Students enrolled in Henrico County Public Schools are expected to attend the schools within their zone of residency unless they have been accepted to either an HCPS regional or divisionwide educational program. Parents and guardians may only apply for a variance within stated deadlines to request that their children attend a school outside their attendance zone for reasons allowed by HCPS policies and regulations.

The HCPS variance policies and regulations below describe reasons Henrico County residents and nonresidents may request a variance:

• Policy P6-03-011, “School Assignment/Variance Procedures”

• Regulation P6-03-011-R, “School Assignment/Variance Procedures”

• Policy P6-03-004, “Admission of Nonresidents to Henrico County Public Schools”

• Regulation P6-03-004-R, “Admission of Nonresidents to Henrico County Public Schools”

These are the reasons for which variance requests are considered: 

• Childcare provided by a family member who lives in the attendance zone of the requested school (grades K-5). 

• Move within HCPS during the school year.

• Move within HCPS during the summer (grades 4, 7, 10 or 11).

• Plan to move to Henrico County or within HCPS (within 90 days). 

• Relocation due to military orders or deployment.

• Documented medical reason that the home school cannot accommodate.

• To attend school at or school closest to HCPS employee’s work location. Employee must have physical and legal custody of child.

• To remain at a school if a student withdraws from a specialty center/program after grade 7 or 11. 

• To remain at a school is a student is no longer eligible for a specialized program per his/her IEP after grade 4, 7 or 11.

For students currently enrolled in HCPS and employees currently working for HCPS, variance requests for the next school year must be submitted during the second semester of the current school year and no later than the last school day of the school year. See HCPS school calendar for related dates. 

Variance requests may be submitted after the deadline each school year in the following circumstances:  

• Families who move to Henrico County after the last school day must enroll their child in their school of residence and have 30 calendar days following the date of enrollment to submit a completed variance request form to their school of residence.

• HCPS employees who are hired after the last school day may submit variance requests within 30 calendar days of their hire date.

• Families who move within Henrico County during the school year may submit a variance to request that students finish the school year at the school where they began the school year.

• Families who move outside of Henrico County after a student’s junior year may apply for a variance to request that the student complete 12th grade at the HCPS school. Nonresident student tuition is charged. 

• If a student withdraws from a specialty center/program during grade 8 or 12, a variance may be requested to complete the school year at the out-of-zone school. 

• If a student is no longer eligible for a specialized program per his/her IEP after grade 4, 7, or 11, a variance may be requested to complete grade 5, 8, or 12 at the out-of-zone school.

To request a variance that meets the criteria listed in HCPS policies and regulations, parents and legal guardians should submit a completed variance request form to the principal of their child’s school. Students must be enrolled in their HCPS school of residence before a variance request may be submitted.  

Some variance requests require additional documentation to be submitted with the variance application:

• To request a variance for a family member to provide child care, the Family Member Childcare Variance Supplemental Form must also be submitted to the home school.

• To request a variance for a documented medical need, submit to the student’s current school at least one recent letter from a doctor (a mental health doctor if a psychological or psychiatric reason is cited) and a signed Release/Exchange of Confidential Information.

• To request a variance to attend a school in the zone where a family is contracted to move within 90 days, submit a copy of a legally binding contract for the construction or completion of an apartment or home, or the lease or purchase agreement of an apartment or home. Submitted documents must be signed by all parties and free of contingencies.

Nonresident HCPS employees who work in a permanent full-time position, permanent part-time position or temporary position that is benefits-eligible, may apply for a tuition-based variance to request that their child(ren) attend the school where they work or the school closest to their work location. See HCPS Regulation P6-03-004R for more information about the admission of nonresident students.

The nonresident HCPS employee variance application must be completed by the employee who is requesting the variance. The employee must live with and have legal custody of the child.  

The nonresident student per capita tuition rate for each school year is approved by the Henrico School Board during the budget process. For the 2023-24 school year, the Henrico School Board has approved the waiver of nonresident student per capita tuition (approximately $6,000) for the children of nonresident HCPS employees who enroll in Henrico County Public Schools pursuant to an approved variance. Pursuant to HCPS Policy P6-03-004 and Section 22.1-5 of the Code of Virginia, families of nonresident students attending HCPS schools on an approved variance will be charged the actual cost of special education services and gifted and talented services.

Variance requests involving a move must be accompanied by proof of residency. Pursuant to HCPS Policy P6-03-002, “within 10 business days of a change in domicile (recent move), the parent/legal guardian shall be required to provide valid and current residency documentation to each school in which they have a child enrolled.” If a family is found to be out of compliance with residency guidelines, they are ineligible to apply for a variance (see HCPS Regulation 06-03-011-R).

Pursuant to § 22.1-264.1 of the Code of Virginia, any person who knowingly makes a false statement concerning the residency of a child, as determined by § 22.1-3, in a particular school division or school attendance zone, for the purpose of (1) avoiding the tuition charged authorized by § 22.1-5 or (2) enrollment in a school outside the attendance zone in which the student resides, shall be guilty of a Class 4 misdemeanor. False statements concerning residency may result in criminal charges, liability for the cost of nonresident tuition, and/or immediate withdrawal from the school or school division. 

1. A principal may only grant a variance that is expressly permitted per HCPS policies and regulations.

2. A student must be enrolled in his/her HCPS school of residence before a family can submit a variance request. (Families who want to request a variance for a future move to Henrico County should contact their future HCPS school of residence regarding enrollment and variances.)

3. To be eligible for a variance request, the student and parent/legal guardian must be in and remain in“good standing.” Good standing includes regular, prompt, full-day school attendance; academic effort and assignment completion; adherence to school rules and the HCPS Student Code of Conduct; and compliance with all HCPS residency requirements.

4. Families who are not in compliance with residency requirements are not eligible to submit a variance request. Address changes must be reported to the school within 10 schooldays of a move. (See HCPS Regulation P6-03-002-R, Verifying Residency/Reporting Address Changes)

5. Residency documentation is required for a variance request that involves a move. Variances may only be granted one time per move.

6. Placements based on academic programs or exceptional education services are not variances and will be handled by the appropriate director in school leadership or the Department of Exceptional Education.

7. Variances are granted for only one school year on a space-available basis of the school and/or grade level. Variances will not be approved for schools that are over capacity.

8. Transportation on HCPS buses is not permitted for students with an approved variance. It is the responsibility of parents/legal guardians to provide transportation to and from school. (Exception: HCPS transportation for JROTC is provided to school closest to student residence.)

9. Principals may not approve variances for students to attend commercial daycare in their school zone.

10. Variances are not approved for a student to attend an out-of-zone school with a sibling who is accepted to an academic program or eligible for an exceptional education program per an IEP.

11. Pre-K students are not eligible for a variance to remain at the school where they attended pre-K if it is not their home school.

12. Variances are not provided for remote virtual school attendance.

13. Variances are not approved to remain at a school if a student is no longer enrolled in Specialty Center, IB program or JROTC. (Exception: Grade 8 or 12)

14. Variances are not approved to remain at a school if a student is no longer eligible for a special education program per his/her IEP. (Exception: Grades 5, 8, 12)

15. Students may not transfer from one JROTC program or specialty program to another.

16. An approved variance may be revoked by the school principal or Variance Office for noncompliance with variance requirements and guidelines.

17. For questions about variance requests, please contact your child’s school or email the HCPS Variance Office at Variances@henrico.k12.va.us.