Va. Code Ann. tit. 22.1, ch. 1

Va. Code Ann. tit. 22.1, ch. 1
in effect

Va. Code Ann. § 22.1-1 Definitions

As used in this title, unless the context requires a different meaning: "Board" or "State Board" means the Board of Education. "Department" means the Department of Education. "Division superintendent" means the division superintendent of schools of a school division. "Dual enrollment" means the enrollment of a qualified high school student in a postsecondary course that is creditable toward high school completion and a career certificate or an associate or baccalaureate degree at a public institution of higher education. "Dual enrollment" does not include the enrollment of a qualified high school student in a postsecondary course that is not creditable toward high school completion. "Elementary" includes kindergarten. "Elementary and secondary" and "elementary or secondary" include elementary, middle, and high school grades. "Evidence-based literacy instruction" means structured instructional practices, including sequential, systematic, explicit, and cumulative teaching, that (i) are based on reliable, trustworthy, and valid evidence consistent with science-based reading research; (ii) are used in core or general instruction, supplemental instruction, intervention services, and intensive intervention services; (iii) have a demonstrated record of success in adequately increasing students' reading competency, vocabulary, oral language, and comprehension and in building mastery of the foundational reading skills of phonological and phonemic awareness, alphabetic principle, phonics, spelling, and text reading fluency; and (iv) are able to be differentiated in order to meet the individual needs of students. "Evidence-based literacy instruction" does not include practices that instruct students to gain meaning from print through the use of (a) three-cueing, which includes semantic, syntactic, and graphophonic cues; (b) meaning, structure, and visual cues; or (c) visual memory for word recognition. "Governing body" or "local governing body" means the board of supervisors of a county, council of a city, or council of a town, responsible for appropriating funds for such locality, as the context may require. "Middle school" means separate schools for early adolescents and the middle school grades that might be housed at elementary or high schools. "Parent" or "parents" means any parent, guardian, legal custodian, or other person having control or charge of a child. "Person of school age" means a person who will have reached his fifth birthday on or before September 30 of the school year and who has not reached twenty years of age on or before August 1 of the school year. "School board" means the school board that governs a school division. "Science-based reading research" means research that (i) applies rigorous, systematic, and objective observational or experimental procedures to obtain valid knowledge relevant to reading development, reading instruction, and reading and writing difficulties and (ii) explains how proficient reading and writing develop, why some children have difficulties developing key literacy skills, and how schools can best assess and instruct early literacy, including the use of evidence-based literacy instruction practices to promote reading and writing achievement. "Superintendent" means the Superintendent of Public Instruction. "Textbooks and other high-quality instructional materials" means systematic print or digital curricula that serve as the primary curriculum basis for a grade-level subject or course and that provide (i) adequate content and materials for student mastery of corresponding Standards of Learning; (ii) instructional practices that are aligned with general and discipline-specific research evidence; (iii) assessments to monitor student mastery of curriculum content; (iv) guidance for meeting student needs including enrichment for above-grade-level students and intensification for students who are at-risk of not mastering curriculum content, including English language learners and students with disabilities; and (v) resources for teachers that develop content knowledge, support implementation of instructional practices that are based on reliable, trustworthy, and valid evidence and have a demonstrated record of success, and build understanding of the rationale for curricula components. 1980, c. 559; 1985, c. 407; 1991, c. 178; 1995, c. 852 ; 2000, c. 629 ; 2001, c. 828 ; 2020, cc. 860 , 861 ; 2022, cc. 549 , 550 ; 2024, cc. 12 , 44 , 647 , 684 ; 2025, cc. 680 , 683 .

Va. Code Ann. § 22.1-2 System of free public elementary and secondary schools to be maintained; administration

There shall be a system of free public elementary and secondary schools established and maintained as provided in this title and administered by the Board of Education, the Superintendent of Public Instruction, division superintendents and school boards. Code 1950, §§ 22-1.1, 22-2; 1971, Ex. Sess., c. 100; 1976, cc. 681, 713; 1978, c. 518; 1980, c. 559.

Va. Code Ann. § 22.1-2.1 Provision of in-person instruction

A. As used in this section, "in-person instruction" means instructional interaction between teachers and students that occurs in person and in real time. "In-person instruction" does not include the act of proctoring remote online learning in a classroom. B. Except as otherwise permitted in subdivision C 4 of § 22.1-98 or Article 3 (§ 22.1-276.01 et seq.) of Chapter 14, each school board shall offer in-person instruction to each student enrolled in the local school division in a public elementary and secondary school for at least the minimum number of required annual instructional hours and to each student enrolled in the local school division in a public school-based early childhood care and education program for the entirety of the instructional time provided pursuant to such program. C. Notwithstanding any other provision of law or any regulation, rule, or policy implemented by a school board, school division, school official, or other state or local authority, the parent of any child enrolled in a public elementary or secondary school, or in any school-based early childhood care and education program, may elect for such child to not wear a mask while on school property. A parent making such an election shall not be required to provide a reason or any certification of the child's health or education status. No student shall suffer any adverse disciplinary or academic consequences as a result of this parental election. Nothing in this section shall be construed to affect the Governor's authority under Chapter 3.2 (§ 44-146.13 et seq.) of Title 44 to accomplish the purposes of such chapter with regard to a communicable disease of public health threat as defined in § 44-146.16 . 2022, cc. 2 , 780 .

