§ 22.1-101.1. Increase of funds for certain nonresident students; howincrease computed and paid; billing of out-of-state placing agencies orpersons.
A. To the extent such funds are appropriated by the General Assembly, aschool division shall be reimbursed for the cost of educating a child who isnot a child with disabilities and who is not a resident of such schooldivision under the following conditions:
1. When such child has been placed in foster care or other custodial carewithin the geographical boundaries of the school division by a Virginiaagency, whether state or local, which is authorized under the laws of thisCommonwealth to place children;
2. When such child has been placed within the geographical boundaries of theschool division in an orphanage or children's home which exercises legalguardianship rights; or
3. When such child, who is a resident of Virginia, has been placed, notsolely for school purposes, in a child-caring institution or group homelicensed under the provisions of Chapter 17 (§ 63.2-1700 et seq.) of Title63.2 which is located within the geographical boundaries of the schooldivision.
B. To the extent such funds are appropriated by the General Assembly, aschool division shall be reimbursed for the cost of educating a child withdisabilities who is not a resident of such school division under thefollowing conditions:
1. When the child with disabilities has been placed in foster care or othercustodial care within the geographical boundaries of the school division by aVirginia agency, whether state or local, which is authorized under the lawsof this Commonwealth to place children;
2. When such child with disabilities has been placed within the geographicalboundaries of the school division in an orphanage or children's home whichexercises legal guardianship rights; or
3. When such child with disabilities, who is a resident of Virginia, has beenplaced, not solely for school purposes, in a child-caring institution orgroup home licensed under the provisions of Chapter 17 (§ 63.2-1700 et seq.)of Title 63.2 which is located within the geographical boundaries of theschool division.
C. Each school division shall keep an accurate record of the number of dayswhich any child, identified in subsection A or B above, was enrolled in itspublic schools, the required local expenditure per child, the handicappingcondition, if applicable, the placing agency or person and the jurisdictionfrom which the child was sent. Each school division shall certify thisinformation to the Board of Education by July 1 following the end of theschool year in order to receive proper reimbursement. No school divisionshall charge tuition to any such child.
D. When a child who is not a resident of Virginia, whether disabled or not,has been placed by an out-of-state agency or a person who is the resident ofanother state in foster care or other custodial care or in a child-caringinstitution or group home licensed under the provisions of Chapter 17 (§63.2-1700 et seq.) of Title 63.2 located within the geographical boundariesof the school division, the school division shall not be reimbursed for thecost of educating such child from funds appropriated by the General Assembly.The school division in which such child has been enrolled shall bill thesending agency or person for the cost of the education of such child asprovided in subsection C of § 22.1-5.
The costs of the support and maintenance of the child shall include the costof the education provided by the school division; therefore, the sendingagency or person shall have the financial responsibility for the educationalcosts for the child pursuant to Article V of the Interstate Compact on thePlacement of Children as set forth in Chapters 10 (§ 63.2-1000 et seq.) and11 (§ 63.2-1100 et seq.) of Title 63.2. Upon receiving the bill for theeducational costs from the school division, the sending agency or personshall reimburse the billing school division for providing the education ofthe child. Pursuant to Article III of the Interstate Compact on the Placementof Children, no sending agency or person shall send, bring, or cause to besent or brought into this Commonwealth any child for placement unless thesending agency or person has complied with this section by honoring thefinancial responsibility for the educational cost as billed by a local schooldivision.
§ 22.1-101.1. Increase of funds for certain nonresident students; howincrease computed and paid; billing of out-of-state placing agencies orpersons.
A. To the extent such funds are appropriated by the General Assembly, aschool division shall be reimbursed for the cost of educating a child who isnot a child with disabilities and who is not a resident of such schooldivision under the following conditions:
1. When such child has been placed in foster care or other custodial carewithin the geographical boundaries of the school division by a Virginiaagency, whether state or local, which is authorized under the laws of thisCommonwealth to place children;
2. When such child has been placed within the geographical boundaries of theschool division in an orphanage or children's home which exercises legalguardianship rights; or
3. When such child, who is a resident of Virginia, has been placed, notsolely for school purposes, in a child-caring institution or group homelicensed under the provisions of Chapter 17 (§ 63.2-1700 et seq.) of Title63.2 which is located within the geographical boundaries of the schooldivision.
B. To the extent such funds are appropriated by the General Assembly, aschool division shall be reimbursed for the cost of educating a child withdisabilities who is not a resident of such school division under thefollowing conditions:
1. When the child with disabilities has been placed in foster care or othercustodial care within the geographical boundaries of the school division by aVirginia agency, whether state or local, which is authorized under the lawsof this Commonwealth to place children;
2. When such child with disabilities has been placed within the geographicalboundaries of the school division in an orphanage or children's home whichexercises legal guardianship rights; or
3. When such child with disabilities, who is a resident of Virginia, has beenplaced, not solely for school purposes, in a child-caring institution orgroup home licensed under the provisions of Chapter 17 (§ 63.2-1700 et seq.)of Title 63.2 which is located within the geographical boundaries of theschool division.
