2006 Code of Virginia § 22.1-269.1 - Alternative attendance programs

22.1-269.1. Alternative attendance programs.

A. The Board of Education shall promulgate regulations for the voluntaryparticipation of school divisions in programs to allow each school-age childto receive educational services at another public school, either in thedivision in which the child resides or in another division, as selected bythe child's parent or guardian. Each public school in a school divisionparticipating in an alternative attendance program shall be eligible toparticipate in an alternative attendance program unless exceptionalcircumstances, as defined by the Board of Education, render the participationof the school contrary to public interest.

B. The Board's regulations shall be promulgated under the provisions of theAdministrative Process Act ( 2.2-4000 et seq.) and shall include, but shallnot be limited to, provisions which address the following: the requiredacknowledgement by a local school of its decision to participate in analternative attendance program, including school board resolutions forintradistrict programs and agreements between divisions participating ininterdistrict programs; the equitable allocation of places to accommodatestudents when there are insufficient places to serve such students;transportation and school bus scheduling needs within the local schooldivisions; school enrollment capacity, class size, pupil-teacher ratios, andstaffing levels for related instructional, administrative, and supervisorypersonnel as required by the Standards of Quality and the Standards forAccrediting Public Schools; the adequacy of school resources to accommodatean increase in student enrollment, grade level designations, and courseofferings; the enrollment of students whose education is subject to anindividualized education plan (I.E.P.) as required under P.L. 94-142 asamended; the preservation of the uniqueness of schools established forparticular educational purposes; the fiscal impact of accommodating parentalpreference on local school divisions; in the case of interdistrict attendanceprograms, the establishment of tuition charges authorized by 22.1-5; andthe need to maintain racial balance in the public schools. The regulationsshall also establish the value of educational services, based onconsideration of per pupil expenditures and state aid in the affected school. Any local school board which has been ordered by a state or federal court toachieve racial balance in its public schools shall maintain such racialbalance when accommodating preference in the assignment of children to aschool.

C. From such funds as may be appropriated, the Board shall provide for theindependent evaluation of this alternative attendance program and shallsubmit the evaluation to the Governor, the Senate, and the House of Delegatesby January 1 of each year.

(1993, c. 947.)