Va. Code Ann. § 22.1-2.2 Right to a free public education; discrimination based on citizenship or immigration status prohibited; requirements; civil cause of action

A. As used in this section: "Directory information" means the same as that term is defined by the federal Family Educational Rights and Privacy Act (20 U.S.C. § 1232g). "Immigration or citizenship status" means the status applied to any individual based on such individual's citizenship in the United States or any other country or such individual's authority or lack thereof to be lawfully present or reside in the United States. "Law-enforcement agent" includes any (i) law-enforcement officer, as defined in § 9.1-101 ; (ii) federal immigration officer; and (iii) law-enforcement officer of any agency of the Commonwealth or its political subdivisions or the federal government whose duties include immigration-related enforcement. "Law-enforcement agent" does not include any school resource officer employed by a school board acting in the scope of his normal duties. "School resource officer" means the same as that term is defined in § 9.1-101 . B. In accordance with Article VIII, § 1 of the Constitution of Virginia and consistent with the requirements of the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution, no child in the Commonwealth shall be denied a free public education through secondary school on the basis of the actual or perceived immigration or citizenship status of such child or the child's parents. C. Pursuant to subsection B, no school board, public elementary or secondary school, school resource officer employed by a local law-enforcement agency in any public elementary or secondary school, or individual who is an employee, contractor, or agent of a school board shall: 1. Exclude from or prohibit enrollment in the school division of any child of school age who resides within the school division pursuant to § 22.1-3 on the basis of the actual or perceived immigration or citizenship status of such child or the child's parents; 2. Exclude a child from participation in or deny a child the benefits of any program or activity on the basis of the actual or perceived immigration or citizenship status of such child or the child's parents; 3. Implement or use any policies or procedures or otherwise engage in processes that would have the effect of (i) excluding a child from participation in or denying such child the benefits of any program or activity available to other students or (ii) excluding the participation of a child's parent form any parental engagement activities or programs available to other parents of students, on the basis of the actual or perceived immigration or citizenship status of such child or the child's parents, including any policy, procedure, or practice: a. Requesting or collecting information or documentation from a student or the student's parent about immigration or citizenship status, except to the extent required by state or federal law; or b. Designating immigration or citizenship status, country of origin or birth, nationality, or national origin as directory information; or 4. Perform any of the following actions: a. Threaten to disclose any matter relating to the actual or perceived immigration or citizenship status of a child, the parent of a child, or another person associated with the child to any other person or entity, including any law-enforcement agent or immigration or law-enforcement agency; b. If the school board or school does not have direct knowledge of the actual immigration or citizenship status of a child, the parent of a child, or another person associated with the child, disclose any matter or information relating to the perceived immigration or citizenship status of a child, the parent of a child, or another person associated with the child to any other person or agency, including any law-enforcement agent or immigration or law-enforcement agency, except as provided in subsection D; or c. If the school board or school does have direct knowledge of the actual immigration or citizenship status of a child, the parent of a child, or another person associated with the child, disclose any matter or information relating to the actual immigration or citizenship status of a child, the parent of a child, or another person associated with the child to any other person or agency, including any law-enforcement agent or immigration or law-enforcement agency, except as provided in subsection D. D. Nothing in subdivision C 4 shall be construed to (i) permit the disclosure of student records or information without complying with the requirements of applicable state and federal law relating to the disclosure of such records or information or (ii) prohibit or restrict a school board, school, or other entity from sending to or receiving from the U.S. Department of Homeland Security or any other federal, state, or local governmental agency information relating to the immigration or citizenship status of an individual under 8 U.S.C. §§ 1373 and 1644. E. Any aggrieved party may bring a civil action for injunctive relief, damages, and other relief available under law that alleges a violation of the provisions of subsection B or C. Prior to initiating any civil action under this subsection, the aggrieved party shall provide to the division superintendent and the clerk of the school board written notice that shall set forth with reasonable specificity the nature of and grounds for the alleged violation of the provisions of subsection B or C and identify the relief or remedial action sought. Upon receipt of such notice, the school division shall have 15 days to investigate, address, and, if warranted, cure the alleged violation, including by providing the appropriate relief or taking the appropriate remedial or corrective action. No civil action shall be filed until the expiration of such 15-day period, provided, however, that any aggrieved party may seek temporary or preliminary relief without providing such prior notice if the aggrieved party clearly demonstrates that as a result of the alleged violation of the provisions of subsection B or C (i) a student is currently and unlawfully being excluded from enrollment, attendance, or participation in school or any educational programs or services thereof or (ii) immediate and irreparable harm will result before the conclusion of such 15-day period absent prompt judicial intervention. The court, upon finding such violation occurred, may grant such relief as it deems appropriate, including actual damages for willful violations, injunctive relief, and temporary restraining orders. The court shall award reasonable attorney fees to a plaintiff who is a prevailing party in any action brought under this subsection. In awarding reasonable attorney fees, the court shall consider the degree to which the relief obtained relates to the relief sought. Any civil action brought under this subsection shall be brought no later than two years after the violation occurred. The court may dismiss any action brought under this subsection upon the court's determination that such action is duplicative, abusive, or presented for an improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation. 2026, cc. 680 , 681 .

