                                 CODE OF VIRGINIA

ALTERNATIVE ATTENDANCE PROGRAMS (§ 22.1-269.1)

A. The Board of Education shall promulgate regulations for the voluntary
participation of school divisions in programs to allow each school-age child to
receive educational services at another public school, either in the division in
which the child resides or in another division, as selected by the child&#8217;s
parent or guardian. Each public school in a school division participating in an
alternative attendance program shall be eligible to participate in an
alternative attendance program unless exceptional circumstances, as defined by
the Board of Education, render the participation of the school contrary to
public interest.

B. The Board&#8217;s regulations shall be promulgated under the provisions of
the Administrative Process Act (&#xA7; 2.2-4000 et seq.) and shall include, but
shall not be limited to, provisions which address the following: the required
acknowledgement by a local school of its decision to participate in an
alternative attendance program, including school board resolutions for
intradistrict programs and agreements between divisions participating in
interdistrict programs; the equitable allocation of places to accommodate
students when there are insufficient places to serve such students;
transportation and school bus scheduling needs within the local school
divisions; school enrollment capacity, class size, pupil-teacher ratios, and
staffing levels for related instructional, administrative, and supervisory
personnel as required by the Standards of Quality and the Standards for
Accrediting Public Schools; the adequacy of school resources to accommodate an
increase in student enrollment, grade level designations, and course offerings;
the enrollment of students whose education is subject to an individualized
education plan (I.E.P.) as required under P.L. 94-142 as amended; the
preservation of the uniqueness of schools established for particular educational
purposes; the fiscal impact of accommodating parental preference on local school
divisions; in the case of interdistrict attendance programs, the establishment
of tuition charges authorized by &#xA7; 22.1-5; and the need to maintain racial
balance in the public schools. The regulations shall also establish the value of
educational services, based on consideration of per pupil expenditures and state
aid in the affected school. Any local school board which has been ordered by a
state or federal court to achieve racial balance in its public schools shall
maintain such racial balance when accommodating preference in the assignment of
children to a school.

C. From such funds as may be appropriated, the Board shall provide for the
independent evaluation of this alternative attendance program and shall submit
the evaluation to the Governor, the Senate, and the House of Delegates by
January 1 of each year.

HISTORY: 1993, c. 947.