{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/22.1-101.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/22.1-101.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/22.1-101.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/22.1-101.1.html"}],"law_id":74908,"edition_id":1,"section_id":74908,"structure_id":14186,"section_number":"22.1-101.1","catch_line":"Increase of funds for certain nonresident students; how increase computed and paid; billing of out-of-state placing agencies or persons","history":"1988, c. 101; 1992, cc. 837, 880; 1994, c. 854; 2014, c. 790; 2023, cc. 148, 149.","full_text":"A\n\nTo the extent such funds are appropriated by the General Assembly, a school division shall be reimbursed for the cost of educating a child who is not a child with disabilities and who is not a resident of such school division under the following conditions:1\n\nWhen such child has been placed in foster care or other custodial care within the geographical boundaries of the school division by a Virginia agency, whether state or local, which is authorized under the laws of the Commonwealth to place children;2\n\nWhen such child has been placed within the geographical boundaries of the school division in an orphanage or children’s home which exercises legal guardianship rights; or3\n\nWhen such child, who is a resident of Virginia, has been placed, not solely for school purposes, in a child-caring institution or group home licensed under the provisions of Chapter 17 (§ 63.2-1700 et seq.) of Title 63.2 which is located within the geographical boundaries of the school division.B\n\nTo the extent such funds are appropriated by the General Assembly, a school division shall be reimbursed for the cost of educating a child with disabilities who is not a resident of such school division under the following conditions:1\n\nWhen the child with disabilities has been placed in foster care or other custodial care within the geographical boundaries of the school division by a Virginia agency, whether state or local, which is authorized under the laws of the Commonwealth to place children;2\n\nWhen such child with disabilities has been placed within the geographical boundaries of the school division in an orphanage or children’s home which exercises legal guardianship rights; or3\n\nWhen such child with disabilities, who is a resident of Virginia, has been placed, not solely for school purposes, in a child-caring institution or group home licensed under the provisions of Chapter 17 (§ 63.2-1700 et seq.) of Title 63.2 which is located within the geographical boundaries of the school division.C\n\nEach school division shall keep an accurate record of the number of days which any child, identified in subsection A or B, was enrolled in its public schools, the required local expenditure per child, the specific disability, if applicable, the placing agency or person and the jurisdiction from which the child was sent. Each school division shall certify this information to the Board of Education by July 1 following the end of the school year in order to receive proper reimbursement. No school division shall charge tuition to any such child.D\n\nWhen a child who is not a resident of Virginia, whether or not such child has a disability, has been placed by an out-of-state agency or a person who is the resident of another state in foster care or other custodial care or in a child-caring institution or group home licensed under the provisions of Chapter 17 (§ 63.2-1700 et seq.) of Title 63.2 located within the geographical boundaries of the school division, the school division shall not be reimbursed for the cost of educating such child from funds appropriated by the General Assembly. The school division in which such child has been enrolled shall bill the sending agency or person for the cost of the education of such child as provided in subsection C of § 22.1-5.\n\t\t\tThe costs of the support and maintenance of the child shall include the cost of the education provided by the school division; therefore, the sending agency or person shall have the financial responsibility for the educational costs for the child pursuant to Article V of the Interstate Compact on the Placement of Children as set forth in Chapters 10 (§ 63.2-1000 et seq.) and 11 (§ 63.2-1100 et seq.) of Title 63.2. Upon receiving the bill for the educational costs from the school division, the sending agency or person shall reimburse the billing school division for providing the education of the child. Pursuant to Article III of the Interstate Compact on the Placement of Children, no sending agency or person shall send, bring, or cause to be sent or brought into the Commonwealth any child for placement unless the sending agency or person has complied with this section by honoring the financial responsibility for the educational cost as billed by a local school division.E\n\nTo the extent that state funds appropriated by the General Assembly pursuant to subsection A or B or other state funds, such as those provided on the basis of average daily membership, do not cover the full cost of educating a child pursuant to this subsection, a school division shall be reimbursed by (i) the school division in which a child’s custodial parent or guardian resides or (ii) in the case of a child who has been