Va. Code Ann. § 22.1-3 Persons to whom public schools shall be free

A. The public schools in each school division shall be free to each person of school age who resides within the school division. Every person of school age shall be deemed to reside in a school division: 1. When the person is living with a natural parent or a parent by legal adoption; 2. When, in accordance with the provisions of § 22.1-360, the person is living with a noncustodial parent or other person standing in loco parentis, not solely for school purposes, pursuant to a Special Power of Attorney executed under 10 U.S.C. § 1044b by the custodial parent; 3. When the parents of such person are dead and the person is living with a person in loco parentis who actually resides within the school division; 4. When the parents of such person are unable to care for the person and the person is living, not solely for school purposes, with another person who resides in the school division and is (i) the court-appointed guardian, or has legal custody, of the person; (ii) acting in loco parentis pursuant to placement of the person for adoption by a person or entity authorized to do so under § 63.2-1200 ; or (iii) an adult relative providing temporary kinship care as that term is defined in § 63.2-100 . Local school divisions may require one or both parents and the relative providing kinship care to submit signed, notarized affidavits (a) explaining why the parents are unable to care for the person, (b) detailing the kinship care arrangement, and (c) agreeing that the kinship care provider or the parent will notify the school within 30 days of when the kinship care arrangement ends, as well as a power of attorney authorizing the adult relative to make educational decisions regarding the person. A school division may also require the parent or adult relative to obtain written verification from the local department of social services where the parent or parents live, or from both that department and the department of social services where the kinship provider lives, that the kinship arrangement serves a legitimate purpose that is in the best interest of the person other than school enrollment. With written consent from the parent or adult relative, for the purposes of expediting enrollment, a school division may obtain such written verification directly from the local department or departments of social services. The verification process shall be consistent with confidentiality provisions of Article 5 (§ 22.1-287 et seq.) of Chapter 14 of this title and Chapter 1 (§ 63.2-100 et seq.) of Title 63.2. If the kinship care arrangement lasts more than one year or the person transitions to a new kinship care arrangement, a school division may require continued verification directly from one or both departments of social services as to why the parents are unable to care for the person and that the kinship care arrangement serves a legitimate purpose other than school enrollment. In the event that a person in a kinship care arrangement moves into a different school division during the school year as a result of (1) safely returning home, (2) being emancipated pursuant to § 16.1-333 , or (3) transitioning to a new kinship care arrangement, the provisions of this subdivision shall continue to apply through the end of such school year. A local school division may enroll a person living with a relative in a kinship care arrangement that has not been verified by a local department of social services; 5. When the person is living in the school division not solely for school purposes, as an emancipated minor; 6. When all or any portion of the building in which such person resides (i) with another person as set forth in subdivisions 1 through 4 or (ii) as an emancipated minor as set forth in subdivision 5 is taxable by the locality in which the school division is located; or 7. When the person living in the school division is a homeless child or youth, as set forth in this subdivision, who lacks a fixed, regular, and adequate nighttime residence. Such persons shall include (i) children and youths, including unaccompanied youths who are not in the physical custody of their parents, who (a) are sharing the housing of other persons due to loss of housing, economic hardship, or a similar reason; are living in motels, hotels, trailer parks, or camping grounds due to lack of alternative adequate accommodations or in emergency or transitional shelters; or are abandoned in hospitals; (b) have a primary nighttime residence that is a public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings; or (c) are living in parked cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar settings; and (ii) migratory children, as defined in the federal Elementary and Secondary Education Act of 1965, P.L. 89-10, as amended, who are deemed homeless as they are living in circumstances set forth in clause (i). School divisions shall comply with the requirements of Subtitle VII-B of the federal McKinney-Vento Homeless Assistance Act, as amended (42 U.S.C. § 11431 et seq.), to ensure that homeless children and youths shall receive the educational services comparable to those offered to other public school students. School divisions serving the students identified in this subdivision shall coordinate the identification and provision of services to such students with relevant local social services agencies and other agencies and programs providing services to such students, and with other school divisions as may be necessary to resolve interdivisional issues. The Department shall develop and make available to each school board a resource document containing guidance and best practices for providing the necessary supports and services to such students, including guidance and best practices relating to (i) decisions regarding whether and when such a student should remain enrolled in a school in a previous school division of residence, (ii) wrap-around supports and services for such students that include the parents when they are available and specific wrap-around supports and services for such students who may have experienced additional trauma prior to becoming homeless, and (iii) any other means by which such students can be best served and protected, particularly those homeless children and youths who are at risk of becoming victims of human trafficking. B. In the interest of providing educational continuity to the children of military personnel, no child of a person on active military duty: 1. Who is attending a school free of charge in accordance with this section shall be charged tuition by that school division upon such child's relocation to military housing located in another school division in the Commonwealth, pursuant to orders received by such child's parent to relocate to base housing. Such children shall be allowed to continue attending school in the school division they attended immediately prior to the relocation and shall not be charged tuition for attending such school; 2. Who is attending a school free of charge in accordance with this section shall be charged tuition by that school division upon such child's relocation pursuant to orders received by such child's parent to relocate to a new duty station or to be deployed. Such children shall be allowed to remain enrolled in the current school division free of tuition through the end of the school year; and 3. Who is eligible to attend school free of charge in accordance with this section shall be charged tuition by a school division that will be the child's school division of residence once his service member parent is relocated pursuant to orders received. Such a child shall be allowed to enroll in the school division of the child's intended residence if documentation is provided, at the time of enrollment, of military orders of the service member parent or an official letter from the service member's command indicating such relocation. Documentation indicating a permanent address within the school division shall be provided to the school division within 120 days of a child's enrollment or tuition may be charged, including tuition for the days since the child's enrollment in school. In the event that the child's service member parent is ordered to relocate before the 120th day following the child's enrollment, the school division shall not charge tuition. Students eligible to enroll in a school division pursuant to this subdivision may register, remotely or in-person, for courses and other academic programs and participate in the lottery process for charter schools and college partnership laboratory schools in the school division in which such student will reside at the same time and in the same manner as students who reside in the local school division. The assignment of the school such child will attend shall be determined by the local school division. Such children as listed in subdivisions 1, 2, and 3 shall be counted in the average daily membership of the school division in which they are enrolled. Further, the school division in which such children are enrolled subsequent to their relocation to base housing shall not be responsible for providing for their transportation to and from school. Code 1950, § 22-218; 1954, c. 638; 1958, c. 628; 1968, c. 178; 1972, c. 245; 1976, cc. 681, 713; 1978, c. 518; 1980, cc. 559, 576; 1981, cc. 341, 342; 1993, c. 903; 1997, c. 826 ; 1999, cc. 368 , 988 ; 2000, cc. 209 , 830 ; 2004, cc. 500 , 967 ; 2006, c. 188 ; 2012, cc. 29 , 103 , 476 , 507 ; 2013, c. 779 ; 2016, c. 388 ; 2018, cc. 394 , 594 ; 2019, cc. 62 , 404 , 586 ; 2024, cc. 303 , 370 .

