{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/22.1-269.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/22.1-269.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/22.1-269.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/22.1-269.1.html"}],"law_id":70396,"edition_id":1,"section_id":70396,"structure_id":13989,"section_number":"22.1-269.1","catch_line":"Alternative attendance programs","history":"1993, c. 947.","full_text":"A\n\nThe Board of Education shall promulgate regulations for the voluntary participation of school divisions in programs to allow each school-age child to receive educational services at another public school, either in the division in which the child resides or in another division, as selected by the child’s parent or guardian. Each public school in a school division participating in an alternative attendance program shall be eligible to participate in an alternative attendance program unless exceptional circumstances, as defined by the Board of Education, render the participation of the school contrary to public interest.B\n\nThe Board’s regulations shall be promulgated under the provisions of the Administrative Process Act (§ 2.2-4000 et seq.) and shall include, but shall not be limited to, provisions which address the following: the required acknowledgement by a local school of its decision to participate in an alternative attendance program, including school board resolutions for intradistrict programs and agreements between divisions participating in interdistrict programs; the equitable allocation of places to accommodate students when there are insufficient places to serve such students; transportation and school bus scheduling needs within the local school divisions; school enrollment capacity, class size, pupil-teacher ratios, and staffing levels for related instructional, administrative, and supervisory personnel as required by the Standards of Quality and the Standards for Accrediting Public Schools; the adequacy of school resources to accommodate an increase in student enrollment, grade level designations, and course offerings; the enrollment of students whose education is subject to an individualized education plan (I.E.P.) as required under P.L. 94-142 as amended; the preservation of the uniqueness of schools established for particular educational purposes; the fiscal impact of accommodating parental preference on local school divisions; in the case of interdistrict attendance programs, the establishment of tuition charges authorized by § 22.1-5; and the need to maintain racial balance in the public schools. The regulations shall also establish the value of educational services, based on consideration of per pupil expenditures and state aid in the affected school. Any local school board which has been ordered by a state or federal court to achieve racial balance in its public schools shall maintain such racial balance when accommodating preference in the assignment of children to a school.C\n\nFrom such funds as may be appropriated, the Board shall provide for the independent evaluation of this alternative attendance program and shall submit the evaluation to the Governor, the Senate, and the House of Delegates by January 1 of each year.","order_by":null,"text":{"0":{"id":254067,"text":"The Board of Education shall promulgate regulations for the voluntary participation of school divisions in programs to allow each school-age child to receive educational services at another public school, either in the division in which the child resides or in another division, as selected by the child’s parent or guardian. Each public school in a school division participating in an alternative attendance program shall be eligible to participate in an alternative attendance program unless exceptional circumstances, as defined by the Board of Education, render the participation of the school contrary to public interest.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":254068,"text":"The Board’s regulations shall be promulgated under the provisions of the Administrative Process Act (§ 2.2-4000 et seq.) and shall include, but shall not be limited to, provisions which address the following: the required acknowledgement by a local school of its decision to participate in an alternative attendance program, including school board resolutions for intradistrict programs and agreements between divisions participating in interdistrict programs; the equitable allocation of places to accommodate students when there are insufficient places to serve such students; transportation and school bus scheduling needs within