{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/22.1-3.4.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/22.1-3.4.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/22.1-3.4.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/22.1-3.4.html"}],"law_id":59686,"edition_id":1,"section_id":59686,"structure_id":13161,"section_number":"22.1-3.4","catch_line":"Enrollment of certain children placed in foster care","history":"2005, c. 343; 2011, c. 154; 2020, cc. 474, 475; 2024, c. 303.","full_text":"A\n\nWhenever a student has been placed in foster care by a local social services agency and the placing social services agency is unable to produce any of the documents required for enrollment pursuant to § 22.1-3.1, 22.1-270, or 22.1-271.2, the student shall immediately be enrolled; however, the person enrolling the student shall provide a written statement that, to the best of his knowledge, sets forth (i) the student’s age, (ii) compliance with the requirements of § 22.1-3.2, and (iii) that the student is in good health and is free from communicable or contagious disease.B\n\nThe sending and receiving school divisions shall cooperate in facilitating the enrollment of any child placed in foster care across jurisdictional lines for the purpose of enhancing continuity of instruction. The child shall be allowed to continue to attend the school in which he was enrolled prior to the most recent foster care placement, upon the joint determination of the placing social services agency and the local school division that such attendance is in the best interest of the child.C\n\nIn the event the student continues to attend the school in which he was enrolled prior to the most recent foster care placement, the receiving school division shall be accorded foster children education payments pursuant to § 22.1-101.1; further, the receiving school division may enter into financial arrangements with the sending school division pursuant to subsection C of § 22.1-5. Under no circumstances shall a child placed in foster care be charged tuition regardless of whether such child is attending the school in which he was enrolled prior to the most recent foster care placement or attending a school in the receiving school division.D\n\nFor the purposes of subsections A, B, and C:\n\t\t\t“A child or student placed in foster care” means a pupil who is the subject of a foster care placement through an entrustment or commitment of such child to the local social services board or licensed child-placing agency pursuant to clause (ii) of the definition of “foster care placement” as set forth in § 63.2-100.\n\t\t\tFor the purposes of this section:\n\t\t\t“Receiving school division” means the school division in which the residence of the student’s foster care placement is located.\n\t\t\t“Sending school division” means the school division in which the student last attended school.E\n\nNotwithstanding the provisions of subsections A, B, and C or § 22.1-3 or 22.1-5, no person of school age who is the subject of a foster care placement, as such term is defined in § 63.2-100, shall be charged tuition.F\n\nThe provisions of this section shall apply to any student who was in foster care upon reaching 18 years of age but who has not yet reached 22 years of age.G\n\nThe provisions of this section, with the exception of the provision of subsection C that requires a receiving school division to be accorded foster children education payments pursuant to § 22.1-101.1, shall apply to a student who has transitioned out of foster care and (i) whose custody has been transferred to the student’s parent or prior legal guardian or (ii) who has been emancipated pursuant to § 16.1-333.","order_by":null,"text":{"0":{"id":218572,"text":"Whenever a student has been placed in foster care by a local social services agency and the placing social services agency is unable to produce any of the documents required for enrollment pursuant to § 22.1-3.1, 22.1-270, or 22.1-271.2, the student shall immediately be enrolled; however, the person enrolling the student shall provide a written statement that, to the best of his knowledge, sets forth (i) the student’s age, (ii) compliance with the requirements of § 22.1-3.2, and (iii) that the student is in good health and is free from communicable or contagious disease.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":218573,"text":"The sending and receiving school divisions shall cooperate in facilitating the enrollment of any child placed in foster care across jurisdictional lines for the purpose of enhancing continuity of instruction. The child shall be allowed to continue to attend the school in which he was enrolled prior to the most recent foster care placement, upon the joint determination of the placing social services agency and the local school division that such attendance is in the best interest of the child.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":218574,"text":"In the event the student continues to attend the school in which he was enrolled prior to the most recent foster care placement, the receiving school division shall be accorded foster children education payments pursuant to § 22.1-101.1; further, the receiving school division may enter into financial arrangements with the sending school division pursuant to subsection C of § 22.1-5. Under no circumstances shall a child placed in foster care be charged tuition regardless of whether such child is attending the school in which he was enrolled prior to the most recent foster care placement or attending a school in the receiving school division.