Va. Code Ann. § 22.1-3.1 Birth certificates required upon admission; required notice to the local law-enforcement agency

A. Except as otherwise provided in this subsection, no pupil shall be admitted for the first time to any public school in any school division in this Commonwealth unless the person enrolling the pupil shall present, upon admission, a certified copy of the pupil's birth record. The principal or his designee shall record the official state birth number from the pupil's birth record into the pupil's permanent school record and may retain a copy in the pupil's permanent school record. If a certified copy of the pupil's birth record cannot be obtained, the person so enrolling the pupil shall submit an affidavit setting forth the pupil's age and explaining the inability to present a certified copy of the birth record. If the school division cannot ascertain a child's age because of the lack of a birth certificate, the child shall nonetheless be admitted into the public schools if the division superintendent determines that the person submitting the affidavit presents information sufficient to estimate with reasonable certainty the age of such child. However, if the student seeking enrollment is a homeless child or youth as defined in § 22.1-3 , the school shall immediately enroll such student, even if such student is unable to produce the records required for enrollment, and shall immediately contact the school last attended by the student to obtain relevant academic and other records, and shall comply with the provisions of Subtitle VII-B of the federal McKinney-Vento Homeless Assistance Act, as amended (42 U.S.C. § 11431 et seq.), including immediately referring the parent of the student or the youth to the local school division liaison, as described in the federal Act, who shall assist in obtaining the necessary records for enrollment. B. Upon the failure of any person enrolling a pupil to present a certified copy of the pupil's birth record, the principal of the school in which the pupil is being enrolled or his designee shall immediately notify the local law-enforcement agency. The notice to the local law-enforcement agency shall include copies of the submitted proof of the pupil's identity and age and the affidavit explaining the inability to produce a certified copy of the birth record. C. Within 14 days after enrolling a transferred pupil, the principal of the school in which the pupil has been enrolled or his designee shall request that the principal or his designee of the school in which the pupil was previously enrolled submit documentation that a certified copy of the pupil's birth record was presented upon the pupil's initial enrollment. D. Principals and their designees shall be immune from any civil or criminal liability in connection with any notice to a local law-enforcement agency of a pupil lacking a birth certificate or failure to give such notice as required by this section. 1990, c. 295; 1991, c. 523; 2004, c. 500 ; 2007, c. 49 ; 2018, c. 394 .

