                                 CODE OF VIRGINIA

RESPONSIBILITY OF EACH STATE BOARD, AGENCY, AND INSTITUTION HAVING CHILDREN IN
RESIDENCE OR IN CUSTODY (§ 22.1-7)

A. 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.

B. 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.

C. The Board shall prescribe standards and regulations for all such education
and training provided directly by a state board, state agency, or state
institution.

D. 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.

E. If any child in the custody of any state board, state agency, or state
institution is a child with disabilities as defined in &#xA7; 22.1-213 and such
board, agency, or institution must contract with a private nonreligious school
to provide special education as defined in &#xA7; 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 &#xA7; 22.1-218.

F. Any person of school age who is admitted pursuant to &#xA7; 16.1-338,
16.1-339, or 16.1-340.1 or in accordance with an order of involuntary commitment
entered pursuant to &#xA7;&#xA7; 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 &#xA7; 22.1-254.

HISTORY: Code 1950, § 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.