2006 Code of Virginia § 22.1-5 - Regulations concerning admission of certain persons to schools; tuition charges

22.1-5. Regulations concerning admission of certain persons to schools;tuition charges.

A. Consistent with Article VIII, Section 1 of the Constitution of Virginia,no person may be charged tuition for admission or enrollment in the publicschools of the Commonwealth, whether on a full-time or part-time basis, whomeets the residency criteria set forth in 22.1-3. No person of school ageshall be charged tuition for enrollment in a general education development oralternative program offered as a regional or divisionwide initiative by thelocal school division in which such person is deemed to reside pursuant to 22.1-3. Further, no person of school age shall be denied admission or chargedtuition when (i) such person's custodial parent has been deployed outside theUnited States as a member of the Virginia National Guard or as a member ofthe United States Armed Forces; (ii) such person's custodial parent hasexecuted a Special Power of Attorney under Title 10, United States Code, 1044b providing for the care of the person of school age by an individual whois defined as a parent in 22.1-1 during the time of his deployment outsidethe United States; and (iii) such person has been attending a public schoolin this Commonwealth while residing with his custodial parent. The person ofschool age shall be allowed to attend a school in the school division inwhich the individual providing for his care, pursuant to the Special Power ofAttorney under Title 10, United States Code, 1044b, resides or, whenpracticable, to continue to attend the school in which he was enrolled whileresiding with his custodial parent.

The following persons may, however, in the discretion of the school board ofa school division and pursuant to regulations adopted by the school board, beadmitted into the public schools of the division and may, in the discretionof the school board, be charged tuition:

1. Persons who reside within the school division but who are not of schoolage.

2. Persons of school age who are residents of the Commonwealth but who do notreside within the school division, except as provided in this section.

3. Persons of school age who are attending school in the school divisionpursuant to a foreign student exchange program approved by the school board.

4. Persons of school age who reside beyond the boundaries of the Commonwealthbut near thereto in a state or the District of Columbia which grants the sameprivileges to residents of the Commonwealth.

5. Persons of school age who reside on a military or naval reservationlocated wholly or partly within the geographical boundaries of the schooldivision and who are not domiciled residents of the Commonwealth of Virginia;however, no person of school age residing on a military or naval reservationlocated wholly or partly within the geographical boundaries of the schooldivision may be charged tuition if federal funds provided under P.L. 874 of1950, commonly known as Impact Aid, shall fund such students at not less than50 percent of the total per capita cost of education, exclusive of capitaloutlay and debt service, for elementary or secondary pupils, as the case maybe, of such school division.

6. Persons of school age who, as domiciled residents of the Commonwealth whowere enrolled in a public school within the school division, are required asa result of military or federal orders issued to their parents to relocateand reside on federal property in another state or the District of Columbia,if the school division subsequently enrolling such persons is contiguous tosuch state or District of Columbia.

7. Persons of school age who reside in the school division and who areenrolled in summer programs, exclusive of required remediation as provided in 22.1-253.13:1, or in local initiatives or programs not required by theStandards of Quality or the Standards of Accreditation.

For the purposes of determining the residency of persons described insubdivisions 1 and 2 of this subsection, local school boards shall adoptregulations consistent with the residency requirements regarding personsresiding in housing or temporary shelter, or on property located in multiplejurisdictions, as articulated in 22.1-3.

B. Persons of school age who are not residents of the Commonwealth but areliving temporarily with persons residing within a school division may, in thediscretion of the school board and pursuant to regulations adopted by it, beadmitted to the public schools of the school division. Tuition shall becharged such persons.

C. No tuition charge authorized or required in this section shall exceed thetotal per capita cost of education, exclusive of capital outlay and debtservice, for elementary or secondary pupils, as the case may be, of suchschool division and the actual, additional costs of any special education orgifted and talented program provided the pupil, except that if the tuitioncharge is payable by the school board of the school division of the pupil'sresidence pursuant to a contract entered into between the two school boards,the tuition charge shall be that fixed by such contract.

D. School boards may accept and provide programs for students for whomEnglish is a second language who entered school in Virginia for the firsttime after reaching their twelfth birthday, and who have not reached 22 yearsof age on or before August 1 of the school year. No tuition shall be chargedsuch students, if state funding is provided for such programs.

(Code 1950, 22-218.3, 22-219, 22-220; 1958, c. 628; 1959, Ex. Sess., c.81, 1; 1964, c. 192; 1968, c. 178; 1976, cc. 681, 713; 1978, c. 140; 1980,c. 559; 1981, c. 342; 1993, c. 293; 1994, c. 887; 1999, cc. 394, 443, 465,988; 2000, c. 253; 2004, c. 967.)