Va. Code Ann. § 22.1-3.2 Notice of student's school status required as condition of admission; penalty

A. Prior to admission to any public school of the Commonwealth, a school board shall require the parent, guardian, or other person having control or charge of a child of school age to provide, upon registration: 1. A sworn statement or affirmation indicating whether the student has been expelled from school attendance at a private school or in a public school division of the Commonwealth or in another state for an offense in violation of school board policies relating to weapons, alcohol or drugs, or for the willful infliction of injury to another person. This document shall be maintained as a part of the student's scholastic record. 2. A sworn statement or affirmation indicating whether the student has been found guilty of or adjudicated delinquent for any offense listed in subsection G of § 16.1-260 or any substantially similar offense under the laws of any state, the District of Columbia, or the United States or its territories. This document shall be maintained as provided in § 22.1-288.2 . B. When the child is registered as a result of a foster care placement as defined in § 63.2-100 , the information required under this section shall be furnished by the local social services agency or licensed child-placing agency that made the foster care placement. C. Any person making a materially false statement or affirmation shall be guilty upon conviction of a Class 3 misdemeanor. 1993, c. 889; 2006, cc. 53 , 183 .

Va. Code Ann. § 22.1-3.3 Transfer of students under certain circumstances

Whenever any student has been the victim of any crime against the person pursuant to Chapter 4 (§ 18.2-30 et seq.) of Title 18.2, and such crime was committed by another student attending classes in the school, or by any employee of the school board, or by any volunteer, contract worker or other person who regularly performs services in the school, or if the crime was committed upon school property or on any school bus owned or operated by the school division, the student upon whom the crime was committed shall, upon written request from the student's parent, or the student, if such student is an emancipated minor, be permitted by the relevant school board to transfer to another comparable school within the school division, if available. Any transportation services for such students shall be provided in accordance with school board policies. For the purposes of this section, "victim" means any student who has been the victim of a crime against the person pursuant to Chapter 4 (§ 18.2-30 et seq.) of Title 18.2, and who has suffered physical, psychological, or economic harm as a direct result of the commission of such crime. 1997, cc. 362 , 408 .

Va. Code Ann. § 22.1-3.4 Enrollment of certain children placed in foster care

A. Whenever a student has been placed in foster care by a local social services agency and the placing social services agency is unable to produce any of the documents required for enrollment pursuant to § 22.1-3.1 , 22.1-270 , or 22.1-271.2 , the student shall immediately be enrolled; however, the person enrolling the student shall provide a written statement that, to the best of his knowledge, sets forth (i) the student's age, (ii) compliance with the requirements of § 22.1-3.2 , and (iii) that the student is in good health and is free from communicable or contagious disease. B. The sending and receiving school divisions shall cooperate in facilitating the enrollment of any child placed in foster care across jurisdictional lines for the purpose of enhancing continuity of instruction. The child shall be allowed to continue to attend the school in which he was enrolled prior to the most recent foster care placement, upon the joint determination of the placing social services agency and the local school division that such attendance is in the best interest of the child. C. In the event the student continues to attend the school in which he was enrolled prior to the most recent foster care placement, the receiving school division shall be accorded foster children education payments pursuant to § 22.1-101.1 ; further, the receiving school division may enter into financial arrangements with the sending school division pursuant to subsection C of § 22.1-5 . Under no circumstances shall a child placed in foster care be charged tuition regardless of whether such child is attending the school in which he was enrolled prior to the most recent foster care placement or attending a school in the receiving school division. D. For the purposes of subsections A, B, and C: "A child or student placed in foster care" means a pupil who is the subject of a foster care placement through an entrustment or commitment of such child to the local social services board or licensed child-placing agency pursuant to clause (ii) of the definition of "foster care placement" as set forth in § 63.2-100 . For the purposes of this section: "Receiving school division" means the school division in which the residence of the student's foster care placement is located. "Sending school division" means the school division in which the student last attended school. E. Notwithstanding the provisions of subsections A, B, and C or § 22.1-3 or 22.1-5 , no person of school age who is the subject of a foster care placement, as such term is defined in § 63.2-100 , shall be charged tuition. F. The provisions of this section shall apply to any student who was in foster care upon reaching 18 years of age but who has not yet reached 22 years of age. G. The provisions of this section, with the exception of the provision of subsection C that requires a receiving school division to be accorded foster children education payments pursuant to § 22.1-101.1 , shall apply to a student who has transitioned out of foster care and (i) whose custody has been transferred to the student's parent or prior legal guardian or (ii) who has been emancipated pursuant to § 16.1-333 . 2005, c. 343 ; 2011, c. 154 ; 2020, cc. 474 , 475 ; 2024, c. 303 .