the local school divisions; school enrollment capacity, class size, pupil-teacher ratios, and staffing levels for related instructional, administrative, and supervisory personnel as required by the Standards of Quality and the Standards for Accrediting Public Schools; the adequacy of school resources to accommodate an increase in student enrollment, grade level designations, and course offerings; the enrollment of students whose education is subject to an individualized education plan (I.E.P.) as required under P.L. 94-142 as amended; the preservation of the uniqueness of schools established for particular educational purposes; the fiscal impact of accommodating parental preference on local school divisions; in the case of interdistrict attendance programs, the establishment of tuition charges authorized by § 22.1-5; and the need to maintain racial balance in the public schools. The regulations shall also establish the value of educational services, based on consideration of per pupil expenditures and state aid in the affected school. Any local school board which has been ordered by a state or federal court to achieve racial balance in its public schools shall maintain such racial balance when accommodating preference in the assignment of children to a school.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":254069,"text":"From such funds as may be appropriated, the Board shall provide for the independent evaluation of this alternative attendance program and shall submit the evaluation to the Governor, the Senate, and the House of Delegates by January 1 of each year.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":13989,"edition_id":1,"name":"Compulsory School Attendance","identifier":"1","label":"article","depth":3,"order_by":1,"parent_id":12850,"metadata":{},"date_created":"2026-06-26 03:46:31","date_modified":"2026-06-26 03:46:31","permalink":{"id":182135,"object_type":"structure","relational_id":13989,"identifier":"1","token":"22.1\/14\/1","url":"\/22.1\/14\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12850,"edition_id":1,"name":"Pupils","identifier":"14","label":"chapter","depth":2,"order_by":1,"parent_id":12823,"metadata":{},"date_created":"2026-06-26 03:43:56","date_modified":"2026-06-26 03:43:56","permalink":{"id":182133,"object_type":"structure","relational_id":12850,"identifier":"14","token":"22.1\/14","url":"\/22.1\/14\/","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":64677,"structure_id":13989,"section_number":"22.1-254","catch_line":"Compulsory attendance required; excuses and waivers; alternative education program attendance; exemptions from article","url":"\/22.1-254\/","token":"22.1\/14\/1\/22.1-254","metadata":false},{"id":61216,"structure_id":13989,"section_number":"22.1-254.01","catch_line":"Certain students required to attend summer school or after-school sessions","url":"\/22.1-254.01\/","token":"22.1\/14\/1\/22.1-254.01","metadata":false},{"id":85817,"structure_id":13989,"section_number":"22.1-254.02","catch_line":"Students transferring from a public school","url":"\/22.1-254.02\/","token":"22.1\/14\/1\/22.1-254.02","metadata":false},{"id":75707,"structure_id":13989,"section_number":"22.1-254.1","catch_line":"Declaration of policy; requirements for home instruction of children","url":"\/22.1-254.1\/","token":"22.1\/14\/1\/22.1-254.1","metadata":false},{"id":82535,"structure_id":13989,"section_number":"22.1-254.2","catch_line":"Testing for high school equivalency; eligibility; guidelines","url":"\/22.1-254.2\/","token":"22.1\/14\/1\/22.1-254.2","metadata":false},{"id":60397,"structure_id":13989,"section_number":"22.1-255","catch_line":"Nonresident children","url":"\/22.1-255\/","token":"22.1\/14\/1\/22.1-255","metadata":false},{"id":77710,"structure_id":13989,"section_number":"22.1-256","catch_line":"Repealed","url":"\/22.1-256\/","token":"22.1\/14\/1\/22.1-256","metadata":false},{"id":72504,"structure_id":13989,"section_number":"22.1-258","catch_line":"Appointment of attendance officers; notification when pupil fails to report to school; plan; conference; court proceedings","url":"\/22.1-258\/","token":"22.1\/14\/1\/22.1-258","metadata":false},{"id":57994,"structure_id":13989,"section_number":"22.1-259","catch_line":"Teachers to keep daily attendance records","url":"\/22.1-259\/","token":"22.1\/14\/1\/22.1-259","metadata":false},{"id":73600,"structure_id":13989,"section_number":"22.1-260","catch_line":"Reports of children enrolled and not enrolled; nonattendance","url":"\/22.1-260\/","token":"22.1\/14\/1\/22.1-260","metadata":false},{"id":80115,"structure_id":13989,"section_number":"22.1-261","catch_line":"Attendance