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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>64701</law_id><section_number>58.1-439.25</section_number><catch_line>(Applicable to taxable years beginning January 1, 2028) Definitions</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><referred_to_by><reference>58.1-439.27</reference><reference>58.1-439.28</reference></referred_to_by><structure><unit label="title" level="1" order_by="1" identifier="58.1">Taxation</unit><unit label="subtitle" level="2" order_by="1" identifier="I">Taxes Administered by the Department of Taxation</unit><unit label="chapter" level="3" order_by="1" identifier="3">Income Tax</unit><unit label="article" level="4" order_by="1" identifier="13.3">Education Improvement Scholarships Tax Credits</unit></structure><text>
						<section><p>As used in this article, unless the context requires a different meaning:
		&#x201C;<span class="dictionary">Eligible pre-kindergarten child</span>&#x201D; means a child who is (i) a <span class="dictionary">resident</span> of Virginia; (ii) an at-risk four-year-old unable to obtain services through Head Start or Virginia Preschool Initiative programs; and (iii) enrolled in, eligible to attend, or attending a <span class="dictionary">nonpublic pre-kindergarten program</span> and whose family (a) does not have an annual household income in excess of 300 percent of the current <span class="dictionary">poverty guidelines</span> or 400 percent of such guidelines in cases in which an individualized education program has been written and finalized for the child in accordance with the federal <span class="dictionary">Individuals</span> with Disabilities Education Act (IDEA), regulations promulgated pursuant to IDEA, and regulations of the Board of Education; (b) is homeless as defined in 42 U.S.C. &#xA7;&#xA0;11302; or (c) includes a parent or guardian of the child who did not graduate from high school, and whose parent or guardian certifies to the <span class="dictionary">scholarship foundation</span> that the child was unable to obtain services through the Virginia Preschool Initiative in the public school division in which the child resides.
		&#x201C;<span class="dictionary">Eligible student with a disability</span>&#x201D; means a student (i) for whom an individualized educational program has been written and finalized in accordance with the federal <span class="dictionary">Individuals</span> with Disabilities Education Act (IDEA), regulations promulgated pursuant to IDEA, and regulations of the Board of Education; (ii) whose family&#x2019;s annual household income is not in excess of 400 percent of the current <span class="dictionary">poverty guidelines</span>; and (iii) who otherwise is a student as defined in this section.
		&#x201C;<span class="dictionary">Nonpublic pre-kindergarten program</span>&#x201D; means a pre-kindergarten program that is not operated, directly or indirectly, by a federal, state, or local government entity and that is (i) a preschool program designed for child development and kindergarten preparation that complies with nonpublic school accreditation requirements administered by the Virginia Council for Private Education pursuant to &#xA7;&#xA0;<a class="law" title="Accreditation of elementary, middle, and high schools; nursery schools; recognition of certain organizations; child day center regulation" href="/22.1-19/">22.1-19</a>; (ii) participating in <span class="dictionary">Virginia Quality</span> with a current designation of at least Level 3 under such quality rating system; or (iii) a child day center, as defined in &#xA7;&#xA0;<a class="law" title="Definitions" href="/63.2-100/">63.2-100</a>, that is licensed by the <span class="dictionary">Department</span> of Social Services pursuant to Subtitle IV (&#xA7;&#xA0;<a class="law" title="Application fees; regulations and schedules; use of fees; certain facilities, centers, and agencies exempt" href="/63.2-1700/">63.2-1700</a> et seq.) of Title 63.2 and implements a curriculum, professional development program, and coaching model developed and endorsed by a baccalaureate public institution of higher education, as defined in &#xA7;&#xA0;<a class="law" title="Definitions" href="/23.1-100/">23.1-100</a>.
		&#x201C;<span class="dictionary">Poverty guidelines</span>&#x201D; means the <span class="dictionary">poverty guidelines</span> for the 48 contiguous states and the District of Columbia updated annually in the Federal Register by the U.S. <span class="dictionary">Department</span> of Health and Human Services under the authority of &#xA7;&#xA0;673(2) of the Omnibus Budget Reconciliation Act of 1981.
		&#x201C;<span class="dictionary">Qualified educational expenses</span>&#x201D; means school-related tuition and instructional fees and <span class="dictionary">materials</span>, including textbooks, workbooks, and supplies used solely for school-related work.
		&#x201C;<span class="dictionary">Scholarship foundation</span>&#x201D; means a nonstock, nonprofit <span class="dictionary">corporation</span> that is (i) exempt from taxation under &#xA7;&#xA0;501(c)(3) of the Internal Revenue Code of 1954, as amended or renumbered; (ii) approved by the <span class="dictionary">Department</span> of Education in accordance with the provisions of &#xA7;&#xA0;<a class="law" title="Scholarship foundation eligibility and requirements; list of foundations receiving donations" href="/58.1-439.27/">58.1-439.27</a>; and (iii) established to provide financial aid for the education of <span class="dictionary">students</span> residing in the Commonwealth.
		&#x201C;Student&#x201D; means a child who is a <span class="dictionary">resident</span> of Virginia and (i) in the current school year has enrolled and attended a public school in the Commonwealth for at least one-half of the year, (ii) for the school year that immediately preceded his receipt of a <span class="dictionary">scholarship foundation</span> scholarship was enrolled and attended a public school in the Commonwealth for at least one-half of the year, (iii) is a prior recipient of a <span class="dictionary">scholarship foundation</span> scholarship, (iv) is eligible to enter kindergarten or eligible to enter first grade, or (v) for the school year that immediately preceded his receipt of a <span class="dictionary">scholarship foundation</span> scholarship was domiciled in a state other than the Commonwealth and did not attend a nonpublic school in the Commonwealth for more than one-half of the school year. &#x201C;Student&#x201D; does not include an <span class="dictionary">eligible pre-kindergarten child</span>.
		&#x201C;<span class="dictionary">Virginia Quality</span>&#x201D; means a quality rating and improvement system for early childhood programs administered in partnership between the Virginia Early Childhood Foundation and the Office of Early Childhood Development of the <span class="dictionary">Department</span> of Social Services.</p></section></text><history>2012, cc. 731, 842; 2013, cc. 713, 716; 2019, cc. 808, 817.</history><metadata></metadata></law>
