2006 Code of Virginia § 22.1-3.4 - Enrollment of certain children placed in foster care

22.1-3.4. Enrollment of certain children placed in foster care.

A. Whenever a student has been placed in foster care by a local socialservices agency and the placing social services agency is unable to produceany of the documents required for enrollment pursuant to 22.1-3.1,22.1-270, or 22.1-271.2, the student shall immediately be enrolled; however,the person enrolling the student shall provide a written statement that, tothe best of his knowledge, sets forth (i) the student's age (ii) compliancewith the requirements of 22.1-3.2, and (iii) that the student is in goodhealth and is free from communicable or contagious disease.

B. The sending and receiving school divisions shall cooperate in facilitatingthe enrollment of any child placed in foster care across jurisdictional linesfor the purpose of enhancing continuity of instruction. The sending schooldivision and the receiving school division may agree to allow the child tocontinue to attend the school in which he was enrolled prior to the mostrecent foster care placement, upon the agreement of the placing socialservices agency that such attendance is in the best interest of the child.

C. In the event the student is allowed to continue to attend the school inwhich he was enrolled prior to the most recent foster care placement, thereceiving school division shall be accorded foster children educationpayments pursuant to 22.1-101.1; further, the receiving school division mayenter into financial arrangements with the sending school division pursuantto subsection C of 22.1-5. Under no circumstances shall a child placed infoster care be charged tuition regardless of whether such child is attendingthe school in which he was enrolled prior to the most recent foster careplacement or attending a school in the receiving school division.

D. For the purposes of subsections A, B, and C:

"A child or student placed in foster care" means a pupil who is thesubject of a foster care placement through an entrustment or commitment ofsuch child to the local social services board or licensed child-placingagency pursuant to clause (ii) of the definition of "foster care placement"as set forth in 63.2-100.

For the purposes of this section:

"Receiving school division" means the school division in which theresidence of the student's foster care placement is located.

"Sending school division" means the school division in which the studentlast attended school.

E. Notwithstanding the provisions of subsections A, B, and C or 22.1-3 or22.1-5, no person of school age who is the subject of a foster careplacement, as such term is defined in 63.2-100, shall be charged tuition.

(2005, c. 343.)