C. Each school division shall keep an accurate record of the number of dayswhich any child, identified in subsection A or B above, was enrolled in itspublic schools, the required local expenditure per child, the handicappingcondition, if applicable, the placing agency or person and the jurisdictionfrom which the child was sent. Each school division shall certify thisinformation to the Board of Education by July 1 following the end of theschool year in order to receive proper reimbursement. No school divisionshall charge tuition to any such child.
D. When a child who is not a resident of Virginia, whether disabled or not,has been placed by an out-of-state agency or a person who is the resident ofanother state in foster care or other custodial care or in a child-caringinstitution or group home licensed under the provisions of Chapter 17 (§63.2-1700 et seq.) of Title 63.2 located within the geographical boundariesof the school division, the school division shall not be reimbursed for thecost of educating such child from funds appropriated by the General Assembly.The school division in which such child has been enrolled shall bill thesending agency or person for the cost of the education of such child asprovided in subsection C of § 22.1-5.
The costs of the support and maintenance of the child shall include the costof the education provided by the school division; therefore, the sendingagency or person shall have the financial responsibility for the educationalcosts for the child pursuant to Article V of the Interstate Compact on thePlacement of Children as set forth in Chapters 10 (§ 63.2-1000 et seq.) and11 (§ 63.2-1100 et seq.) of Title 63.2. Upon receiving the bill for theeducational costs from the school division, the sending agency or personshall reimburse the billing school division for providing the education ofthe child. Pursuant to Article III of the Interstate Compact on the Placementof Children, no sending agency or person shall send, bring, or cause to besent or brought into this Commonwealth any child for placement unless thesending agency or person has complied with this section by honoring thefinancial responsibility for the educational cost as billed by a local schooldivision.
§ 22.1-101.1. Increase of funds for certain nonresident students; howincrease computed and paid; billing of out-of-state placing agencies orpersons.
A. To the extent such funds are appropriated by the General Assembly, aschool division shall be reimbursed for the cost of educating a child who isnot a child with disabilities and who is not a resident of such schooldivision under the following conditions:
1. When such child has been placed in foster care or other custodial carewithin the geographical boundaries of the school division by a Virginiaagency, whether state or local, which is authorized under the laws of thisCommonwealth to place children;
2. When such child has been placed within the geographical boundaries of theschool division in an orphanage or children's home which exercises legalguardianship rights; or
3. When such child, who is a resident of Virginia, has been placed, notsolely for school purposes, in a child-caring institution or group homelicensed under the provisions of Chapter 17 (§ 63.2-1700 et seq.) of Title63.2 which is located within the geographical boundaries of the schooldivision.
B. To the extent such funds are appropriated by the General Assembly, aschool division shall be reimbursed for the cost of educating a child withdisabilities who is not a resident of such school division under thefollowing conditions:
1. When the child with disabilities has been placed in foster care or othercustodial care within the geographical boundaries of the school division by aVirginia agency, whether state or local, which is authorized under the lawsof this Commonwealth to place children;
2. When such child with disabilities has been placed within the geographicalboundaries of the school division in an orphanage or children's home whichexercises legal guardianship rights; or
3. When such child with disabilities, who is a resident of Virginia, has beenplaced, not solely for school purposes, in a child-caring institution orgroup home licensed under the provisions of Chapter 17 (§ 63.2-1700 et seq.)of Title 63.2 which is located within the geographical boundaries of theschool division.
C. Each school division shall keep an accurate record of the number of dayswhich any child, identified in subsection A or B above, was enrolled in itspublic schools, the required local expenditure per child, the handicappingcondition, if applicable, the placing agency or person and the jurisdictionfrom which the child was sent. Each school division shall certify thisinformation to the Board of Education by July 1 following the end of theschool year in order to receive proper reimbursement. No school divisionshall charge tuition to any such child.
D. When a child who is not a resident of Virginia, whether disabled or not,has been placed by an out-of-state agency or a person who is the resident ofanother state in foster care or other custodial care or in a child-caringinstitution or group home licensed under the provisions of Chapter 17 (§63.2-1700 et seq.) of Title 63.2 located within the geographical boundariesof the school division, the school division shall not be reimbursed for thecost of educating such child from funds appropriated by the General Assembly.The school division in which such child has been enrolled shall bill thesending agency or person for the cost of the education of such child asprovided in subsection C of § 22.1-5.
The costs of the support and maintenance of the child shall include the costof the education provided by the school division; therefore, the sendingagency or person shall have the financial responsibility for the educationalcosts for the child pursuant to Article V of the Interstate Compact on thePlacement of Children as set forth in Chapters 10 (§ 63.2-1000 et seq.) and11 (§ 63.2-1100 et seq.) of Title 63.2. Upon receiving the bill for theeducational costs from the school division, the sending agency or personshall reimburse the billing school division for providing the education ofthe child. Pursuant to Article III of the Interstate Compact on the Placementof Children, no sending agency or person shall send, bring, or cause to besent or brought into this Commonwealth any child for placement unless thesending agency or person has complied with this section by honoring thefinancial responsibility for the educational cost as billed by a local schooldivision.