placed in the custody of the Department of Social Services, the school division in which the parent or guardian who had custody immediately preceding the placement resides, for any remaining costs of educating such child, whether or not such child has a disability, who has been placed, not solely for school purposes, in (a) foster care or other custodial care within the geographical boundaries of the school division to be reimbursed, or (b) a child-caring institution or group home licensed under the provisions of Chapter 17 (§ 63.2-1700 et seq.) of Title 63.2 that is located within the geographical boundaries of the school division to be reimbursed.","order_by":null,"text":{"0":{"id":269097,"text":"To the extent such funds are appropriated by the General Assembly, a school division shall be reimbursed for the cost of educating a child who is not a child with disabilities and who is not a resident of such school division under the following conditions:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":269098,"text":"When such child has been placed in foster care or other custodial care within the geographical boundaries of the school division by a Virginia agency, whether state or local, which is authorized under the laws of the Commonwealth to place children;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":269099,"text":"When such child has been placed within the geographical boundaries of the school division in an orphanage or children’s home which exercises legal guardianship rights; or","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":269100,"text":"When such child, who is a resident of Virginia, has been placed, not solely for school purposes, in a child-caring institution or group home licensed under the provisions of Chapter 17 (§ 63.2-1700 et seq.) of Title 63.2 which is located within the geographical boundaries of the school division.","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"B"},"4":{"id":269101,"text":"To the extent such funds are appropriated by the General Assembly, a school division shall be reimbursed for the cost of educating a child with disabilities who is not a resident of such school division under the following conditions:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A3","next_prefix":"B1"},"5":{"id":269102,"text":"When the child with disabilities has been placed in foster care or other custodial care within the geographical boundaries of the school division by a Virginia agency, whether state or local, which is authorized under the laws of the Commonwealth to place children;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"6":{"id":269103,"text":"When such child with disabilities has been placed within the geographical boundaries of the school division in an orphanage or children’s home which exercises legal guardianship rights; or","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"7":{"id":269104,"text":"When such child with disabilities, who is a resident of Virginia, has been placed, not solely for school purposes, in a child-caring institution or group home licensed under the provisions of Chapter 17 (§ 63.2-1700 et seq.) of Title 63.2 which is located within the geographical boundaries of the school division.","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"C"},"8":{"id":269105,"text":"Each school division shall keep an accurate record of the number of days which any child, identified in subsection A or B, was enrolled in its public schools, the required local expenditure per child, the specific disability, if applicable, the placing agency or person and the jurisdiction from which the child was sent. Each school division shall certify this information to the Board of Education by July 1 following the end of the school year in order to receive proper reimbursement. No school division shall charge tuition to any such child.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B3","next_prefix":"D"},"9":{"id":269106,"text":"When a child who is not a resident of Virginia, whether or not such child has a disability, has been placed by an out-of-state agency or a person who is the resident of another state in foster care or other custodial care or in a child-caring institution or group home licensed under the provisions of Chapter 17 (§ 63.2-1700 et seq.) of Title 63.2 located within the geographical boundaries of the school division, the school division shall not be reimbursed for the cost of educating such child from funds appropriated by the General Assembly. The school division in which such child has been enrolled shall bill the sending agency or person for the cost of the education of such child as provided in subsection C of § 22.1-5.\n\t\t\tThe costs of the support and maintenance of the child shall include the cost of the education provided by the school division; therefore, the sending agency or person shall have the financial responsibility for the educational costs for the child pursuant to Article V of the Interstate Compact on the Placement of Children as set forth in Chapters 10 (§ 63.2-1000 et seq.) and 11 (§ 63.2-1100 et seq.) of Title 63.2. Upon receiving the bill for the educational costs from the school division, the sending agency or person shall reimburse the billing school division for providing the education of the child. Pursuant to Article III of the Interstate Compact on the Placement of Children, no sending agency or person shall send, bring, or cause to be sent or brought into the Commonwealth any child for placement unless the sending agency or person has complied with this section by honoring the financial responsibility for the educational cost as billed by a local school division.