Va. Code Ann. § 22.1-3.5 Enrollment of certain military children with disabilities; provision of special education services and accommodations

Whenever a child of a service member parent who enrolls in a school division pursuant to subdivision B 3 of § 22.1-3 is also a child with disabilities, the school board that governs the school division shall, upon receiving the documentation from the service member parent or an official letter from the service member parent's command indicating such service member parent's relocation to such school division, coordinate with the service member parent and such child's previous school division to facilitate the prompt provision of comparable special education services and accommodations based on such child's current Individualized Education Program or § 504 Plan. 2025, c. 388 .

Va. Code Ann. § 22.1-4.1 Street addresses required in certain school admission documents

Documents submitted for admission of any child to public schools in the Commonwealth, except such documents required in accordance with §§ 22.1-3.1 and 22.1-270 , shall include the street address or route number of each pupil's residence. If no street address or route number exists for such residence, a post office box number shall be required. If the pupil or parent participates in the Address Confidentiality Program pursuant to § 2.2-515.2 , the street address or route number shall be provided to establish residency but shall not otherwise be made part of the student's educational records. If the pupil is a homeless child or youth as defined in subdivision A 7 of § 22.1-3 , and for that reason the school division determines, on the basis of the affidavit of the person seeking to enroll the pupil, that a street address, route number, or post office box number cannot be provided, it may accept an address in an alternate form it deems appropriate. Address information provided under this section shall not be released to any person unless otherwise authorized by law. 1997, c. 900 ; 2000, c. 209 ; 2004, c. 500 ; 2019, c. 586 ; 2025, c. 229 .

Va. Code Ann. § 22.1-4.2 Designation of race or ethnicity

A. School board employees administering tests or other assessment instruments shall not require any public school students being tested to disclose their race or ethnicity on such tests. Nothing in this subsection shall, however, prevent relevant school division personnel from obtaining such information from the students' permanent record and placing such information on such test or assessment instrument. B. No student or his parent shall be required to disclose information related to the student's race or ethnicity unless (i) the student or his parent is given an option to designate "other" for the student's race or ethnicity or (ii) such disclosure is required by federal law. 2000, c. 273 ; 2018, c. 587 .

Va. Code Ann. § 22.1-4.3 Participation by and notification of noncustodial parent

Unless a court order has been issued to the contrary, the noncustodial parent of a student enrolled in a public school or day care center (i) shall not be denied the opportunity to participate in any of the student's school or day care activities in which such participation is supported or encouraged by the policies of the school or day care center solely on the basis of such noncustodial status and (ii) shall be included, upon the request of such noncustodial parent, as an emergency contact for the student's school or day care activities. For the purposes of this section, "school or day care activities" shall include, but shall not be limited to, lunch breaks, special in-school programs, parent-teacher conferences and meetings, and extracurricular activities. It is the responsibility of the custodial parent to provide the court order to the school or day care center. 1997, c. 762 , § 22.1-279.5 ; 2001, cc. 688 , 820 ; 2005, c. 34 .

Va. Code Ann. § 22.1-4.4 (Effective July 1, 2027) School board policies; communication and language accessibility for limited English proficient parents

