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1997 SESSION
971663260Patrons-- Hall, Christian, Cooper, Cunningham, Hamilton, Howell, Van Landingham and Van Yahres; Senators: Colgan, Houck, Howell, Lambert, Trumbo and Woods
Be it enacted by the General Assembly of Virginia:
1. That § 22.1-209.1:2 of the Code of Virginia is amended and reenacted as follows:
§ 22.1-209.1:2. (Effective until July 1, 1997) Alternative education programs for certain students.
A. With such funds as may be appropriated for this purpose, the Board of
Education shall establish a program consisting of alternative education options
for school-age children in compliance with subdivision D 8 of §
22.1-253.13:1 who (i) have committed an offense in violation of school board
policies relating to weapons, alcohol or drugs, or intentional injury to
another person, or against whom a petition or warrant has been filed alleging
such acts or school board charges alleging such policy violations are pending;
(ii) have been expelled from school attendance or have received one suspension
for an entire semester, or have received two or more long-term suspensions
within one school year; or (iii) have been released from a juvenile
correctional center and have been identified by the Superintendent of the
Department of Correctional Education and the relevant division superintendent
as requiring an alternative education program. However, no child shall be
assigned to any alternative education program described in this section for
more than one school year without an annual assessment of the placement to
determine the appropriateness of transitioning the child into the school
division's regular program. On and after July 1, 1994, the
The program shall consist of up to ten regional
pilot projects; any additional pilot projects shall be
sites located in regions throughout the state to provide
greater geographical distribution of such projects
programs. All such projects shall be awarded on a competitive
basis to applicants responding to requests for proposals, giving priority in
awarding any new sites, to the extent practicable, to applicants in areas with
high student suspension and expulsion rates that meet the requirements in
subsection B of this section. However, a school board
shall be permitted to establish a local alternative education program if the
physical location of the school division or
its surrounding natural geographical terrain
impedes participation in a regional alternative education
program, and such local program complies with Board of Education
regulations governing such alternative
education programs. The Board of Education shall promulgate
regulations for the implementation of the program.
B. Upon the appropriation of funds for the purposes of this section, the
Department of Education shall issue a request for proposals for regional
projects to pilot selected alternative education options by July 1, 1993. The
first such grants shall be awarded by August 20, 1993. Applications for grants
each school division participating in a regional alternative
education program, and each school division approved by the Board to
establish a local alternative education program, shall
submit to the Board of Education in accordance with the schedule and
by the date specified by the Board, a plan
which shall include the following components:
1. An agreement executed by two or more school divisions and approval of their
respective governing bodies to pilot an a regional
alternative education option program as provided in
subsection A, and a plan method for the apportionment of
responsibilities for the administration, management, and support of the
program, including, but not limited to, the facilities and location for the
program, daily operation and oversight, staffing, instructional materials and
resources, transportation, funding and in-kind services, and the program of
instruction. In the case of a school division which
has been approved to establish a local alternative education
program, the school division shall present an agreement executed by the school
board and the governing body of such school division,
approving the development of a local alternative
education program. Such school division shall submit a plan which
conforms, as applicable, to the plan required for a
regional alternative education program.
2. A procedure for obtaining the participation in or support for the program, as may be determined, of the parents, guardian or other person having charge or control of a child placed in the program.
3. An interagency agreement for cooperation executed by the local departments of health and social services or welfare; the juvenile and domestic relations district court; law-enforcement agencies; institutions of higher education and other post-secondary training programs; professional and community organizations; the business and religious communities; dropout prevention and substance abuse prevention programs; community services boards located in the applicants' respective jurisdictions; and the Department of Correctional Education.
4. A curriculum developed for intensive, accelerated instruction designed to establish high standards and academic achievement for participating students.
5. An emphasis on building self-esteem and the promotion of personal and social responsibility.
6. A low pupil-teacher ratio to promote a high level of interaction between the students and the teacher.
7. An extended day program, where appropriate, to facilitate remediation; tutoring; counseling; organized, age-appropriate, developmental education for elementary and middle school children; and opportunities that enhance acculturation and permit students to improve their social and interpersonal relationship skills.
8. Community outreach to build strong school, business, and community partnerships, and to promote parental involvement in the educational process of participating children.
9. Specific, measurable goals and objectives and an evaluation component to determine the program's effectiveness in reducing acts of crime and violence by students, the dropout rate, the number of youth committed to juvenile correctional centers, and recidivism; and in increasing the academic achievement levels and rehabilitative success of participating students, admission to institutions of higher education and other post-secondary education and training programs, and improving staff retention rates.
10. The number of children who may be assigned to the regional pilot
alternative education program during the school year.
11. A plan procedure for transitioning the enrolled
students into the relevant school division's regular program.
12. A current program of staff development and training.
C. Beginning with the first year of program implementation, the Department of
Education shall be entitled to deduct annually from the locality's share for
the education of its students a sum equal to the actual local expenditure per
pupil for the support of those students placed by the relevant school division
in any such pilot regional alternative
education program. The amount of the actual transfers shall be based on
data accumulated during the prior school year.
D. A school board shall require written notification to the pupil's parent,
guardian, or other person having charge or control, when a pupil commits an
offense in violation of school board policies, which when
school officials determine that such violation was committed without
the willful intent to violate such policies, or when the offense did not
endanger the health and safety of the individual or other persons, of the
nature of the offense no later than two school days following its occurrence.
A school board shall require the The principal of the
school alternative education program or his
designee, where the child is in attendance or other
appropriate school personnel of the local or
regional alternative education
program, where the child is in
attendance, to shall develop
appropriate measures, in conjunction with the pupil's parent or guardian, for
correcting such behavior.
E. The Board shall require submission of interim evaluation reports
of each pilot local and regional
alternative education program biannually and shall
compile these collect such data,
reports, and other program materials and report the status of
such programs on a periodic basis, as may be established, during the 1993
legislative interim to the Special Joint Subcommittee on School Crime and
Violence. which shall be used for the statewide
evaluation of program effectiveness, needs,
and projected costs, and the
assessment of the educational needs of
students attending such programs. The Board shall
report the statewide evaluation effectiveness of such
programs and their components the assessment of the educational
needs of such students annually to the Governor and the General
Assembly beginning by December 1, 1994.
F. For the purposes of this section, "local alternative education program" means an approved program implemented and supported by a local school division in which the physical location of the school division or its surrounding natural geographical terrain impedes participation in a regional alternative education program.
FG. For the purposes of this section, "regional
pilot alternative education program" means a program
supported and implemented by two or more school divisions which are either
geographically contiguous or have a community of interest to provide
instruction for students who have been suspended or expelled from school
attendance, or who have been released from a juvenile correctional
center.
GH. For the purposes of this section, "one school year"
means no more than 180 teaching days.
2. That the second enactment of Chapter 819 of the Acts of Assembly of 1993 is repealed.
3. That the second enactment of Chapter 856 of the Acts of Assembly of 1993 is repealed.