22.1-209.1:2 - Regional alternative education programs for certain students - Virginia Statutes

§ 22.1-209.1:2. Regional alternative education programs for certain students.

A. With such funds as may be appropriated for this purpose, the Board ofEducation shall establish a program consisting of regional alternativeeducation options for elementary, middle, and high school students incompliance with subdivision D 7 of § 22.1-253.13:1 who (i) have committed anoffense in violation of school board policies relating to weapons, alcohol ordrugs, or intentional injury to another person, or against whom a petition orwarrant has been filed alleging such acts or school board charges allegingsuch policy violations are pending; (ii) have been expelled from schoolattendance or have received one suspension for an entire semester, or havereceived two or more long-term suspensions within one school year; or (iii)have been released from a juvenile correctional center and have beenidentified by the Superintendent of the Department of Correctional Educationand the relevant division superintendent as requiring a regional alternativeeducation program. Based on available space, a student may also beadministratively assigned to a regional alternative education program eitherat the request of the parent and with the consent of the divisionsuperintendent or by the division superintendent after written notice to thestudent and his parent. Such notice of the opportunity for the student and/orhis parent to participate in a hearing conducted by the divisionsuperintendent or his designee regarding such placement shall be issued andthe assignment shall be final unless altered by the school board, upon timelywritten petition, in accordance with regulations of the school board, by thestudent or his parent, for a review of the record by the school board.However, no child shall be assigned to any regional alternative educationprogram described in this section for more than one school year without anannual assessment of the placement to determine the appropriateness oftransitioning the child into the school division's regular program.

B. Applications for grants shall include the following components:

1. An agreement executed by two or more school divisions and approval oftheir respective governing bodies to offer a regional alternative educationoption as provided in subsection A, and a plan for the apportionment ofresponsibilities for the administration, management, and support of theprogram, including, but not limited to, the facilities and location for theprogram, daily operation and oversight, staffing, instructional materials andresources, transportation, funding and in-kind services, and the program ofinstruction.

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 chargeor control of a child placed in the program.

3. An interagency agreement for cooperation executed by the local departmentsof health and social services or welfare; the juvenile and domestic relationsdistrict court; law-enforcement agencies; institutions of higher educationand other postsecondary training programs; professional and communityorganizations; the business and religious communities; dropout prevention andsubstance abuse prevention programs; community services boards located in theapplicants' respective jurisdictions; and the Department of CorrectionalEducation.

4. A curriculum developed for intensive, accelerated instruction designed toestablish high standards and academic achievement for participating students.

5. An emphasis on building self-esteem and the promotion of personal andsocial responsibility.

6. A low pupil/teacher ratio to promote a high level of interaction betweenthe students and the teacher.

7. An extended day program, where appropriate, to facilitate remediation;tutoring; counseling; organized, age-appropriate, developmental education forelementary and middle school children; and opportunities that enhanceacculturation and permit students to improve their social and interpersonalrelationship skills.

8. Community outreach to build strong school, business, and communitypartnerships, and to promote parental involvement in the educational processof participating children.

9. Specific, measurable goals and objectives and an evaluation component todetermine the program's effectiveness in reducing acts of crime and violenceby students, the dropout rate, the number of youth committed to juvenilecorrectional centers, and recidivism; and in increasing the academicachievement levels and rehabilitative success of participating students,admission to institutions of higher education and other postsecondaryeducation and training programs, and improving staff retention rates.

10. The number of children who may be assigned to the regional alternativeeducation program during the school year.

11. A plan for transitioning the enrolled students into the relevant schooldivision's regular program.

12. A current program of staff development and training.

C. Beginning with the first year of program implementation, the Department ofEducation shall be entitled to deduct annually from the locality's share forthe education of its students a sum equal to the actual local expenditure perpupil for the support of those students placed by the relevant schooldivision in any such program. The amount of the actual transfers shall bebased 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 anoffense in violation of school board policies, which school officialsdetermine was committed without the willful intent to violate such policies,or when the offense did not endanger the health and safety of the individualor other persons, of the nature of the offense no later than two school daysfollowing its occurrence. A school board shall require the principal of theschool where the child is in attendance or other appropriate school personnelto develop appropriate measures, in conjunction with the pupil's parent orguardian, for correcting such behavior.

E. For the purposes of this section, "regional alternative educationprogram" means a program supported and implemented by two or more schooldivisions which are either geographically contiguous or have a community ofinterest.

F. For the purposes of this section, "one school year" means no more than180 teaching days.

(1993, cc. 819, 856; 1994, c. 762; 1995, c. 533; 1996, cc. 755, 914; 2000, c.739; 2004, cc. 939, 955; 2009, cc. 792, 802; 2010, c. 61.)