{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/22.1-7.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/22.1-7.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/22.1-7.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/22.1-7.html"}],"law_id":86640,"edition_id":1,"section_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","history":"Code 1950, \u00a7 22-9.1:04; 1972, c. 603; 1974, c. 480; 1980, c. 559; 1985, c. 207; 1994, c. 854; 2005, c. 928; 2009, cc. 813, 840; 2012, cc. 476, 507; 2019, cc. 173, 281.","full_text":"A\n\nEach state board, state agency, and state institution having children in residence or in custody shall have responsibility for providing for the education and training to such children which is at least comparable to that which would be provided to such children in the public school system. Such board, agency, or institution may provide such education and training either directly with its own facilities and personnel in cooperation with the Board of Education or under contract with a school division or any other public or private nonreligious school, agency, or institution.B\n\nThe Board of Education shall supervise the education and training provided to school-age individuals in state training centers, and shall provide for and direct the education for school-age individuals in state hospitals operated by the Department of Behavioral Health and Developmental Services in cooperation with the Department of Behavioral Health and Developmental Services.C\n\nThe Board shall prescribe standards and regulations for all such education and training provided directly by a state board, state agency, or state institution.D\n\nEach state board, state agency, or state institution providing such education and training shall submit annually its program therefor to the Board of Education for approval in accordance with regulations of the Board.E\n\nIf any child in the custody of any state board, state agency, or state institution is a child with disabilities as defined in § 22.1-213 and such board, agency, or institution must contract with a private nonreligious school to provide special education as defined in § 22.1-213 for such child, the state board, state agency, or state institution may proceed as a guardian pursuant to the provisions of subsection A of § 22.1-218.F\n\nAny person of school age who is admitted pursuant to § 16.1-338, 16.1-339, or 16.1-340.1 or in accordance with an order of involuntary commitment entered pursuant to §§ 16.1-341 through 16.1-345 to a state facility for children and adolescents operated by the Department of Behavioral Health and Developmental Services shall, upon admission, be permitted to participate in any education program offered in the facility that is administered by the Department of Education, regardless of his enrollment status. Information required to enroll such person in any such education program may be disclosed in accordance with state and federal law. Nothing in this subsection shall be construed to require enrollment in an education program if such person has been excused from attendance at school pursuant to subdivision B 1 of § 22.1-254.","order_by":null,"text":{"0":{"id":310288,"text":"Each state board, state agency, and state institution having children in residence or in custody shall have responsibility for providing for the education and training to such children which is at least comparable to that which would be provided to such children in the public school system. Such board, agency, or institution may provide such education and training either directly with its own facilities and personnel in cooperation with the Board of Education or under contract with a school division or any other public or private nonreligious school, agency, or institution.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":310289,"text":"The Board of Education shall supervise the education and training provided to school-age individuals in state training centers, and shall provide for and direct the education for school-age individuals in state hospitals operated by the Department of Behavioral Health and Developmental Services in cooperation with the Department of Behavioral Health and Developmental Services.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":310290,"text":"The Board shall prescribe standards and regulations for all such education and training provided directly by a state board, state agency, or state institution.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":310291,"text":"Each state board, state agency, or state institution providing such education and training shall submit annually its program therefor to the Board of Education for approval in accordance with regulations of the Board.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":310292,"text":"If any child in the custody of any state board, state agency, or state institution is a child with disabilities as defined in § 22.1-213 and such board, agency, or institution must contract with a private nonreligious school to provide special education as defined in § 22.1-213 for such child, the state board, state agency, or state institution may proceed as a guardian pursuant to the provisions of subsection A of § 22.1-218.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":310293,"text":"Any person of school age who is admitted pursuant to § 16.1-338, 16.1-339, or 16.1-340.1 or in accordance with an order of involuntary commitment entered pursuant to §§ 16.1-341 through 16.1-345 to a state facility for children and adolescents operated by the Department of Behavioral Health and Developmental Services shall, upon admission, be permitted to participate in any education program offered in the facility that is administered by the Department of Education, regardless of his enrollment status. Information required to enroll such person in any such education program may be disclosed in accordance with state and federal law. Nothing in this subsection shall be construed to require enrollment in an education program if such person has been excused from attendance at school pursuant to subdivision B 1 of § 22.1-254.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/22.1-7\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 9 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 1972, chapter 603; in 1974, chapter 480; in 1980, chapter 559; in 1985, chapter 207; in 1994, chapter 854<\/a>; in 2005, chapter 928<\/a>; in 2009, chapters 813<\/a> and 840<\/a>; in 2012, chapters 476<\/a> and 507<\/a>; in 2019, chapters 173<\/a> and 281<\/a>.