HB 1764 — Regional school boards; full-time virtual school programs.

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' 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'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'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'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'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's parent or guardian, for correcting such behavior.

E.

For the purposes of this section, "regional alternative education program" 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, "one school year" means no more than 180 teaching days.

contracts with local school boards and regional school boards.

Local school boards may individually or jointly enter into contracts, consistent with the criteria approved by the Board pursuant to this section, with approved private or nonprofit organizations to provide multidivision online courses and virtual school programs.

RegionalThe schoolDepartment boardsof Education shall negotiate andwith entermultidivision intoonline contracts,providers consistent with the criteriarate approvedcharged by thesuch Boardproviders to provide full-time virtual school programs pursuant to contracts with school boards as set forth in subdivision D 4 of § 22.1-253.13:1, but nothing in this section,subsection withshall atbe leastconstrued to prohibit school boards from individually or jointly negotiating rates charged by one approvedor more multidivision online providerproviders to operateprovide asuch full-time virtual school program.programs.

§ 22.1-212.25.22.1-225.

InformationAuthority regardingof onlineschool coursesboards. and virtual programs;

report.

TheLocal Departmentschool ofboards Education shall developprovide andadult maintaineducation aprograms, websitein thatcompliance provideswith objectivesubdivision informationD for8 students,9 parents,of and§ educators22.1-253.13:1, regardingfor onlineresidents coursesof andthe virtual programs offered through local school boardsdivision andand, regional school boards by multidivision online providers that have been approved in accordancetheir withdiscretion, §may 22.1-212.24charge andappropriate coursesfees offeredto throughpersons theadmitted Virtualto Virginiasuch Program.programs.

The website shall include information regarding the overall instructional programs, the specific content of individual online courses and online programs, a direct link to each multidivision online provider's website, how to register for online learning programs and courses, teacher qualifications, course completion rates, and other evaluative and comparative information.

The website shall also provide information regarding the process and criteria for approving multidivision online providers.

Multidivision online providers shall provide the Department of Education the required information for the website as a condition of maintaining Board approval.

TheWith Superintendentsuch funds as may be appropriated for the purposes of Publicthis Instructionarticle, school boards shall developseek modelto policiesensure andthat proceduresevery regardingadult studentparticipating accessin such program has an opportunity to onlineearn coursesa andhigh onlineschool learningdiploma programsor thatpass maya behigh usedschool equivalency examination approved by localthe schoolBoard divisions.of Education.

Nothing in this article shall be deemed to require a local school division to adopt model policies or procedures developed pursuant to this section.

C.

Beginning November 1, 2011, and annually thereafter, the Board of Education shall include in its annual report to the Governor and the General Assembly information regarding multidivision online learning during the previous school year.

The information shall include but not be limited to student demographics, course enrollment data, parental satisfaction, aggregated student course completion and passing rates, and activities and outcomes of course and provider approval reviews.

The November 1, 2011, report shall be an interim progress report and include information on the criteria and processes adopted by the Board and outcomes of provider applications.

D.

By July 1, 2011, local school boards shall post on their websites information regarding online courses and programs that are available through the school division and Virtual Virginia.

Such information shall include but not be limited to the types of online courses and programs available to students through the school division, when the school division will pay course fees and other costs for nonresident students, and the granting of high school credit.

§ 22.1-212.27.

Students enrolled in online courses and virtual programs.

A.

Any student enrolled in any online course or virtual program offered by a local school division board or regional school board shall be enrolled in a public school in Virginia as provided in § 22.1-3.1.

B.

A student's parent or guardian shall give written permission prior to the enrollment of the student in any full-time virtual program offered by a local school division board or regional school board.

C.

A student shall not be charged tuition for enrolling in any online course or virtual program offered by the school division board that governs the local school division in which he resides or by the regional school board that governs the participating local school division in which he resides, pursuant to § 22.1-3.

However, tuition may be charged to students who do not reside within the boundaries of the local school division offering that is governed by the school board that offers such course or program or the boundaries of any participating local school division that is governed by the regional school board that offers such course or program, pursuant to § 22.1-5.

Article 1.5.

Regional School Boards;

Full-Time Virtual School Programs.

§ 22.1-212.28.

Definitions.

As used in this article, unless the context requires a different meaning:

"Full time" means consisting of at least five online courses.

"Local school division of residence" means that local school division in which a student resides and is enrolled.

"Participating local school division" means each local school division located in one of eight superintendent's regions.

"Regional school board" means a board that is composed of one member of each local school board that governs each participating local school division in the superintendent's region and that is established for the purpose of operating a full-time virtual school program that is available to each student enrolled in each participating local school division.

"Virtual school program" has the same meaning as provided in § 22.1-212.23.

§ 22.1-212.29.

Regional school boards to be established;

duties.

A.

A regional school board shall be established in each of the eight superintendent's regions in the Commonwealth.

Any such regional school board may consist of the regional board that is established to operate a regional vocational center, special education center, alternative education center, or academic year Governor's School.

B.

Each regional school board shall:

1.

Establish policies and regulations for its governance, subject to such criteria and conditions as the Board may prescribe;

2.

Negotiate and enter into a contract, consistent with the criteria approved by the Board pursuant to subsection A of § 22.1-212.24, with at least one approved multidivision online provider, as that term is defined in § 22.1-212.23, to operate a full-time virtual school program.

Such contracts shall be exempt from the Virginia Public Procurement Act (§ 2.2-4300 et seq.);

3.