officer to make list of children not enrolled; duties of attendance officer","url":"\/22.1-261\/","token":"22.1\/14\/1\/22.1-261","metadata":false},{"id":58722,"structure_id":13989,"section_number":"22.1-262","catch_line":"Complaint to court when parent fails to comply with law","url":"\/22.1-262\/","token":"22.1\/14\/1\/22.1-262","metadata":false},{"id":83240,"structure_id":13989,"section_number":"22.1-263","catch_line":"Violation constitutes misdemeanor","url":"\/22.1-263\/","token":"22.1\/14\/1\/22.1-263","metadata":false},{"id":62028,"structure_id":13989,"section_number":"22.1-264","catch_line":"Misdemeanor to make false statements as to age","url":"\/22.1-264\/","token":"22.1\/14\/1\/22.1-264","metadata":false},{"id":81772,"structure_id":13989,"section_number":"22.1-264.1","catch_line":"Misdemeanor to make false statements as to school division or attendance zone residency; penalty","url":"\/22.1-264.1\/","token":"22.1\/14\/1\/22.1-264.1","metadata":false},{"id":81264,"structure_id":13989,"section_number":"22.1-265","catch_line":"Inducing children to absent themselves","url":"\/22.1-265\/","token":"22.1\/14\/1\/22.1-265","metadata":false},{"id":58598,"structure_id":13989,"section_number":"22.1-266","catch_line":"Law-enforcement officers and truant children","url":"\/22.1-266\/","token":"22.1\/14\/1\/22.1-266","metadata":false},{"id":55064,"structure_id":13989,"section_number":"22.1-267","catch_line":"Proceedings against habitually absent child","url":"\/22.1-267\/","token":"22.1\/14\/1\/22.1-267","metadata":false},{"id":56329,"structure_id":13989,"section_number":"22.1-268","catch_line":"Duty of attorneys for the Commonwealth to prosecute cases arising under article; jurisdiction of offenses","url":"\/22.1-268\/","token":"22.1\/14\/1\/22.1-268","metadata":false},{"id":65442,"structure_id":13989,"section_number":"22.1-269","catch_line":"Board to enforce","url":"\/22.1-269\/","token":"22.1\/14\/1\/22.1-269","metadata":false},{"id":70396,"structure_id":13989,"section_number":"22.1-269.1","catch_line":"Alternative attendance programs","url":"\/22.1-269.1\/","token":"22.1\/14\/1\/22.1-269.1","metadata":false}],"previous_section":{"id":65442,"structure_id":13989,"section_number":"22.1-269","catch_line":"Board to enforce","url":"\/22.1-269\/","token":"22.1\/14\/1\/22.1-269","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/22.1-269.1\/","history_text":"

This law was first created in 1993. The record of its establishment is cataloged in chapter 947 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 1993 \u201cActs\u201d aren\u2019t available online.<\/p>","references":false,"refers_to":[{"id":86911,"section_number":"2.2-4000","catch_line":"Short title; purpose","order_by":null,"url":"\/2.2-4000\/"},{"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\/"}],"permalink":{"id":182217,"object_type":"law","relational_id":70396,"identifier":"22.1-269.1","token":"22.1\/14\/1\/22.1-269.1","url":"\/22.1-269.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/22.1-269.1\/","token":"22.1\/14\/1\/22.1-269.1","dublin_core":{"Title":"Alternative attendance programs","Type":"Text","Format":"text\/html","Identifier":"\u00a7 22.1-269.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The Board<\/span> of Education shall promulgate regulations for the voluntary participation of school divisions in programs to allow each school-age child to receive educational services at another public school, either in the division in which the child resides or in another division, as selected by the child’s parent<\/span> or guardian. Each public school in a school division participating in an alternative attendance program shall be eligible to participate in an alternative attendance program unless exceptional circumstances, as defined by the Board<\/span> of Education, render the participation of the school contrary to public interest. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The Board’s regulations shall be promulgated under the provisions of the Administrative Process Act (§ 2.2-4000<\/a> et seq.) and shall include, but shall not be limited to, provisions which address the following: the required acknowledgement by a local school of its decision to participate in an alternative attendance program, including school board<\/span> resolutions for intradistrict programs and agreements between divisions participating in interdistrict programs; the equitable<\/span> allocation of places to accommodate students when there are insufficient places to serve such students; transportation and school bus scheduling needs within the local