<\/p>","references":[{"id":83112,"section_number":"22.1-209.2","catch_line":"Programs and teachers in regional detention homes, certain local detention homes and state agencies and institutions","order_by":null,"url":"\/22.1-209.2\/"}],"refers_to":[{"id":77269,"section_number":"16.1-338","catch_line":"Parental admission of minors younger than 14 and nonobjecting minors 14 years of age or older","order_by":null,"url":"\/16.1-338\/"},{"id":53935,"section_number":"16.1-339","catch_line":"Parental admission of an objecting minor 14 years of age or older","order_by":null,"url":"\/16.1-339\/"},{"id":68740,"section_number":"16.1-340.1","catch_line":"Involuntary temporary detention; issuance and execution of order","order_by":null,"url":"\/16.1-340.1\/"},{"id":80409,"section_number":"16.1-341","catch_line":"Involuntary commitment; petition; hearing scheduled; notice and appointment of counsel","order_by":null,"url":"\/16.1-341\/"},{"id":58318,"section_number":"16.1-345","catch_line":"Involuntary commitment; criteria","order_by":null,"url":"\/16.1-345\/"},{"id":86043,"section_number":"22.1-213","catch_line":"Definitions","order_by":null,"url":"\/22.1-213\/"},{"id":64677,"section_number":"22.1-254","catch_line":"Compulsory attendance required; excuses and waivers; alternative education program attendance; exemptions from article","order_by":null,"url":"\/22.1-254\/"}],"permalink":{"id":181021,"object_type":"law","relational_id":86640,"identifier":"22.1-7","token":"22.1\/1\/22.1-7","url":"\/22.1-7\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/22.1-7\/","token":"22.1\/1\/22.1-7","dublin_core":{"Title":"Responsibility of each state board, agency, and institution having children in residence or in custody","Type":"Text","Format":"text\/html","Identifier":"\u00a7 22.1-7","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Each state board<\/span>, state agency, and state institution having children in residence or in custody<\/span> shall have responsibility for providing for the education and training to such children which is at least comparable to that which would be provided to such children in the public school system. Such board, agency, or institution may provide such education and training either directly with its own facilities and personnel in cooperation with the Board of Education or under contract<\/span> with a school division or any other public or private nonreligious school, agency, or institution. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The Board of Education shall supervise the education and training provided to school-age individuals in state training centers, and shall provide for and direct the education for school-age individuals in state hospitals operated by the Department<\/span> of Behavioral Health and Developmental Services in cooperation with the Department<\/span> of Behavioral Health and Developmental Services. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The Board shall prescribe standards and regulations for all such education and training provided directly by a state board<\/span>, state agency, or state institution. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Each state board<\/span>, state agency, or state institution providing such education and training shall submit annually its program therefor to the Board of Education for approval in accordance with regulations of the Board. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> If any child in the custody<\/span> of any state board<\/span>, state agency, or state institution is a child with disabilities as defined in § 22.1-213<\/a> and such board, agency, or institution must contract<\/span> with a private nonreligious school to provide special education as defined in § 22.1-213<\/a> for such child, the state board<\/span>, state agency, or state institution may proceed as a guardian pursuant to the provisions of subsection A of § 22.1-218<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Any person of school age<\/span> who is admitted pursuant to § 16.1-338<\/a>, 16.1-339<\/a>, or 16.1-340.1<\/a> or in accordance with an order<\/span> of involuntary commitment entered pursuant to §§ 16.1-341<\/a> through 16.1-345<\/a> to a state facility for children and adolescents operated by the Department<\/span> of Behavioral Health and Developmental Services shall, upon admission, be permitted to participate in any education program offered in the facility that is administered by the Department<\/span> of Education, regardless of his enrollment status. Information required to enroll such person in any such education program may be disclosed in accordance with state and federal law<\/span>. Nothing in this subsection shall be construed to require enrollment in an education program if such person has been excused from attendance at school pursuant to subdivision B 1 of § 22.1-254<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nRESPONSIBILITY OF EACH STATE BOARD, AGENCY, AND INSTITUTION HAVING CHILDREN IN\nRESIDENCE OR IN CUSTODY (\u00a7 22.1-7)\n\nA. Each state board, state agency, and state institution having children in\nresidence or in custody shall have responsibility for providing for the\neducation and training to such children which is at least comparable to that\nwhich would be provided to such children in the public school system. Such\nboard, agency, or institution may provide such education and training either\ndirectly with its own facilities and personnel in cooperation with the Board of\nEducation or under contract with a school division or any other public or\nprivate nonreligious school, agency, or institution.\n\nB. The Board of Education shall supervise the education and training provided to\nschool-age individuals in state training centers, and shall provide for and\ndirect the education for school-age individuals in state hospitals operated by\nthe Department of Behavioral Health and Developmental Services in cooperation\nwith the Department of Behavioral Health and Developmental Services.\n\nC. The Board shall prescribe standards and regulations for all such education\nand training provided directly by a state board, state agency, or state\ninstitution.\n\nD. Each state board, state agency, or state institution providing such education\nand training shall submit annually its program therefor to the Board of\nEducation for approval in accordance with regulations of the Board.\n\nE. If any child in the custody of any state board, state agency, or state\ninstitution is a child with disabilities as defined in § 22.1-213 and such\nboard, agency, or institution must contract with a private nonreligious school\nto provide special education as defined in § 22.1-213 for such child, the\nstate board, state agency, or state institution may proceed as a guardian\npursuant to the provisions of subsection A of § 22.1-218.\n\nF. Any person of school age who is admitted pursuant to § 16.1-338,\n16.1-339, or 16.1-340.1 or in accordance with an order of involuntary commitment\nentered pursuant to §§ 16.1-341 through 16.1-345 to a state facility\nfor children and adolescents operated by the Department of Behavioral Health and\nDevelopmental Services shall, upon admission, be permitted to participate in any\neducation program offered in the facility that is administered by the Department\nof Education, regardless of his enrollment status. Information required to\nenroll such person in any such education program may be disclosed in accordance\nwith state and federal law. Nothing in this subsection shall be construed to\nrequire enrollment in an education program if such person has been excused from\nattendance at school pursuant to subdivision B 1 of § 22.1-254.\n\nHISTORY: Code 1950, \u00a7 22-9.1:04; 1972, c. 603; 1974, c. 480; 1980, c. 559;\n1985, c. 207; 1994, c. 854; 2005, c. 928; 2009, cc. 813, 840; 2012, cc. 476,\n507; 2019, cc. 173, 281.","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}}