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1995 SESSION
LD0864264Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia is amended by adding in Title 22.1 a chapter numbered 13.3, consisting of sections numbered 22.1-253.14, 22.1-253.15, and 22.1-253.16, as follows:
§ 22.1-253.14. Substantial impairment of quality education; standards; determinations.
A. The Superintendent of Public Instruction shall include in the educational performance criteria developed pursuant to § 22.1-253.13:3 standards for determinations of substantial impairment of quality education. The Superintendent of Public Instruction shall provide a statement of these standards to each school division.
The notification of school divisions of any failure to meet minimum performance criteria pursuant to § 22.1-253.13:3 shall include an indication of whether such failure constitutes a substantial impairment of quality education.
§ 22.1-253.15. Opportunity for hearing and comment to address determination of impairment.
Pursuant to regulations to be promulgated by the Board of Education, those schools that have demonstrated a substantial impairment of quality of education shall be afforded a comment and hearing procedure to address the determination of impairment. The procedure shall include an opportunity for public comment and shall provide for the development of recommendations by the Superintendent of Public Instruction and the school to improve the quality of education.
§ 22.1-253.16. Designation as a school in crisis.
Upon a determination by the Superintendent of Public Instruction that the recommendations to address impairment of quality of education have not been satisfactorily implemented by the beginning of the academic year following the determination of substantial impairment or that the impairment will not be remedied within the academic year following such determination, the Superintendent of Public Instruction shall declare the affected school to be a school in crisis. From such funds as may be appropriated, the Department of Education shall provide technical assistance, additional educational resources, and funding to such school and may place personnel in the school to assist and monitor the implementation of an emergency plan to meet the educational needs of pupils enrolled in the school. Consistent with such regulations as may be adopted by the Board, the Board may initiate other steps as may be appropriate to assist the affected school, including the recommendation of temporary or permanent suspension from employment of administrative, instructional, and other personnel from the school, and may pursue other actions as authorized by § 22.1-253.13:8.