                                 CODE OF VIRGINIA

REGULATIONS CONCERNING ADMISSION OF CERTAIN PERSONS TO SCHOOLS; TUITION CHARGES
(§ 22.1-5)

A. Consistent with Article VIII, Section 1 of the Constitution of Virginia, no
person may be charged tuition for admission or enrollment in the public schools
of the Commonwealth, whether on a full-time or part-time basis, who meets the
residency criteria set forth in § 22.1-3. No person of school age shall be
charged tuition for enrollment in a program preparing students to pass a high
school equivalency examination approved by the Board of Education or alternative
program offered as a regional or divisionwide initiative by the local school
division in which such person is deemed to reside pursuant to § 22.1-3.
Further, no person of school age shall be denied admission or charged tuition
when (i) such person&#8217;s custodial parent has been deployed outside the
United States as a member of the Virginia National Guard or as a member of the
United States armed forces; and (ii) such person&#8217;s custodial parent has
executed a Special Power of Attorney under Title 10, United States Code, §
1044b providing for the care of the person of school age by an individual who is
defined as a parent in § 22.1-1 during the time of his deployment outside the
United States. The person of school age shall be allowed to attend a school in
the school division in which the individual providing for his care, pursuant to
the Special Power of Attorney under Title 10, United States Code, § 1044b,
resides. Furthermore, when practicable, such persons of school age may continue
to attend school in the Virginia school division they attended immediately prior
to the deployment and shall not be charged tuition for attending such division.
			The following persons may, however, in the discretion of the school board of
a school division and pursuant to regulations adopted by the school board, be
admitted into the public schools of the division and may, in the discretion of
the school board, be charged tuition:

   1. Persons who reside within the school division but who are not of school
   age.

   2. Persons of school age who are residents of the Commonwealth but who do not
   reside within the school division, except as provided in this section.

   3. Persons of school age who are attending school in the school division
   pursuant to a foreign student exchange program approved by the school board.

   4. Persons of school age who reside beyond the boundaries of the Commonwealth
   but near thereto in a state or the District of Columbia which grants the same
   privileges to residents of the Commonwealth.

   5. Persons of school age who reside on a military or naval reservation located
   wholly or partly within the geographical boundaries of the school division and
   who are not domiciled residents of the Commonwealth of Virginia; however, no
   person of school age residing on a military or naval reservation located
   wholly or partly within the geographical boundaries of the school division may
   be charged tuition if federal funds provided under P.L. 874 of 1950, commonly
   known as Impact Aid, shall fund such students at not less than 50 percent of
   the total per capita cost of education, exclusive of capital outlay and debt
   service, for elementary or secondary pupils, as the case may be, of such
   school division. Notwithstanding any other provision of law to the contrary,
   such persons of school age who reside on a military or naval reservation with
   military-owned housing located wholly or partly within the geographical
   boundaries of multiple school divisions shall be deemed eligible for
   interscholastic programs immediately upon enrollment in a public elementary or
   secondary school in any of the aforementioned school divisions, provided that
   such persons (i) satisfy all other requirements for eligibility and (ii) are
   dependents of a military service member required by the military to live on
   the military installation as evidenced by a statement on command letterhead
   signed by, or by direction of, the service member&#8217;s commanding officer.

   6. Persons of school age who, as domiciled residents of the Commonwealth who
   were enrolled in a public school within the school division, are required as a
   result of military or federal orders issued to their parents to relocate and
   reside on federal property in another state or the District of Columbia, if
   the school division subsequently enrolling such persons is contiguous to such
   state or District of Columbia.

   7. Persons of school age who reside in the school division and who are
   enrolled in summer programs, exclusive of required remediation as provided in
   &#xA7; 22.1-253.13:1, or in local initiatives or programs not required by the
   Standards of Quality or the Standards of Accreditation.
   				For the purposes of determining the residency of persons described in
   subdivisions 1 and 2, local school boards shall adopt regulations consistent
   with the residency requirements regarding persons residing in housing or
   temporary shelter, or on property located in multiple jurisdictions, as
   articulated in &#xA7; 22.1-3.

B. Persons of school age who are not residents of the Commonwealth but are
living temporarily with persons residing within a school division may, in the
discretion of the school board and pursuant to regulations adopted by it, be
admitted to the public schools of the school division. Tuition shall be charged
such persons.

C. No tuition charge authorized or required in this section shall exceed the
total per capita cost of education, exclusive of capital outlay and debt
service, for elementary or secondary pupils, as the case may be, of such school
division and the actual, additional costs of any special education or gifted and
talented program provided the pupil, except that if the tuition charge is
payable by the school board of the school division of the pupil&#8217;s
residence pursuant to a contract entered into between the two school boards, the
tuition charge shall be that fixed by such contract.

D. School boards may accept and provide programs for students for whom English
is a second language who entered school in Virginia for the first time after
reaching their twelfth birthday, and who have not reached 22 years of age on or
before August 1 of the school year. No tuition shall be charged such students,
if state funding is provided for such programs.

HISTORY: Code 1950, §§ 22-218.3, 22-219, 22-220; 1958, c. 628; 1959, Ex.
Sess., c. 81, § 1; 1964, c. 192; 1968, c. 178; 1976, cc. 681, 713; 1978, c.
140; 1980, c. 559; 1981, c. 342; 1993, c. 293; 1994, c. 887; 1999, cc. 394, 443,
465, 988; 2000, c. 253; 2004, c. 967; 2007, c. 42; 2013, cc. 641, 669; 2014, c.
84.