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":218575,"text":"For the purposes of subsections A, B, and C:\n\t\t\t“A child or student placed in foster care” means a pupil who is the subject of a foster care placement through an entrustment or commitment of such child to the local social services board or licensed child-placing agency pursuant to clause (ii) of the definition of “foster care placement” as set forth in § 63.2-100.\n\t\t\tFor the purposes of this section:\n\t\t\t“Receiving school division” means the school division in which the residence of the student’s foster care placement is located.\n\t\t\t“Sending school division” means the school division in which the student last attended school.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":218576,"text":"Notwithstanding the provisions of subsections A, B, and C or § 22.1-3 or 22.1-5, no person of school age who is the subject of a foster care placement, as such term is defined in § 63.2-100, shall be charged tuition.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":218577,"text":"The provisions of this section shall apply to any student who was in foster care upon reaching 18 years of age but who has not yet reached 22 years of age.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":218578,"text":"The provisions of this section, with the exception of the provision of subsection C that requires a receiving school division to be accorded foster children education payments pursuant to § 22.1-101.1, shall apply to a student who has transitioned out of foster care and (i) whose custody has been transferred to the student’s parent or prior legal guardian or (ii) who has been emancipated pursuant to § 16.1-333.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/22.1-3.4\/","history_text":"

This law was first created in 2005. The record of its establishment is cataloged in chapter 343<\/a> 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. It has been modified 3 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 2011, chapter 154<\/a>; in 2020, chapters 474<\/a> and 475<\/a>; in 2024, chapter 303<\/a>.<\/p>","references":[{"id":80543,"section_number":"22.1-289","catch_line":"Transfer and management of scholastic records; disclosure of information in court notices; penalty","order_by":null,"url":"\/22.1-289\/"},{"id":76064,"section_number":"63.2-900.3","catch_line":"School placement of children in foster care","order_by":null,"url":"\/63.2-900.3\/"}],"refers_to":[{"id":72397,"section_number":"16.1-333","catch_line":"Findings necessary to order that minor is emancipated","order_by":null,"url":"\/16.1-333\/"},{"id":74908,"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","order_by":null,"url":"\/22.1-101.1\/"},{"id":83399,"section_number":"22.1-270","catch_line":"Preschool physical examinations","order_by":null,"url":"\/22.1-270\/"},{"id":68882,"section_number":"22.1-271.2","catch_line":"Immunization requirements","order_by":null,"url":"\/22.1-271.2\/"},{"id":81351,"section_number":"22.1-3","catch_line":"Persons to whom public schools shall be free","order_by":null,"url":"\/22.1-3\/"},{"id":86526,"section_number":"22.1-3.1","catch_line":"Birth certificates required upon admission; required notice to the local law-enforcement agency","order_by":null,"url":"\/22.1-3.1\/"},{"id":82615,"section_number":"22.1-3.2","catch_line":"Notice of student's school status required as condition of admission; penalty","order_by":null,"url":"\/22.1-3.2\/"},{"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":72379,"section_number":"63.2-100","catch_line":"Definitions","order_by":null,"url":"\/63.2-100\/"}],"permalink":{"id":180981,"object_type":"law","relational_id":59686,"identifier":"22.1-3.4","token":"22.1\/1\/22.1-3.4","url":"\/22.1-3.4\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/22.1-3.4\/","token":"22.1\/1\/22.1-3.4","dublin_core":{"Title":"Enrollment of certain children placed in foster care","Type":"Text","Format":"text\/html","Identifier":"\u00a7 22.1-3.4","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Whenever a student has been placed in foster care by a local social services agency and the placing social services agency is unable to produce any of the documents required for enrollment pursuant to § 22.1-3.1<\/a>, 22.1-270<\/a>, or 22.1-271.2<\/a>, the student shall immediately be enrolled; however, the person enrolling the student shall provide a written statement that, to the best of his knowledge, sets forth (i) the student’s age, (ii) compliance with the requirements of § 22.1-3.2<\/a>, and (iii) that the student is in good health and is free from communicable or contagious disease. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The sending and receiving school divisions<\/span> shall cooperate in facilitating the enrollment of any child placed in foster care across jurisdictional lines for the purpose of enhancing continuity of instruction. The child shall be allowed to continue to attend the school in which he was enrolled prior to the most recent foster care placement<\/span>, upon the joint determination of the placing social services agency and the local school division that such attendance is in the best interest of the child. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> In the event the student continues to attend the school in which he was enrolled prior to the most recent foster care placement<\/span>, the receiving school division<\/span> shall be accorded foster children education payments pursuant to § 22.1-101.1<\/a>; further, the receiving school division<\/span> may enter into financial arrangements with the sending school division<\/span> pursuant to subsection C of § 22.1-5<\/a>. Under no circumstances shall a child placed in foster care be charged tuition regardless of whether such child is attending the school in which he was enrolled prior to the most recent foster care placement<\/span> or attending a school in the receiving school division<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> For the purposes of subsections A, B, and C:\n\t\t\t“A child or student placed in foster care<\/span>” means a pupil who is the subject of a foster care placement<\/span> through an entrustment or commitment of such child to the local social services board<\/span> or licensed child-placing agency pursuant to clause (ii) of the definition of “foster care placement<\/span>” as set forth in § 63.2-100<\/a>.\n\t\t\tFor the purposes of this section:\n\t\t\t“Receiving school division<\/span>” means the school division in which the residence of the student’s foster care placement<\/span> is located.\n\t\t\t“Sending school division<\/span>” means the school division in which the student last attended school. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Notwithstanding the provisions of subsections A, B, and C or § 22.1-3<\/a> or 22.1-5<\/a>, no person of school age<\/span> who is the subject of a foster care placement<\/span>, as such term is defined in § 63.2-100<\/a>, shall be charged tuition. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> The provisions of this section shall apply to any student who was in foster care upon reaching 18 years of age but who has not yet reached 22 years of age. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> The provisions of this section, with the exception of the provision of subsection C that requires a receiving school division<\/span> to be accorded foster children education payments pursuant to § 22.1-101.1<\/a>, shall apply to a student who has transitioned out of foster care and (i) whose custody<\/span> has been transferred to the student’s parent<\/span> or prior legal guardian or (ii) who has been emancipated pursuant to § 16.1-333<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nENROLLMENT OF CERTAIN CHILDREN PLACED IN FOSTER CARE (\u00a7 22.1-3.4)\n\nA. Whenever a student has been placed in foster care by a local social services\nagency and the placing social services agency is unable to produce any of the\ndocuments required for enrollment pursuant to § 22.1-3.1, 22.1-270, or\n22.1-271.2, the student shall immediately be enrolled; however, the person\nenrolling the student shall provide a written statement that, to the best of his\nknowledge, sets forth (i) the student’s age, (ii) compliance with the\nrequirements of § 22.1-3.2, and (iii) that the student is in good health\nand is free from communicable or contagious disease.\n\nB. The sending and receiving school divisions shall cooperate in facilitating\nthe enrollment of any child placed in foster care across jurisdictional lines\nfor the purpose of enhancing continuity of instruction. The child shall be\nallowed to continue to attend the school in which he was enrolled prior to the\nmost recent foster care placement, upon the joint determination of the placing\nsocial services agency and the local school division that such attendance is in\nthe best interest of the child.\n\nC. In the event the student continues to attend the school in which he was\nenrolled prior to the most recent foster care placement, the receiving school\ndivision shall be accorded foster children education payments pursuant to §\n22.1-101.1; further, the receiving school division may enter into financial\narrangements with the sending school division pursuant to subsection C of §\n22.1-5. Under no circumstances shall a child placed in foster care be charged\ntuition regardless of whether such child is attending the school in which he was\nenrolled prior to the most recent foster care placement or attending a school in\nthe receiving school division.\n\nD. For the purposes of subsections A, B, and C:\n\t\t\t“A child or student placed in foster care” means a pupil who is\nthe subject of a foster care placement through an entrustment or commitment of\nsuch child to the local social services board or licensed child-placing agency\npursuant to clause (ii) of the definition of “foster care placement”\nas set forth in § 63.2-100.\n\t\t\tFor the purposes of this section:\n\t\t\t“Receiving school division” means the school division in which\nthe residence of the student’s foster care placement is located.\n\t\t\t“Sending school division” means the school division in which the\nstudent last attended school.\n\nE. Notwithstanding the provisions of subsections A, B, and C or § 22.1-3 or\n22.1-5, no person of school age who is the subject of a foster care placement,\nas such term is defined in § 63.2-100, shall be charged tuition.\n\nF. The provisions of this section shall apply to any student who was in foster\ncare upon reaching 18 years of age but who has not yet reached 22 years of age.\n\nG. The provisions of this section, with the exception of the provision of\nsubsection C that requires a receiving school division to be accorded foster\nchildren education payments pursuant to § 22.1-101.1, shall apply to a\nstudent who has transitioned out of foster care and (i) whose custody has been\ntransferred to the student’s parent or prior legal guardian or (ii) who\nhas been emancipated pursuant to § 16.1-333.\n\nHISTORY: 2005, c. 343; 2011, c. 154; 2020, cc. 474, 475; 2024, c. 303.","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}}