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Developed and maintained by the Division of Legislative Automated Systems.
1997 SESSION
971699260Be 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.