Determine the per pupil amount of funding to be contributed by the local school board that governs each participating local school division and ensure that the amount of funding is equitable and adequate to sustain a full-time virtual school program in the superintendent's region;

4.

Establish policies and regulations to ensure equal access to and an equal opportunity to participate in full-time virtual school programs for all students, including students with disabilities, regardless of whether such students are financially able to provide their own computer and Internet access;

5.

Establish procedures for enrollment in the full-time virtual school program, including a procedure for the implementation of a waiting list as required by subsection C of § 22.1-212.30;

and 6.

Inform parents, students, school counselors, school administrators, teachers, student services personnel, and school support staff of the availability of the full-time virtual school program.

§ 22.1-212.30.

Persons eligible;

availability;

standards.

A.

Any person of school age in the Commonwealth, as determined pursuant to subsection A of § 22.1-254, who is enrolled in the appropriate public elementary or secondary school in the attendance zone in which he resides and meets all attendance requirements pursuant to § 22.1-254 is eligible to participate in his local school division of residence in the full-time virtual school program established by the relevant regional school board.

B.

Each local school board shall make the option to participate in a full-time online learning program or full-time virtual school program available to at least two percent of students enrolled in the local school division.

Any school board may satisfy such requirement by providing the option to participate in the full-time virtual school program offered by the relevant regional school board.

C.

In the event that enrollment requests exceed the capacity of its full-time virtual school program, the regional school board shall establish a waiting list that is prioritized through a random, unbiased selection process.

D.

The full-time virtual school program offered by each regional school board is subject to the requirements of the Standards of Quality, including the Standards of Learning and the Standards of Accreditation.

E.

Each student who participates in a full-time virtual school program offered by a regional school board shall take all applicable Standards of Learning assessments.

The results of such assessments shall be reported to the school in which the student is enrolled and, for purposes of state accountability, included in the Board's calculation of such school's Standards of Learning assessment passage rate.

F.

Nothing in this article shall be construed to restrict a local school board's authority to establish or continue to operate its own part-time or full-time online learning program or virtual school program.

§ 22.1-212.31.

Funding.

A.

Each student who participates in a full-time virtual school program offered by a regional school board shall be counted in the March 31 average daily membership of his local school division of residence.

The per pupil share of state funds distributed to such local school division shall include all funds that are based on average daily membership, including Standards of Quality funding and Lottery funds.

Such students shall be counted in the calculation of the required local effort of the local school division of residence.

B.

Consistent with subsection B of § 22.1-212.29, the per pupil amount of funding contributed by the school board that governs each participating local school division shall be determined by the regional school board.

The amount of such funding, which may include local and federal funding in addition to all or part of the state's share of funding, shall be based upon local utilization and the actual costs of each full-time virtual school program and shall be adequate to sustain such program.

C.

Each participating local school division shall continue to receive all state and federal funds for which it is eligible that are associated with providing special education and other services to students who participate in the full-time virtual school program offered by the regional school board.

§ 22.1-212.32.

Special education;

student services.

A.

In accordance with the provisions of § 22.1-215, the local school division of residence shall provide free and appropriate education, including special education, for children with disabilities who participate in a full-time virtual school program offered by a regional school board.

B.

Each student who participates in a full-time virtual school program offered by a regional school board is entitled to receive student services and participate in school programs and activities in his local school division of residence on the same basis as any other student enrolled in such local school division.

A full-time virtual school program (i) that is developed and implemented by the school board, offered through one or more contracts with approved multidivision online providers, or provided jointly with one or more school boards and (ii) in which any school-age person, as determined pursuant to subsection A of § 22.1-254, who resides in the school division shall be eligible to participate, subject to the following conditions and requirements:

a.

The full-time virtual school program shall be made available to a minimum of two percent of the number of students enrolled in the school division.

In the event that enrollment requests exceed the capacity of the program, the school board shall establish a waiting list.

b.

The school board shall establish policies and regulations to ensure equal access to and an equal opportunity to participate in the full-time virtual school program for all students, including students with disabilities, regardless of whether such students are financially able to provide their own computer and Internet access.

c.

The full-time virtual school program shall be subject to the requirements of the Standards of Quality, including the Standards of Learning and the Standards of Accreditation.

Each student who participates in such program shall take all applicable Standards of Learning assessments.

The results of such assessments shall be reported to the school in which the student is enrolled and, for purposes of state accountability, included in the Board's calculation of such school's Standards of Learning assessment passage rate.

d.

In accordance with the provisions of § 22.1-215, the school board shall provide free and appropriate education, including special education, for children with disabilities who participate in the full-time virtual school program.

e.

Each student who participates in the full-time virtual school program is entitled to receive student services and participate in school programs and activities in the school in which the student is enrolled on the same basis as any other enrolled student.

f.

The school board shall annually provide to the Department of Education the data on student enrollment and educational outcomes that is necessary for the annual report required pursuant to subdivision 6 of § 22.1-23.

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A12. plan to notify students and their parents of the availability of dual enrollment and advanced placement classes, the International Baccalaureate Program, and Academic Year Governor's School Programs, and full-time virtual school programs, the qualifications for enrolling in such classes and programs, and the availability of financial assistance to low-income and needy students to take the advanced placement and International Baccalaureate examinations.

A plan to notify students and their parents of the availability of dual enrollment and advanced placement classes, the International Baccalaureate Program, and Academic Year Governor's School Programs, the qualifications for enrolling in such classes and programs, and the availability of financial assistance to low-income and needy students to take the advanced placement and International Baccalaureate examinations.

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2.

That the provisions of this act shall become effective on July 1, 2018.