{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/22.1-3.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/22.1-3.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/22.1-3.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/22.1-3.1.html"}],"law_id":86526,"edition_id":1,"section_id":86526,"structure_id":13161,"section_number":"22.1-3.1","catch_line":"Birth certificates required upon admission; required notice to the local law-enforcement agency","history":"1990, c. 295; 1991, c. 523; 2004, c. 500; 2007, c. 49; 2018, c. 394.","full_text":"A\n\nExcept as otherwise provided in this subsection, no pupil shall be admitted for the first time to any public school in any school division in this Commonwealth unless the person enrolling the pupil shall present, upon admission, a certified copy of the pupil’s birth record. The principal or his designee shall record the official state birth number from the pupil’s birth record into the pupil’s permanent school record and may retain a copy in the pupil’s permanent school record. If a certified copy of the pupil’s birth record cannot be obtained, the person so enrolling the pupil shall submit an affidavit setting forth the pupil’s age and explaining the inability to present a certified copy of the birth record. If the school division cannot ascertain a child’s age because of the lack of a birth certificate, the child shall nonetheless be admitted into the public schools if the division superintendent determines that the person submitting the affidavit presents information sufficient to estimate with reasonable certainty the age of such child.\n\t\t\tHowever, if the student seeking enrollment is a homeless child or youth as defined in § 22.1-3, the school shall immediately enroll such student, even if such student is unable to produce the records required for enrollment, and shall immediately contact the school last attended by the student to obtain relevant academic and other records, and shall comply with the provisions of Subtitle VII-B of the federal McKinney-Vento Homeless Assistance Act, as amended (42 U.S.C. § 11431 et seq.), including immediately referring the parent of the student or the youth to the local school division liaison, as described in the federal Act, who shall assist in obtaining the necessary records for enrollment.B\n\nUpon the failure of any person enrolling a pupil to present a certified copy of the pupil’s birth record, the principal of the school in which the pupil is being enrolled or his designee shall immediately notify the local law-enforcement agency. The notice to the local law-enforcement agency shall include copies of the submitted proof of the pupil’s identity and age and the affidavit explaining the inability to produce a certified copy of the birth record.C\n\nWithin 14 days after enrolling a transferred pupil, the principal of the school in which the pupil has been enrolled or his designee shall request that the principal or his designee of the school in which the pupil was previously enrolled submit documentation that a certified copy of the pupil’s birth record was presented upon the pupil’s initial enrollment.D\n\nPrincipals and their designees shall be immune from any civil or criminal liability in connection with any notice to a local law-enforcement agency of a pupil lacking a birth certificate or failure to give such notice as required by this section.","order_by":null,"text":{"0":{"id":309911,"text":"Except as otherwise provided in this subsection, no pupil shall be admitted for the first time to any public school in any school division in this Commonwealth unless the person enrolling the pupil shall present, upon admission, a certified copy of the pupil’s birth record. The principal or his designee shall record the official state birth number from the pupil’s birth record into the pupil’s permanent school record and may retain a copy in the pupil’s permanent school record. If a certified copy of the pupil’s birth record cannot be obtained, the person so enrolling the pupil shall submit an affidavit setting forth the pupil’s age and explaining the inability to present a certified copy of the birth record. If the school division cannot ascertain a child’s age because of the lack of a birth certificate, the child shall nonetheless be admitted into the public schools if the division superintendent determines that the person submitting the affidavit presents information sufficient to estimate with reasonable certainty the age of such child.