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1997 SESSION

971699260
HOUSE BILL NO. 2151
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the House Committee on Education
on January 24, 1997)
(Patron Prior to Substitute--Delegate Hall)
A BILL to amend and reenact § 22.1-209.1:2 of the Code of Virginia and to repeal the second enactments of Chapters 819 and 856 of the Acts of Assembly of 1993, relating to alternative education programs.

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. 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 excluded or 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 been suspended for more than ten days; 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 local and 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.

B. A school board shall be permitted to establish a local alternative education program, pursuant to this section, 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. However, any school board participating in a regional alternative education program before July 1, 1997, shall not be eligible to establish a local alternative education program, unless the school board meets the criteria required for the establishment of a local alternative education program. The Board of Education shall promulgate regulations for the implementation of the program.

B. C. 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 board participating in a local or regional 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 boards and approval of their respective governing bodies to pilot an develop 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. If a school board has been approved to establish a local alternative education program, the school board 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 board 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 and 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 where the child is in attendance alternative education program or his designee, or other appropriate school personnel to of the local or regional alternative education program, which the child attends, 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. as 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 effectiveness statewide evaluation 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. As used in this section:

"Local alternative education program" means an approved program (i) implemented and supported by a local school division to provide instruction for students who have been suspended for more than ten days, excluded or expelled from school attendance, or who have been released from a juvenile correctional center and (ii) located in a school division whose physical location or surrounding natural geographical terrain impedes participation in a regional alternative education program.

F. For the purposes of this section, "regional pilot program" means a program supported and implemented by two or more school divisions which are either geographically contiguous or have a community of interest.

G. For the purposes of this section, "one school year" means no more than 180 teaching days.

"One school year" means no more than 180 teaching days.

"Regional alternative education program" means a program supported and implemented by two or more school divisions, which are either geographically contiguous or which have a community of interest, to provide instruction for students who have been suspended for more than ten days, excluded or expelled from school attendance, or who have been released from a juvenile correctional center.

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.