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"10":{"id":269107,"text":"To the extent that state funds appropriated by the General Assembly pursuant to subsection A or B or other state funds, such as those provided on the basis of average daily membership, do not cover the full cost of educating a child pursuant to this subsection, a school division shall be reimbursed by (i) the school division in which a child’s custodial parent or guardian resides or (ii) in the case of a child who has been placed in the custody of the Department of Social Services, the school division in which the parent or guardian who had custody immediately preceding the placement resides, for any remaining costs of educating such child, whether or not such child has a disability, who has been placed, not solely for school purposes, in (a) foster care or other custodial care within the geographical boundaries of the school division to be reimbursed, or (b) a child-caring institution or group home licensed under the provisions of Chapter 17 (§ 63.2-1700 et seq.) of Title 63.2 that is located within the geographical boundaries of the school division to be reimbursed.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":14186,"edition_id":1,"name":"State and Local Funds","identifier":"1","label":"article","depth":3,"order_by":1,"parent_id":13154,"metadata":{},"date_created":"2026-06-26 03:47:11","date_modified":"2026-06-26 03:47:11","permalink":{"id":184215,"object_type":"structure","relational_id":14186,"identifier":"1","token":"22.1\/8\/1","url":"\/22.1\/8\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13154,"edition_id":1,"name":"Public School Funds","identifier":"8","label":"chapter","depth":2,"order_by":1,"parent_id":12823,"metadata":{},"date_created":"2026-06-26 03:44:21","date_modified":"2026-06-26 03:44:21","permalink":{"id":184213,"object_type":"structure","relational_id":13154,"identifier":"8","token":"22.1\/8","url":"\/22.1\/8\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12823,"edition_id":1,"name":"Education","identifier":"22.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:55","date_modified":"2026-06-26 03:43:55","permalink":{"id":180949,"object_type":"structure","relational_id":12823,"identifier":"22.1","token":"22.1","url":"\/22.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":66264,"structure_id":14186,"section_number":"22.1-100","catch_line":"Unexpended school and educational funds; capital reserve fund permitted","url":"\/22.1-100\/","token":"22.1\/8\/1\/22.1-100","metadata":false},{"id":55364,"structure_id":14186,"section_number":"22.1-100.1","catch_line":"Lottery proceeds nonrecurring costs escrow accounts","url":"\/22.1-100.1\/","token":"22.1\/8\/1\/22.1-100.1","metadata":false},{"id":76120,"structure_id":14186,"section_number":"22.1-101","catch_line":"Repealed","url":"\/22.1-101\/","token":"22.1\/8\/1\/22.1-101","metadata":false},{"id":74908,"structure_id":14186,"section_number":"22.1-101.1","catch_line":"Increase of funds for certain nonresident students; how increase computed and paid; billing of out-of-state placing agencies or persons","url":"\/22.1-101.1\/","token":"22.1\/8\/1\/22.1-101.1","metadata":false},{"id":64959,"structure_id":14186,"section_number":"22.1-88","catch_line":"Of what school funds to consist","url":"\/22.1-88\/","token":"22.1\/8\/1\/22.1-88","metadata":false},{"id":57224,"structure_id":14186,"section_number":"22.1-89","catch_line":"Management of funds","url":"\/22.1-89\/","token":"22.1\/8\/1\/22.1-89","metadata":false},{"id":59241,"structure_id":14186,"section_number":"22.1-89.1","catch_line":"Management of cafeteria funds","url":"\/22.1-89.1\/","token":"22.1\/8\/1\/22.1-89.1","metadata":false},{"id":80975,"structure_id":14186,"section_number":"22.1-89.2","catch_line":"Financial records retention and disposition schedule","url":"\/22.1-89.2\/","token":"22.1\/8\/1\/22.1-89.2","metadata":false},{"id":57636,"structure_id":14186,"section_number":"22.1-89.3","catch_line":"Repealed","url":"\/22.1-89.3\/","token":"22.1\/8\/1\/22.1-89.3","metadata":false},{"id":76526,"structure_id":14186,"section_number":"22.1-89.4","catch_line":"Certain policy required; partnerships and sponsorships","url":"\/22.1-89.4\/","token":"22.1\/8\/1\/22.1-89.4","metadata":false},{"id":58133,"structure_id":14186,"section_number":"22.1-90","catch_line":"Annual report of expenditures","url":"\/22.1-90\/","token":"22.1\/8\/1\/22.1-90","metadata":false},{"id":84642,"structure_id":14186,"section_number":"22.1-90.1","catch_line":"Inclusion of instructional spending in the School Performance Report Card","url":"\/22.1-90.1\/","token":"22.1\/8\/1\/22.1-90.1","metadata":false},{"id":84324,"structure_id":14186,"section_number":"22.1-91","catch_line":"Limitation on expenditures; penalty","url":"\/22.1-91\/","token":"22.1\/8\/1\/22.1-91","metadata":false},{"id":77426,"structure_id":14186,"section_number":"22.1-92","catch_line":"Estimate of moneys needed for public schools; notice of costs to be