\n\t\t\tHowever, if the student seeking enrollment is a homeless child or youth as defined in § 22.1-3, the school shall immediately enroll such student, even if such student is unable to produce the records required for enrollment, and shall immediately contact the school last attended by the student to obtain relevant academic and other records, and shall comply with the provisions of Subtitle VII-B of the federal McKinney-Vento Homeless Assistance Act, as amended (42 U.S.C. § 11431 et seq.), including immediately referring the parent of the student or the youth to the local school division liaison, as described in the federal Act, who shall assist in obtaining the necessary records for enrollment.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":309912,"text":"Upon the failure of any person enrolling a pupil to present a certified copy of the pupil’s birth record, the principal of the school in which the pupil is being enrolled or his designee shall immediately notify the local law-enforcement agency. The notice to the local law-enforcement agency shall include copies of the submitted proof of the pupil’s identity and age and the affidavit explaining the inability to produce a certified copy of the birth record.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":309913,"text":"Within 14 days after enrolling a transferred pupil, the principal of the school in which the pupil has been enrolled or his designee shall request that the principal or his designee of the school in which the pupil was previously enrolled submit documentation that a certified copy of the pupil’s birth record was presented upon the pupil’s initial enrollment.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":309914,"text":"Principals and their designees shall be immune from any civil or criminal liability in connection with any notice to a local law-enforcement agency of a pupil lacking a birth certificate or failure to give such notice as required by this section.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":13161,"edition_id":1,"name":"System of Public Schools; General Provisions","identifier":"1","label":"chapter","depth":2,"order_by":1,"parent_id":12823,"metadata":{},"date_created":"2026-06-26 03:44:22","date_modified":"2026-06-26 03:44:22","permalink":{"id":180951,"object_type":"structure","relational_id":13161,"identifier":"1","token":"22.1\/1","url":"\/22.1\/1\/","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":74111,"structure_id":13161,"section_number":"22.1-1","catch_line":"(Effective July 1, 2026) Definitions","url":"\/22.1-1\/","token":"22.1\/1\/22.1-1","metadata":false},{"id":81357,"structure_id":13161,"section_number":"22.1-2","catch_line":"System of free public elementary and secondary schools to be maintained; administration","url":"\/22.1-2\/","token":"22.1\/1\/22.1-2","metadata":false},{"id":58647,"structure_id":13161,"section_number":"22.1-2.1","catch_line":"Provision of in-person instruction","url":"\/22.1-2.1\/","token":"22.1\/1\/22.1-2.1","metadata":false},{"id":81351,"structure_id":13161,"section_number":"22.1-3","catch_line":"Persons to whom public schools shall be free","url":"\/22.1-3\/","token":"22.1\/1\/22.1-3","metadata":false},{"id":86526,"structure_id":13161,"section_number":"22.1-3.1","catch_line":"Birth certificates required upon admission; required notice to the local law-enforcement agency","url":"\/22.1-3.1\/","token":"22.1\/1\/22.1-3.1","metadata":false},{"id":82615,"structure_id":13161,"section_number":"22.1-3.2","catch_line":"Notice of student's school status required as condition of admission; penalty","url":"\/22.1-3.2\/","token":"22.1\/1\/22.1-3.2","metadata":false},{"id":70535,"structure_id":13161,"section_number":"22.1-3.3","catch_line":"Transfer of students under certain circumstances","url":"\/22.1-3.3\/","token":"22.1\/1\/22.1-3.3","metadata":false},{"id":59686,"structure_id":13161,"section_number":"22.1-3.4","catch_line":"Enrollment of certain children placed in foster care","url":"\/22.1-3.4\/","token":"22.1\/1\/22.1-3.4","metadata":false},{"id":75129,"structure_id":13161,"section_number":"22.1-3.5","catch_line":"Enrollment of certain military children with disabilities; provision of special education services and accommodations","url":"\/22.1-3.5\/","token":"22.1\/1\/22.1-3.5","metadata":false},{"id":85585,"structure_id":13161,"section_number":"22.1-4","catch_line":"Repealed","url":"\/22.1-4\/","token":"22.1\/1\/22.1-4","metadata":false},{"id":81156,"structure_id":13161,"section_number":"22.1-4.1","catch_line":"Street addresses required in certain school admission documents","url":"\/22.1-4.1\/","token":"22.1\/1\/22.1-4.1","metadata":false},{"id":74434,"structure_id":13161,"section_number":"22.1-4.2","catch_line":"Designation of race or ethnicity","url":"\/22.1-4.2\/","token":"22.1\/1\/22.1-4.2","metadata":false},{"id":59805,"structure_id":13161,"section_number":"22.1-4.3","catch_line":"Participation by and notification of noncustodial parent","url":"\/22.1-4.3\/","token":"22.1\/1\/22.1-4.3","metadata":false},{"id":54182,"structure_id":13161,"section_number":"22.1-5","catch_line":"Regulations concerning admission of certain persons to schools; tuition