A. As used in this section: "Language assistance services" means oral interpretation and written translation services that are provided in an accurate, timely, and effective manner to an LEP parent, at no cost to the LEP parent. "Limited English proficient parent" or "LEP parent" means an individual (i) who is the parent of a student enrolled or preparing to enroll in a public elementary or secondary school; (ii) who either (a) was not born in the United States or whose native language is a language other than English; (b) is a Native American or Alaska Native or a native resident of one of the outlying areas of the United States and who comes from an environment where a language other than English has had a significant impact on the individual's level of English language proficiency; or (c) is migratory, whose native language is a language other than English, and who comes from an environment where a language other than English is dominant; and (iii) whose difficulties in speaking, reading, writing, or understanding the English language may be sufficient to deny the individual the opportunity to participate fully in society, including to deny the individual the opportunity to participate fully in decisions relating to his child's education or to effectively communicate with the school about his child's education. "Native language," with respect to an LEP parent, means the language normally used by such individual. "Vital documents" means documents that (i) create or define legally enforceable rights or obligations, (ii) solicit information necessary to establish or maintain eligibility for educational programs or services, or (iii) are necessary for a parent to make informed decisions relating to his child's education. "Vital documents" includes enrollment forms, disciplinary notices, student codes of conduct, individualized education program documents, and information relating to rights of appeal. B. Each school board shall develop, implement, and post in a publicly accessible location on its website a language access plan consisting of policies and procedures designed to ensure meaningful communication with and informational accessibility for LEP parents, in a language understandable to such LEP parents. Such language access plan shall include policies and procedures for: 1. Ensuring LEP parents are notified as adequately as non-LEP parents of any essential information about any program, service, or activity provided or sponsored by the Board, the school board, or a public school within the applicable school division, including information relating to (i) language assistance programs; (ii) special education and related services; (iii) IEP meetings; (iv) grievance procedures; (v) notices of nondiscrimination; (vi) student discipline policies and procedures; (vii) registration and enrollment; (viii) report cards; (ix) requests for parental permission for student participation in division or school activities; (x) parent teacher conferences; (xi) parent handbooks; and (xii) any available courses of instruction or academic program options, including gifted and talented programs and magnet and charter schools; 2. Identifying each LEP parent at the enrollment of such parent's child, or as soon as possible thereafter, and determining and maintaining records of the language needs and preferred language for communication of each identified LEP parent; 3. Providing to each LEP parent language assistance services to ensure meaningful access to all school and school division-level communications, including relevant meetings, notices, and electronic communications, which shall (i) include providing, in situations where written translation into a language understandable or preferred by an LEP parent is not feasible or immediate communication is necessary, oral interpretation services for an LEP parent in a language understandable to or preferred by such LEP parent; (ii) be provided by the school board and at no cost to the LEP parent; and (iii) be provided in an accurate, timely, and efficient manner to ensure no LEP parent is required to rely on the student or any of the parent's other children, family members, or untrained school board employees to interpret or translate for education-related purposes. In providing language assistance services pursuant to this subdivision, each school board may use, when necessary to ensure meaningful access to all school and school division-level communications, research-based language access technology, including digital platforms and remote interpretation tools, provided that any such research-based language access technology is accurate, utilized in a timely and effective manner, if deemed appropriate by the school board, and supplemented by qualified human interpretation; 4. Translating all vital documents into the languages most commonly spoken by the LEP parents in the school division, as determined annually based on each LEP parent identified and the language needs and preferences of each LEP parent identified pursuant to subdivision 2; 5. Providing training to all school board employees whose duties, as determined by the school board, are relevant to or involve communication with LEP parents on the requirements of this section with respect to LEP parents and the processes and procedures for obtaining interpretation or translation services in accordance with this section; and 6. Posting in a prominent and publicly accessible location on such school board's website information relating to language and communication accessibility for LEP parents, including information on the rights of LEP parents, the corresponding obligations of the school board to LEP parents under this section, and any language assistance services available to LEP parents under this section and clear, easily understandable instructions for accessing such language assistance services. C. In implementing the language access plan pursuant to subsection B, each school board may fulfill the requirements and provide the services required pursuant to subsection B through contracts, cooperative procurement agreements, or statewide or regional service arrangements, including telephonic or video remote interpretation and centralized translation services. Each school board shall provide language assistance services required pursuant to subsection B in a manner consistent with the Standards of Quality but shall be afforded discretion in selecting cost-effective service delivery models that meet the specific needs of the limited English proficient population in its school division. 2026, cc. 764 , 765 .

Va. Code Ann. § 22.1-5 Regulations concerning admission of certain persons to schools; tuition charges

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'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'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'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 § 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 § 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'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. 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 .

Va. Code Ann. § 22.1-5.1 Organizations governing public school interscholastic programs; participation by students in military families

A. No public elementary or secondary school shall become a member of any organization or entity whose purpose is to regulate or govern interscholastic programs that does not deem eligible for participation a student who: 1. Previously attended the school and (i) moved with a parent, as defined in § 22.1-1 , out of the school's attendance area because that parent is a full-time active duty member of the uniformed services of the United States, including service in the National Guard and Reserve on active duty orders pursuant to 10 U.S.C. §§ 1209 and 1211, and received orders to relocate and (ii) moved back to and currently lives in the school's attendance area; or 2. Continues to live in the school's attendance area, but whose parent, as defined in § 22.1-1 , moved out of the school's attendance area because that parent is a full-time active duty member of the uniformed services of the United States, including service in the National Guard and Reserve on active duty orders pursuant to 10 U.S.C. §§ 1209 and 1211, and received orders to relocate. B. Nothing in this section shall affect the school board's discretion to admit a student to a public school in the local school division and charge tuition for his attendance if the student is not deemed to reside in the local school division pursuant to §§ 22.1-3 and 22.1-5 . 2013, c. 553 .