distributed","url":"\/22.1-92\/","token":"22.1\/8\/1\/22.1-92","metadata":false},{"id":85064,"structure_id":14186,"section_number":"22.1-93","catch_line":"Approval of annual budget for school purposes","url":"\/22.1-93\/","token":"22.1\/8\/1\/22.1-93","metadata":false},{"id":56160,"structure_id":14186,"section_number":"22.1-94","catch_line":"Appropriations by county, city or town governing body for public schools","url":"\/22.1-94\/","token":"22.1\/8\/1\/22.1-94","metadata":false},{"id":59475,"structure_id":14186,"section_number":"22.1-95","catch_line":"Duty to levy school tax","url":"\/22.1-95\/","token":"22.1\/8\/1\/22.1-95","metadata":false},{"id":59989,"structure_id":14186,"section_number":"22.1-96","catch_line":"Proration of operating cost, expenditures for capital outlay purposes and indebtedness for construction of buildings in certain school divisions","url":"\/22.1-96\/","token":"22.1\/8\/1\/22.1-96","metadata":false},{"id":76658,"structure_id":14186,"section_number":"22.1-97","catch_line":"Calculation and reporting of required local expenditures; procedure if locality fails to appropriate sufficient educational funds","url":"\/22.1-97\/","token":"22.1\/8\/1\/22.1-97","metadata":false},{"id":77449,"structure_id":14186,"section_number":"22.1-98","catch_line":"Reduction of state aid when length of school term below 180 days or 990 hours","url":"\/22.1-98\/","token":"22.1\/8\/1\/22.1-98","metadata":false},{"id":66234,"structure_id":14186,"section_number":"22.1-98.1","catch_line":"Extended School Year Incentive Program","url":"\/22.1-98.1\/","token":"22.1\/8\/1\/22.1-98.1","metadata":false},{"id":75612,"structure_id":14186,"section_number":"22.1-98.2","catch_line":"Certain agreements; adjustment of state share for basic aid","url":"\/22.1-98.2\/","token":"22.1\/8\/1\/22.1-98.2","metadata":false},{"id":85148,"structure_id":14186,"section_number":"22.1-99","catch_line":"Approval and certification of apportionment of school funds","url":"\/22.1-99\/","token":"22.1\/8\/1\/22.1-99","metadata":false}],"previous_section":{"id":76120,"structure_id":14186,"section_number":"22.1-101","catch_line":"Repealed","url":"\/22.1-101\/","token":"22.1\/8\/1\/22.1-101","metadata":false},"next_section":{"id":64959,"structure_id":14186,"section_number":"22.1-88","catch_line":"Of what school funds to consist","url":"\/22.1-88\/","token":"22.1\/8\/1\/22.1-88","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/22.1-101.1\/","history_text":"

This law was first created in 1988. The record of its establishment is cataloged in chapter 101 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1988 \u201cActs\u201d aren\u2019t available online. It has been modified 4 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1992, chapters 837 and 880; in 1994, chapter 854<\/a>; in 2014, chapter 790<\/a>; in 2023, chapters 148<\/a> and 149<\/a>.<\/p>","references":[{"id":59686,"section_number":"22.1-3.4","catch_line":"Enrollment of certain children placed in foster care","order_by":null,"url":"\/22.1-3.4\/"}],"refers_to":[{"id":54182,"section_number":"22.1-5","catch_line":"Regulations concerning admission of certain persons to schools; tuition charges","order_by":null,"url":"\/22.1-5\/"},{"id":82245,"section_number":"63.2-1000","catch_line":"Interstate Compact on the Placement of Children; form of compact","order_by":null,"url":"\/63.2-1000\/"},{"id":71916,"section_number":"63.2-1100","catch_line":"Definitions","order_by":null,"url":"\/63.2-1100\/"},{"id":78121,"section_number":"63.2-1700","catch_line":"Application fees; regulations and schedules; use of fees; certain facilities, centers, and agencies exempt","order_by":null,"url":"\/63.2-1700\/"}],"permalink":{"id":184229,"object_type":"law","relational_id":74908,"identifier":"22.1-101.1","token":"22.1\/8\/1\/22.1-101.1","url":"\/22.1-101.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/22.1-101.1\/","token":"22.1\/8\/1\/22.1-101.1","dublin_core":{"Title":"Increase of funds for certain nonresident students; how increase computed and paid; billing of out-of-state placing agencies or persons","Type":"Text","Format":"text\/html","Identifier":"\u00a7 22.1-101.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> To the extent such funds are appropriated by the General Assembly, a school division shall be reimbursed for the cost of educating a child who is not a child with disabilities and who is not a resident of such school division under the following conditions: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> When such child has been placed in foster care or other custodial care within the geographical boundaries of the school division by a Virginia agency, whether state or local, which is authorized under the laws<\/span> of the Commonwealth to place children; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> When such child has been placed within the geographical boundaries of the school division in an orphanage or children’s home which exercises legal guardianship rights; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> When such child, who is a resident of Virginia, has been placed, not solely for school purposes, in a child-caring institution or group home licensed under the provisions of Chapter 17 (§ 63.2-1700<\/a> et seq.) of Title 63.2 which is located within the geographical boundaries of the school division. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> To the extent such funds are appropriated by the General Assembly, a school division shall be reimbursed for the cost of educating a child with disabilities who is not a resident of such school division under the following conditions: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> When the child with disabilities has been placed in foster care or other custodial care within the geographical boundaries of the school division by a Virginia agency, whether state or local, which is authorized under the laws<\/span> of the Commonwealth to place children; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> When such child with disabilities has been placed within the geographical boundaries of the school division in an orphanage or children’s home which exercises legal guardianship rights; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> When such child with disabilities, who is a resident of Virginia, has been placed, not solely for school purposes, in a child-caring institution or group home licensed under the provisions of Chapter 17 (§ 63.2-1700<\/a> et seq.) of Title 63.2 which is located within the geographical boundaries of the school division. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Each school division shall keep an accurate record of the number of days which any child, identified in subsection A or B, was enrolled in its public schools, the required local expenditure per child, the specific disability, if applicable, the placing agency or person and the jurisdiction<\/span> from which the child was sent. Each school division shall certify this information to the Board<\/span> of Education by July 1 following the end of the school year in order<\/span> to receive proper reimbursement. No school division shall charge tuition to any such child. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> When a child who is not a resident of Virginia, whether or not such child has a disability, has been placed by an out-of-state agency or a person who is the resident of another state in foster care or other custodial care or in a child-caring institution or group home licensed under the provisions of Chapter 17 (§ 63.2-1700<\/a> et seq.) of Title 63.2 located within the geographical boundaries of the school division, the school division shall not be reimbursed for the cost of educating such child from funds appropriated by the General Assembly. The school division in which such child has been enrolled shall bill the sending agency or person for the cost of the education of such child as provided in subsection C of § 22.1-5<\/a>.\n\t\t\tThe costs of the support and maintenance of the child shall include the cost of the education provided by the school division; therefore, the sending agency or person shall have the financial responsibility for the educational costs for the child pursuant to Article V of the Interstate Compact on the Placement of Children as set forth in Chapters 10 (§ 63.2-1000<\/a> et seq.) and 11 (§ 63.2-1100<\/a> et seq.) of Title 63.2. Upon receiving the bill for the educational costs from the school division, the sending agency or person shall reimburse the billing school division for providing the education of the child. Pursuant to Article III of the Interstate Compact on the Placement of Children, no sending agency or person shall send, bring, or cause to be sent or brought into the Commonwealth any child for placement unless the sending agency or person has complied with this section by honoring the financial responsibility for the educational cost as billed by a local school division. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> To the extent that state funds appropriated by the General Assembly pursuant to subsection A or B or other state funds, such as those provided on the basis of average daily membership, do not cover the full cost of educating a child pursuant to this subsection, a school division shall be reimbursed by (i) the school division in which a child’s custodial parent<\/span> or guardian resides or (ii) in the case of a child who has been placed in the custody<\/span> of the Department<\/span> of Social Services, the school division in which the parent<\/span> or guardian who had custody<\/span> immediately preceding the placement resides, for any remaining costs of educating such child, whether or not such child has a disability, who has been placed, not solely for school purposes, in (a) foster care or other custodial care within the geographical boundaries of the school division to be reimbursed, or (b) a child-caring institution or group home licensed under the provisions of Chapter 17 (§ 63.2-1700<\/a> et seq.) of Title 63.2 that is located within the geographical boundaries of the school division to be reimbursed. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nINCREASE OF FUNDS FOR CERTAIN NONRESIDENT STUDENTS; HOW INCREASE COMPUTED AND\nPAID; BILLING OF OUT-OF-STATE PLACING AGENCIES OR PERSONS (\u00a7 22.1-101.1)\n\nA. To the extent such funds are appropriated by the General Assembly, a school\ndivision shall be reimbursed for the cost of educating a child who is not a\nchild with disabilities and who is not a resident of such school division under\nthe following conditions:\n\n 1. When such child has been placed in foster care or other custodial care\n within the geographical boundaries of the school division by a Virginia\n agency, whether state or local, which is authorized under the laws of the\n Commonwealth to place children;\n\n 2. When such child has been placed within the geographical boundaries of the\n school division in an orphanage or children’s home which exercises legal\n guardianship rights; or\n\n 3. When such child, who is a resident of Virginia, has been placed, not solely\n for school purposes, in a child-caring institution or group home licensed\n under the provisions of Chapter 17 (§ 63.2-1700 et seq.) of Title 63.2\n which is located within the geographical boundaries of the school division.\n\nB. To the extent such funds are appropriated by the General Assembly, a school\ndivision shall be reimbursed for the cost of educating a child with disabilities\nwho is not a resident of such school division under the following conditions:\n\n 1. When the child with disabilities has been placed in foster care or other\n custodial care within the geographical boundaries of the school division by a\n Virginia agency, whether state or local, which is authorized under the laws of\n the Commonwealth to place children;\n\n 2. When such child with disabilities has been placed within the geographical\n boundaries of the school division in an orphanage or children’s home\n which exercises legal guardianship rights; or\n\n 3. When such child with disabilities, who is a resident of Virginia, has been\n placed, not solely for school purposes, in a child-caring institution or group\n home licensed under the provisions of Chapter 17 (§ 63.2-1700 et seq.) of\n Title 63.2 which is located within the geographical boundaries of the school\n division.\n\nC. Each school division shall keep an accurate record of the number of days\nwhich any child, identified in subsection A or B, was enrolled in its public\nschools, the required local expenditure per child, the specific disability, if\napplicable, the placing agency or person and the jurisdiction from which the\nchild was sent. Each school division shall certify this information to the Board\nof Education by July 1 following the end of the school year in order to receive\nproper reimbursement. No school division shall charge tuition to any such child.\n\nD. When a child who is not a resident of Virginia, whether or not such child has\na disability, has been placed by an out-of-state agency or a person who is the\nresident of another state in foster care or other custodial care or in a\nchild-caring institution or group home licensed under the provisions of Chapter\n17 (§ 63.2-1700 et seq.) of Title 63.2 located within the geographical\nboundaries of the school division, the school division shall not be reimbursed\nfor the cost of educating such child from funds appropriated by the General\nAssembly. The school division in which such child has been enrolled shall bill\nthe sending agency or person for the cost of the education of such child as\nprovided in subsection C of § 22.1-5.\n\t\t\tThe costs of the support and maintenance of the child shall include the cost\nof the education provided by the school division; therefore, the sending agency\nor person shall have the financial responsibility for the educational costs for\nthe child pursuant to Article V of the Interstate Compact on the Placement of\nChildren as set forth in Chapters 10 (§ 63.2-1000 et seq.) and 11 (§\n63.2-1100 et seq.) of Title 63.2. Upon receiving the bill for the educational\ncosts from the school division, the sending agency or person shall reimburse the\nbilling school division for providing the education of the child. Pursuant to\nArticle III of the Interstate Compact on the Placement of Children, no sending\nagency or person shall send, bring, or cause to be sent or brought into the\nCommonwealth any child for placement unless the sending agency or person has\ncomplied with this section by honoring the financial responsibility for the\neducational cost as billed by a local school division.\n\nE. To the extent that state funds appropriated by the General Assembly pursuant\nto subsection A or B or other state funds, such as those provided on the basis\nof average daily membership, do not cover the full cost of educating a child\npursuant to this subsection, a school division shall be reimbursed by (i) the\nschool division in which a child’s custodial parent or guardian resides or\n(ii) in the case of a child who has been placed in the custody of the Department\nof Social Services, the school division in which the parent or guardian who had\ncustody immediately preceding the placement resides, for any remaining costs of\neducating such child, whether or not such child has a disability, who has been\nplaced, not solely for school purposes, in (a) foster care or other custodial\ncare within the geographical boundaries of the school division to be reimbursed,\nor (b) a child-caring institution or group home licensed under the provisions of\nChapter 17 (§ 63.2-1700 et seq.) of Title 63.2 that is located within the\ngeographical boundaries of the school division to be reimbursed.\n\nHISTORY: 1988, c. 101; 1992, cc. 837, 880; 1994, c. 854; 2014, c. 790; 2023, cc.\n148, 149.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}