No person shall be charged tuition for admission or enrollment in the Buena Vista City public schools, whether on a full-time or part-time basis, who is eligible for admission under Policies JEC or JECA. School officials may not inquire into the student’s citizenship or visa status in determining eligibility for tuition-free enrollment in the Buena Vista City public schools.
However, a school division may admit a student and may charge tuition to a student who:
A. Is a resident of the school division but not of school age;
B. Is of school age and not a resident of Virginia but is temporarily living with anon-parent who resides within the school division;
C. Is of school age and resides beyond the boundaries of Virginia but near thereto in a state or the District of Columbia which grants equal attendance privileges to residents of the Commonwealth;
D. Is of school age and resides on a military or naval reservation located wholly or partly within the geographical boundaries of the school division, is not a domiciled resident of the Commonwealth of Virginia, and is a student for whom federal funds provided under Public Law 874 of 1950, commonly known as Impact Aid, fund less than 50 percent of the total per capita cost of education in Buena Vista City Public Schools exclusive of capital outlay and debt service;
E. Is of school age and attending a school in the division pursuant to a foreign student exchange program approved by the School Board;
F. Is a resident of the Commonwealth but not of the school division;
G. Is of school age and was enrolled in a public school within the division as a domiciled resident of the Commonwealth, and has been 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, where such state or the District of Columbia is contiguous to the school division; or
H. Is of school age and residing within the school division, and is enrolled in summer programs other than remediation required under Va. Code § 22.1-253:13.1, or is enrolled in local initiatives or programs not required by the Standards of Quality or the Standards of Accreditation,
The Buena Vista City School Board designates the following category(ies) of students as eligible for consideration for admission: Eligibility for consideration does not signify acceptance of the admission application of a student. Each application for admission will be considered on an individual basis. The residency of persons in the above categories who reside in housing or temporary shelter, or on property located in multiple jurisdictions, shall be determined in the manner set forth in JEC.
Foreign students in an F-1 immigration status or who obtain F-1 student visas shall not be admitted in the division’s elementary schools or publicly funded adult education programs. Such students may be admitted, for a period up to twelve months, in the division’s secondary schools only if they pre-pay the full, unsubsidized per capita cost of the education.
Procedure for Admission
The following procedure shall be followed for application and review of applications for admission of students.
A parent or guardian of a student shall apply for admission on behalf of his/her child by completing the division application. The application form shall contain information and agreements including, but not limited to:
1. the current legal residence of the child and the school division in which he/she is currently enrolled;
2. the child’s social security number, if applicable;
3. the basis for requesting admission;
4. the specific building and grade level (elementary) or course offerings (secondary) in which the student desires to be enrolled if accepted by the division; and,
5. the agreement that the student is subject to all policies, regulations and guidelines of the school division, including the Code of Student Conduct.
Within 15 calendar days of receipt of the application, the Buena Vista City Office of the school division shall provide the applicant with written notification of the approval or denial of the application. If the student is to be admitted, the superintendent shall recommend the admission to the School Board and the Buena Vista City Office shall notify the division which the student previously attended and make necessary arrangements for the transfer of student records. The notification of admission shall state the period for which the student is accepted or the subsequent conditions which could cause the acceptance to be terminated.
If the application is denied, the Buena Vista City Office shall notify the parent or guardian of the right to have the transfer reviewed by sending a written request to the superintendent/designee within seven calendar days. Applications denied based upon the student's suspension, expulsion, or withdrawal of admission shall be reviewed in as provided in Policy JEC. For all other denials of admission, the superintendent/designee shall respond in writing to the request for review within 10 calendar days. If the request is denied, the superintendent/designee shall notify the parent of the right to petition the School Board, upon five calendar day’s prior notice, for review of the decision and to have a hearing before the Board at its next regular meeting. Following the hearing by the Board, a final decision shall be promptly communicated to the parent in writing. If review is not requested within the timelines specified, the recommended denial of the request for admission shall be submitted to the Board at its next regular meeting.
The tuition rate shall be set by the superintendent for each academic year.
Transportation shall not be furnished to nonresident students except in those cases where:
• agreements between divisions specify transportation services; or
• federal or state legislation mandates the provision of transportation services; or
• transportation services can be provided at no cost to the division.
Legal Ref: Code of Virginia, 1950, as amended, sections 22.1-3, 22.1-5 and 22.1-260.
1999 Va. Op. Atty. Gen. 105
Cross Ref.: JEC School Admission
JECA Admission of Homeless Children
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