Va. Code Ann. § 22.1-6 Permitted fees and charges

Except as provided in this title or as permitted by regulation of the Board of Education, no fees or charges may be levied on any pupil by any school board. No pupil's scholastic report card or diploma shall be withheld because of nonpayment of any such fee or charge. Code 1950, §§ 22-197, 22-198, 22-199; 1977, c. 204; 1980, c. 559.

Va. Code Ann. § 22.1-6.1 Menstrual supplies; availability; public elementary, middle, and high schools

A. As used in this section, "menstrual supplies" means tampons or pads for use in connection with the menstrual cycle. B. Each school board shall make menstrual supplies available, at all times and at no cost to students, in such accessible locations as it deems appropriate in each elementary school in the local school division. C. Each school board shall make menstrual supplies available, at all times and at no cost to students, in the bathrooms of each middle school and high school in the local school division. 2020, cc. 675 , 676 .

Va. Code Ann. § 22.1-7 Responsibility of each state board, agency, and institution having children in residence or in custody

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 § 22.1-213 and such board, agency, or institution must contract with a private nonreligious school to provide special education as defined in § 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 § 22.1-218 . F. Any person of school age who is admitted pursuant to § 16.1-338 , 16.1-339 , or 16.1-340.1 or in accordance with an order of involuntary commitment entered pursuant to §§ 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 § 22.1-254 . 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 .

Va. Code Ann. § 22.1-7.1 Open school enrollment policy

A. Any local school board may establish and implement policies to provide for the open enrollment to any school of any student residing within the school division upon the request of a parent or guardian. In developing such policies, a local school board may include the following conditions and limitations: 1. An application process whereby a parent or guardian indicates a school preference for purposes of his child attending a school in the child's school division but outside of the attendance area in which the child resides; 2. A requirement that the parent or guardian provide transportation for the student attending a school other than his assigned school; 3. A requirement that a student may be disqualified from attending a school other than his assigned school if he has been subject to a specified disciplinary action; 4. A prohibition on the recruitment of a student from one school to another by a school division employee; 5. A limitation on participation in certain athletic activities for a student who chooses to attend a school other than his assigned school; 6. A random, unbiased selection process in the event open enrollment requests exceed the capacity of a school; 7. A provision that a student shall be permitted to remain at the receiving school until the student has completed the highest grade level in the school; and 8. A preference to a student (i) who resides in a location that has been subject to a change in school attendance area during the previous two years, (ii) who has a sibling attending the receiving school, or (iii) whose parent or guardian is an employee of the receiving school. B. A copy of the school division's policies for open enrollment, if any, shall be posted on the division's website and shall be available to the public upon request. C. Nothing in this section shall interfere with a local school board's authority to adopt a pupil assignment plan pursuant to § 22.1-79 . D. For the purposes of this section, "open enrollment" means a policy adopted and implemented by a local school board to allow any student to enroll in any school within the school division of attendance regardless of the location of the student's residence. 2012, c. 510 ; 2013, c. 805 ; 2015, c. 369 ; 2022, c. 355 .

Va. Code Ann. § 22.1-7.2 Enrollment for students residing on a military installation or in military housing

A. As used in this section, "military installation" means a base, camp, post, station, yard, center, homeport facility for any ship, fort, or other activity under the jurisdiction of the Department of Defense, including any leased facility, that is located in whole or in part within the Commonwealth. "Military installation" does not include any facility used primarily for civil works, rivers and harbors projects, or flood control projects. B. Any local school board of a school division in which a military installation or other military housing is located shall establish and implement policies to provide for the enrollment to any school of any student residing on a military installation or in military housing within the school division upon the request of his parent if space in the school is available. In developing such policies, a local school board may include any of conditions listed in subsection A of § 22.1-7.1 or any other condition deemed appropriate by the local school board. C. Each local school board may establish and implement policies providing for the enrollment of any student who (i) does not reside within such school division and (ii) is the dependent of a parent that is a full-time active duty member of the uniformed services of the United States upon request of such student's parent, provided that: 1. Space in the school is available; 2. At least one parent of the student has an identification card issued by the U.S. Department of Defense; 3. At least one parent can provide evidence that he will be on active duty status or active duty orders, such that the parent will be temporarily transferred in compliance with official orders to another location in support of combat, a contingency operation, or a natural disaster requiring the use of orders for more than 30 consecutive days; and 4. The student will be residing with a relative of such student who lives in the applicable school division in which such student is seeking enrollment or will be residing in such school division within six months of requesting enrollment in such school division. Such policies may include any of the conditions listed in subsection A of § 22.1-7.1 . Such policies may provide for the denial of any such enrollment request if the school board can demonstrate that it lacks the resources or capacity. D. A copy of the school division's policies established and implemented pursuant to subsections B and C shall be posted on the division's website and shall be available to the public upon request. 2018, c. 390 ; 2025, c. 389 .
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://law.lis.virginia.gov/vacode/title22.1/chapter1/Fetched: 10/16/2026