2006 Code of Virginia § 22.1-7 - Responsibility of each state board, agency and institution having children in residence or in custo...

22.1-7. Responsibility of each state board, agency and institution havingchildren in residence or in custody.

Each state board, state agency and state institution having children inresidence or in custody shall have responsibility for providing for theeducation and training to such children which is at least comparable to thatwhich would be provided to such children in the public school system. Suchboard, agency or institution may provide such education and training eitherdirectly with its own facilities and personnel in cooperation with the Boardof Education or under contract with a school division or any other public orprivate nonreligious school, agency or institution. The Board of Educationshall supervise the education and training provided to school-age residentsin state mental retardation facilities and provide for and direct theeducation for school-age residents in state mental health facilities incooperation with the Department of Mental Health, Mental Retardation andSubstance Abuse Services. The Board shall prescribe standards and regulationsfor all such education and training provided directly by a state board, stateagency or state institution. Each state board, state agency or stateinstitution providing such education and training shall submit annually itsprogram therefor to the Board of Education for approval in accordance withregulations of the Board. If any child in the custody of any state board,state agency or state institution is a child with disabilities as defined in 22.1-213 and such board, agency or institution must contract with a privatenonreligious school to provide special education as defined in 22.1-213 forsuch child, the state board, state agency or state institution may proceed asa guardian pursuant to the provisions of subsection A of 22.1-218.

(Code 1950, 22-9.1:04; 1972, c. 603; 1974, c. 480; 1980, c. 559; 1985, c.207; 1994, c. 854; 2005, c. 928.)