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2023 SESSION

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23104073D
SENATE BILL NO. 1173 Offered January 11, 2023 Prefiled January 10, 2023 A BILL to amend the Code of Virginia by adding a section numbered 22.1-18.2, relating to Board of Education; advanced academic opportunity programs; guidelines and policies; availability. ---------- Patron-- Dunnavant ---------- Referred to Committee on Education and Health ----------

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 22.1-18.2 as follows:

§ 22.1-18.2. Advanced academic opportunity programs; guidelines and policies; availability.

A. As used in this section:

"Advanced academic opportunity programs" means any academic program that provides a specialty curriculum that has the goal of promoting accelerated learning and advanced academic standing. Such programs include magnet school programs, language immersion programs, visual or performing arts programs, career and technical aptitude programs, and leadership and enrichment programs.

"Eligible student" means any student who has demonstrated an ability to participate and succeed in advanced academic opportunities, as determined by (i) such student's performance on a merit-based application, (ii) such student's aptitude based on grades or exam results, or (iii) the recommendation of a teacher.

B. The Board shall develop guidelines for the administration and availability of advanced academic opportunity programs offered at the secondary school level. Such guidelines shall (i) require any advanced academic opportunity program offered at any public secondary school in the Commonwealth to accept any eligible student and (ii) prohibit the imposition of arbitrary class sizes or any other limitation that would impede the access of any otherwise eligible student to such program.

C. Each local school board shall develop and adopt policies in accordance with the guidelines developed by the Board pursuant to subsection B for the administration and availability of advanced academic opportunity programs offered at any public secondary school in such school division. Each local school board's policies shall be at least as rigorous as but may be more comprehensive than the guidelines developed by the Board pursuant to subsection B.

2. That the Board of Education shall develop and make available to each local school board the guidelines for advanced academic opportunity programs as required by this act no later than the beginning of the 2023–2024 school year.

3. That each local school board shall develop and implement policies for advanced academic opportunity programs consistent with the guidelines developed by the Board of Education as required by this act no later than the beginning of the 2025–2026 school year.