charges","url":"\/22.1-5\/","token":"22.1\/1\/22.1-5","metadata":false},{"id":60793,"structure_id":13161,"section_number":"22.1-5.1","catch_line":"Organizations governing public school interscholastic programs; participation by students in military families","url":"\/22.1-5.1\/","token":"22.1\/1\/22.1-5.1","metadata":false},{"id":81718,"structure_id":13161,"section_number":"22.1-6","catch_line":"Permitted fees and charges","url":"\/22.1-6\/","token":"22.1\/1\/22.1-6","metadata":false},{"id":58212,"structure_id":13161,"section_number":"22.1-6.1","catch_line":"Menstrual supplies; availability; public elementary, middle, and high schools","url":"\/22.1-6.1\/","token":"22.1\/1\/22.1-6.1","metadata":false},{"id":86640,"structure_id":13161,"section_number":"22.1-7","catch_line":"Responsibility of each state board, agency, and institution having children in residence or in custody","url":"\/22.1-7\/","token":"22.1\/1\/22.1-7","metadata":false},{"id":79554,"structure_id":13161,"section_number":"22.1-7.1","catch_line":"Open school enrollment policy","url":"\/22.1-7.1\/","token":"22.1\/1\/22.1-7.1","metadata":false},{"id":74104,"structure_id":13161,"section_number":"22.1-7.2","catch_line":"Enrollment for students residing on a military installation or in military housing","url":"\/22.1-7.2\/","token":"22.1\/1\/22.1-7.2","metadata":false}],"previous_section":{"id":81351,"structure_id":13161,"section_number":"22.1-3","catch_line":"Persons to whom public schools shall be free","url":"\/22.1-3\/","token":"22.1\/1\/22.1-3","metadata":false},"next_section":{"id":82615,"structure_id":13161,"section_number":"22.1-3.2","catch_line":"Notice of student's school status required as condition of admission; penalty","url":"\/22.1-3.2\/","token":"22.1\/1\/22.1-3.2","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/22.1-3.1\/","history_text":"

This law was first created in 1990. The record of its establishment is cataloged in chapter 295 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 1990 \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 1991, chapter 523; in 2004, chapter 500<\/a>; in 2007, chapter 49<\/a>; in 2018, chapter 394<\/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\/"},{"id":57854,"section_number":"22.1-360","catch_line":"Interstate Compact on Educational Opportunity for Military Children","order_by":null,"url":"\/22.1-360\/"},{"id":86900,"section_number":"22.1-378","catch_line":"Eligibility for enrollment","order_by":null,"url":"\/22.1-378\/"},{"id":81156,"section_number":"22.1-4.1","catch_line":"Street addresses required in certain school admission documents","order_by":null,"url":"\/22.1-4.1\/"},{"id":87280,"section_number":"63.2-900","catch_line":"Accepting children for placement in homes, facilities, etc., by local boards","order_by":null,"url":"\/63.2-900\/"}],"refers_to":[{"id":81351,"section_number":"22.1-3","catch_line":"Persons to whom public schools shall be free","order_by":null,"url":"\/22.1-3\/"}],"permalink":{"id":180969,"object_type":"law","relational_id":86526,"identifier":"22.1-3.1","token":"22.1\/1\/22.1-3.1","url":"\/22.1-3.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/22.1-3.1\/","token":"22.1\/1\/22.1-3.1","dublin_core":{"Title":"Birth certificates required upon admission; required notice to the local law-enforcement agency","Type":"Text","Format":"text\/html","Identifier":"\u00a7 22.1-3.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Except as otherwise provided in this subsection, no pupil shall be admitted for the first time to any public school in any school division in this Commonwealth unless the person enrolling the pupil shall present, upon admission, a certified copy of the pupil’s birth record. The principal or his designee shall record the official state birth number from the pupil’s birth record into the pupil’s permanent school record and may retain a copy in the pupil’s permanent school record. If a certified copy of the pupil’s birth record cannot be obtained, the person so enrolling the pupil shall submit an affidavit<\/span> setting forth the pupil’s age and explaining the inability to present a certified copy of the birth record. If the school division cannot ascertain a child’s age because of the lack of a birth certificate, the child shall nonetheless be admitted into the public schools if the division superintendent<\/span> determines that the person submitting the affidavit<\/span> presents information sufficient to estimate with reasonable certainty the age of such child.