing it incorrectly—that the law says, and I made copies for everyone…that a school board shall excuse from any attendance any pupil, and he underlines any pupil, who together with his parents. We’ve been focusing on parents, but the law is actually any pupil who together with his parents. And the concern is what’s gonna happen when these kids who are 18, 19, 20, 21, decide that, hey, the school system’s neglected me and I wanted to go to school and they didn’t let me in.”

That, Dr. Varner continued “is his point. We could potentially be liable. Whether we are or not, who knows? But what he’s pushing is that we at some point should be asking the kids. It’s up to us to decide whether we do that and when. But at some point, whether we decide at age ten, age 11…12, 13, but at some point, once a year, we should be asking the kids—whether a written statement from the kids, or…just a face to face, is this what you want?”

The numbers aren’t huge for any of the area schools. Prince Edward Division Superintendent Dr. David Smith confirmed that 12 children are religiously exempt in Prince Edward. Cumberland school officials confirmed that there are 16 in that county from nine families. In Buckingham, there are 48 children.

They must all go before the school board for approval, but in Buckingham and Cumberland, they give a single approval and do not have to make annual requests. Once exempt, they’re exempt. Prince Edward has an annual approval process.

“…Virginia is very different from any other state,” Dr. Varner continued. “He said there are three states that have religious exemptions, but the other two states require the students to at least have home schooling. Virginia does not.”

Dr. Smith later noted that “there are other interpretations of that, but we’re taking a look at our practices right now in light of the comments that were made at the Williamsburg state retreat…and make sure that we’re in full compliance.”

He added that he’s looking at their current practices to be sure they are fully aligned with policy and the legal requirements.

Chairman Russell Dove confirmed Thursday they haven’t gotten back to it yet.

Virginia has compulsory attendance for students, but also provides for some exceptions, according to information from the State Department of Education’s website. Parents and guardians are required to have children that have reached their fifth birthday on or before September 30 and those not reaching their 18^th birthday to send the child to public school “or to a private denominational, or parochial school or have such child taught by a tutor or teacher of qualifications prescribed by the Board of Education and approved by the division superintendent, or provide for home instruction of such child…”

Parents have the option of sending their child to an alternative program of study or work/study offered by a public, private, denominational, or parochial school or by public or private degree granting institution of higher education.

State attendance laws deal with a wide range of areas, from educating those who are incarcerated below the age of 18, providing exceptions when it’s determined that the pupil cannot benefit from education at such school and outlines powers to suspend or expel students from school attendance or to require that they attend an alternative educational program.

State law also provides—separately from the religious exemption option—a home schooling option for children in the same age group. A parent must hold a high school diploma or be a teacher per board of education, provide a program of study or curriculum that may be delivered through a correspondence course or distance learning or other manner, and give evidence that they are able to provide an adequate education.

Parents electing the option are to provide an annual notice no later than August 15, provide a description of the curriculum, limited to a list of subjects to be studied, and evidence of having met one or the criteria for providing home instruction.

Those that home school their children must show that the child is learning—evidence that the child has attained a composite score as specified on a nationally normed standardized test or an evaluation assessment which the superintendent determines to indicate that the child is achieving an adequate level of educational growth and progress.

If they don’t meet progress, then the program can be placed on probation for a year; if a remediation plan and progress are not met by August 1 of the probationary year, home instruction comes to an end.

It has its hoops, but home schooling is a popular choice. According to State Department of Education statistics, there were 29,886 home school students (compared to only 6,429 home school students) for the 2012-13 school year.

Local home school figures (provided by the individual schools) were highest at Prince Edward, 126. Cumberland has 49, and in Buckingham there are 45 home school students.

Both the numbers of religiously exempt students and home school students are trending up, according to state figures. There were only 16,542 home school students statewide in 2002-03 and 5,479 religiously exempt students.