DEPARTMENT OF EDUCATION
P.O.
SUPTS. MEMO NO. 140
July 27, 2007
|
TO: |
Division
Superintendents |
|
FROM: |
Billy
K. Cannaday,Jr. Superintendent
of Public Instruction |
|
SUBJECT: |
Student
Enrollment Requirements |
As you
prepare for the 2007-2008 school year, I want to take the opportunity to
provide you with certain information regarding enrollment requirements that
have caused some confusion in the past.
Please distribute this information as widely as possible throughout your
school division.
Residency
Code of
Questions
continue to arise regarding a local school board’s authority to inquire into a
perspective student’s citizenship or visa status and to bar enrollment to those
students who reside within the school division but do not hold a student visa. Pursuant to a decision by the United States
Supreme Court, school divisions are not permitted to inquire into a prospective
student’s citizenship or visa status in order to enroll the student. School divisions are required to accept
students who meet residency requirements under § 22.1-3 of the Code and may not
deny a free public education to undocumented school-age children who reside
within their jurisdiction because they do not hold valid United States
citizenship or a student visa.
Students
with a Parent or Parents in the Military
A
student is deemed a resident of a school division and cannot be denied
admission or charged tuition if the student is living with an individual who is
defined as a parent, not solely for school purposes, pursuant to a Special
Power of Attorney executed under Title 10, United States Code, § 1044b, by the
custodial parent while such custodial parent is deployed outside the United
States as a member of the Virginia National Guard or as a member of the United
States Armed Forces. When practicable,
such students may continue to attend school in the school division they
attended immediately prior to the deployment without paying tuition for
attending school in that division.
Social
Security Numbers
School
divisions may not refuse to enroll a student whose parent does not furnish a
social security number for that student.
If your enrollment forms include a space for a social security number,
you must explain to the parent why you want the number, what it will be used
for and that provision of the number is not required. The superintendent or his designee may assign
another identifying number or waive the requirement if a parent is unwilling to
present a social security number for the child.
Homeless
Students
School
divisions must enroll homeless students.
School divisions must coordinate the provision of services to homeless
students with relevant local social services agencies and other agencies and
programs providing services to such students, and with other school divisions.
Superintendents cannot exclude from school attendance those homeless children
who do not provide the requisite health or immunization information required of
other students. School divisions must immediately refer the student to the
local school division liaison required to assist the student in obtaining
necessary physical examinations or proof or completion of immunizations.
Students
in Foster Care
A
student who has been placed in foster care by a local social services agency
shall be immediately enrolled even if the placing social services agency is
unable to produce the documents required for enrollment. In such cases, the person enrolling the
student must provide a written statement at the time of enrollment.
I
have attached a copy of Virginia Code § 22.1-3 for your information. It provides more details regarding residency
in a school division. I hope you will
find this information helpful. Please do
not hesitate to contact the Office of Policy and Communications, at (804)
225-2403 or policy@doe.virginia.gov
if you need additional information.
http://www.doe.virginia.gov/VDOE/suptsmemos/2007/inf140a.pdf