                                 CODE OF VIRGINIA

REGIONAL ALTERNATIVE EDUCATION PROGRAMS FOR CERTAIN STUDENTS (§ 22.1-209.1:2)

A. With such funds as may be appropriated for this purpose, the Board of
Education shall establish a program consisting of regional alternative education
options for elementary, middle, and high school students in compliance with
subdivision D 7 of &#xA7; 22.1-253.13:1 who (i) have committed an offense in
violation of school board policies relating to weapons, alcohol or drugs, or
intentional injury to another person, or against whom a petition or warrant has
been filed alleging such acts or school board charges alleging such policy
violations are pending; (ii) have been expelled from school attendance or have
received one suspension for an entire semester, or have received two or more
long-term suspensions within one school year; or (iii) have been released from a
juvenile correctional center and have been identified by the Superintendent of
the Department of Juvenile Justice&#8217;s Division of Education and the
relevant division superintendent as requiring a regional alternative education
program. Based on available space, a student may also be administratively
assigned to a regional alternative education program either at the request of
the parent and with the consent of the division superintendent or by the
division superintendent after written notice to the student and his parent. Such
notice of the opportunity for the student and/or his parent to participate in a
hearing conducted by the division superintendent or his designee regarding such
placement shall be issued and the assignment shall be final unless altered by
the school board, upon timely written petition, in accordance with regulations
of the school board, by the student or his parent, for a review of the record by
the school board. However, no child shall be assigned to any regional
alternative education program described in this section for more than one school
year without an annual assessment of the placement to determine the
appropriateness of transitioning the child into the school division&#8217;s
regular program.

B. Applications for grants shall include the following components:

   1. An agreement executed by two or more school divisions and approval of their
   respective governing bodies to offer a regional alternative education option
   as provided in subsection A, and a plan for the apportionment of
   responsibilities for the administration, management, and support of the
   program, including, but not limited to, the facilities and location for the
   program, daily operation and oversight, staffing, instructional materials and
   resources, transportation, funding and in-kind services, and the program of
   instruction.

   2. A procedure for obtaining the participation in or support for the program,
   as may be determined, of the parents, guardian or other person having charge
   or control of a child placed in the program.

   3. An interagency agreement for cooperation executed by the local departments
   of health and social services or welfare; the juvenile and domestic relations
   district court; law-enforcement agencies; institutions of higher education and
   other postsecondary training programs; professional and community
   organizations; the business and religious communities; dropout prevention and
   substance abuse prevention programs; community services boards located in the
   applicants&#8217; respective jurisdictions; and the Department of Juvenile
   Justice.

   4. A curriculum developed for intensive, accelerated instruction designed to
   establish high standards and academic achievement for participating students.

   5. An emphasis on building self-esteem and the promotion of personal and
   social responsibility.

   6. A low pupil/teacher ratio to promote a high level of interaction between
   the students and the teacher.

   7. An extended day program, where appropriate, to facilitate remediation;
   tutoring; counseling; organized, age-appropriate, developmental education for
   elementary and middle school children; and opportunities that enhance
   acculturation and permit students to improve their social and interpersonal
   relationship skills.

   8. Community outreach to build strong school, business, and community
   partnerships, and to promote parental involvement in the educational process
   of participating children.

   9. Specific, measurable goals and objectives and an evaluation component to
   determine the program&#8217;s effectiveness in reducing acts of crime and
   violence by students, the dropout rate, the number of youth committed to
   juvenile correctional centers, and recidivism; and in increasing the academic
   achievement levels and rehabilitative success of participating students,
   admission to institutions of higher education and other postsecondary
   education and training programs, and improving staff retention rates.

   10. The number of children who may be assigned to the regional alternative
   education program during the school year.

   11. A plan for transitioning the enrolled students into the relevant school
   division&#8217;s regular program.

   12. A current program of staff development and training.

C. Beginning with the first year of program implementation, the Department of
Education shall be entitled to deduct annually from the locality&#8217;s share
for the education of its students a sum equal to the actual local expenditure
per pupil for the support of those students placed by the relevant school
division in any such program. The amount of the actual transfers shall be based
on data accumulated during the prior school year.

D. A school board shall require written notification to the pupil&#8217;s
parent, guardian, or other person having charge or control, when a pupil commits
an offense in violation of school board policies, which school officials
determine was committed without the willful intent to violate such policies, or
when the offense did not endanger the health and safety of the individual or
other persons, of the nature of the offense no later than two school days
following its occurrence. A school board shall require the principal of the
school where the child is in attendance or other appropriate school personnel to
develop appropriate measures, in conjunction with the pupil&#8217;s parent or
guardian, for correcting such behavior.

E. For the purposes of this section, &#8220;regional alternative education
program&#8221; means a program supported and implemented by two or more school
divisions which are either geographically contiguous or have a community of
interest.

F. For the purposes of this section, &#8220;one school year&#8221; means no more
than 180 teaching days.

HISTORY: 1993, cc. 819, 856; 1994, c. 762; 1995, c. 533; 1996, cc. 755, 914;
2000, c. 739; 2004, cc. 939, 955; 2009, cc. 792, 802; 2010, c. 61; 2012, cc.
803, 835.