school divisions; school enrollment capacity, class size, pupil-teacher ratios, and staffing levels for related instructional, administrative, and supervisory personnel as required by the Standards of Quality and the Standards for Accrediting Public Schools; the adequacy of school resources to accommodate an increase in student enrollment, grade level designations, and course offerings; the enrollment of students whose education is subject to an individualized education plan (I.E.P.) as required under P.L. 94-142 as amended; the preservation of the uniqueness of schools established for particular educational purposes; the fiscal impact of accommodating parental preference on local school divisions; in the case of interdistrict attendance programs, the establishment of tuition charges authorized by § 22.1-5<\/a>; and the need to maintain racial balance in the public schools. The regulations shall also establish the value of educational services, based on consideration of per pupil expenditures and state aid in the affected school. Any local school board<\/span> which has been ordered by a state or federal court<\/span> to achieve racial balance in its public schools shall maintain such racial balance when accommodating preference in the assignment of children to a school. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> From such funds as may be appropriated, the Board shall provide for the independent evaluation of this alternative attendance program and shall submit the evaluation to the Governor, the Senate, and the House of Delegates by January 1 of each year. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nALTERNATIVE ATTENDANCE PROGRAMS (\u00a7 22.1-269.1)\n\nA. The Board of Education shall promulgate regulations for the voluntary\nparticipation of school divisions in programs to allow each school-age child to\nreceive educational services at another public school, either in the division in\nwhich the child resides or in another division, as selected by the child’s\nparent or guardian. Each public school in a school division participating in an\nalternative attendance program shall be eligible to participate in an\nalternative attendance program unless exceptional circumstances, as defined by\nthe Board of Education, render the participation of the school contrary to\npublic interest.\n\nB. The Board’s regulations shall be promulgated under the provisions of\nthe Administrative Process Act (§ 2.2-4000 et seq.) and shall include, but\nshall not be limited to, provisions which address the following: the required\nacknowledgement by a local school of its decision to participate in an\nalternative attendance program, including school board resolutions for\nintradistrict programs and agreements between divisions participating in\ninterdistrict programs; the equitable allocation of places to accommodate\nstudents when there are insufficient places to serve such students;\ntransportation and school bus scheduling needs within the local school\ndivisions; school enrollment capacity, class size, pupil-teacher ratios, and\nstaffing levels for related instructional, administrative, and supervisory\npersonnel as required by the Standards of Quality and the Standards for\nAccrediting Public Schools; the adequacy of school resources to accommodate an\nincrease in student enrollment, grade level designations, and course offerings;\nthe enrollment of students whose education is subject to an individualized\neducation plan (I.E.P.) as required under P.L. 94-142 as amended; the\npreservation of the uniqueness of schools established for particular educational\npurposes; the fiscal impact of accommodating parental preference on local school\ndivisions; in the case of interdistrict attendance programs, the establishment\nof tuition charges authorized by § 22.1-5; and the need to maintain racial\nbalance in the public schools. The regulations shall also establish the value of\neducational services, based on consideration of per pupil expenditures and state\naid in the affected school. Any local school board which has been ordered by a\nstate or federal court to achieve racial balance in its public schools shall\nmaintain such racial balance when accommodating preference in the assignment of\nchildren to a school.\n\nC. From such funds as may be appropriated, the Board shall provide for the\nindependent evaluation of this alternative attendance program and shall submit\nthe evaluation to the Governor, the Senate, and the House of Delegates by\nJanuary 1 of each year.\n\nHISTORY: 1993, c. 947.","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}}