\n\t\t\tHowever, if the student seeking enrollment is a homeless child or youth as defined in § 22.1-3<\/a>, the school shall immediately enroll such student, even if such student is unable to produce the records required for enrollment, and shall immediately contact the school last attended by the student to obtain relevant academic and other records, and shall comply with the provisions of Subtitle VII-B of the federal McKinney-Vento Homeless Assistance Act, as amended (42 U.S.C. § 11431 et seq.), including immediately referring the parent<\/span> of the student or the youth to the local school division liaison, as described in the federal Act, who shall assist in obtaining the necessary records for enrollment. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Upon the failure of any person enrolling a pupil to present a certified copy of the pupil’s birth record, the principal of the school in which the pupil is being enrolled or his designee shall immediately notify the local law<\/span>-enforcement agency. The notice to the local law<\/span>-enforcement agency shall include copies of the submitted proof of the pupil’s identity and age and the affidavit<\/span> explaining the inability to produce a certified copy of the birth record. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Within 14 days after enrolling a transferred pupil, the principal of the school in which the pupil has been enrolled or his designee shall request that the principal or his designee of the school in which the pupil was previously enrolled submit documentation that a certified copy of the pupil’s birth record was presented upon the pupil’s initial enrollment. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Principals and their designees shall be immune from any civil or criminal liability in connection with any notice to a local law<\/span>-enforcement agency of a pupil lacking a birth certificate or failure to give such notice as required by this section. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nBIRTH CERTIFICATES REQUIRED UPON ADMISSION; REQUIRED NOTICE TO THE LOCAL\nLAW-ENFORCEMENT AGENCY (\u00a7 22.1-3.1)\n\nA. Except as otherwise provided in this subsection, no pupil shall be admitted\nfor the first time to any public school in any school division in this\nCommonwealth unless the person enrolling the pupil shall present, upon\nadmission, a certified copy of the pupil’s birth record. The principal or\nhis designee shall record the official state birth number from the pupil’s\nbirth record into the pupil’s permanent school record and may retain a\ncopy in the pupil’s permanent school record. If a certified copy of the\npupil’s birth record cannot be obtained, the person so enrolling the pupil\nshall submit an affidavit setting forth the pupil’s age and explaining the\ninability to present a certified copy of the birth record. If the school\ndivision cannot ascertain a child’s age because of the lack of a birth\ncertificate, the child shall nonetheless be admitted into the public schools if\nthe division superintendent determines that the person submitting the affidavit\npresents information sufficient to estimate with reasonable certainty the age of\nsuch child.\n\t\t\tHowever, if the student seeking enrollment is a homeless child or youth as\ndefined in § 22.1-3, the school shall immediately enroll such student, even\nif such student is unable to produce the records required for enrollment, and\nshall immediately contact the school last attended by the student to obtain\nrelevant academic and other records, and shall comply with the provisions of\nSubtitle VII-B of the federal McKinney-Vento Homeless Assistance Act, as amended\n(42 U.S.C. § 11431 et seq.), including immediately referring the parent of\nthe student or the youth to the local school division liaison, as described in\nthe federal Act, who shall assist in obtaining the necessary records for\nenrollment.\n\nB. Upon the failure of any person enrolling a pupil to present a certified copy\nof the pupil’s birth record, the principal of the school in which the\npupil is being enrolled or his designee shall immediately notify the local\nlaw-enforcement agency. The notice to the local law-enforcement agency shall\ninclude copies of the submitted proof of the pupil’s identity and age and\nthe affidavit explaining the inability to produce a certified copy of the birth\nrecord.\n\nC. Within 14 days after enrolling a transferred pupil, the principal of the\nschool in which the pupil has been enrolled or his designee shall request that\nthe principal or his designee of the school in which the pupil was previously\nenrolled submit documentation that a certified copy of the pupil’s birth\nrecord was presented upon the pupil’s initial enrollment.\n\nD. Principals and their designees shall be immune from any civil or criminal\nliability in connection with any notice to a local law-enforcement agency of a\npupil lacking a birth certificate or failure to give such notice as required by\nthis section.\n\nHISTORY: 1990, c. 295; 1991, c. 523; 2004, c. 500; 2007, c. 49; 2018, c. 394.","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}}