COMMONWEALTH OF VIRGINIA
DEPARTMENT OF EDUCATION
P. O. BOX 2120
RICHMOND, VIRGINIA 23218-2120
SUPTS. MEMO. NO. 2
January 17, 1997

ADMINISTRATIVE

TO: Division Superintendents
FROM:
 
Richard T. La Pointe
Superintendent of Public Instruction
SUBJECT:
 
Re-enrollment of juveniles who are committed to the
Department of Juvenile Justice

 
  House Bill 936 (Delegate Tata, Virginia Beach), passed by
  the 1996 General Assembly, requires that a re-enrollment
  plan be developed for all juveniles who are committed to the
  Department of Juvenile Justice who are of school age or who
  are identified as eligible for special education services
  pursuant to Section 22.1-213 of the Code of Virginia.  (A
  copy of the statutes amended by the legislation is
  attached).

  Local court service units of the Department of Juvenile
  Justice have responsibility for development of the re-enrollment
  plan, with the cooperation of local school divisions, Department
  of Correctional Education staff, and Department of Juvenile Justice
  juvenile correctional center counselors (Section 16.1-293).

  The Departments of Juvenile Justice, Correctional Education,
  and Education have worked with representatives of local
  court services units and local school divisions to develop
  procedures and a form for use when planning for the re-enrollment
  of these juveniles.  During regional cross-agency
  training this fall, the procedures and form were reviewed
  and participants provided additional comment.  The
  procedures, form, and a flow chart are attached to this
  memorandum.

  The Department of Juvenile Justice has informed its local
  court service unit staff that a re-enrollment plan, using
  the attached procedures and form, be completed for each
  juvenile who is committed to the Department of Juvenile
  Justice beginning January 1, 1997.  In accordance with
  Section 16.1-293, the student's probation officer will,
  within 48 hours of commitment, send a request for
  information to the local school division where the student
  was last enrolled.  

  Each local school division has identified a court-school
  liaison, as requested by Supt. Memo. No. 37 (June 14, 1996). 
  Local court service unit probation officers will forward the
  request for information to this person.  Local school
  divisions and local court service units are free to identify
  other persons who will receive these requests for
  information, according to local needs.

  The local school division will complete Section III of the
  re-enrollment form and forward the student's scholastic
  record to the Reception and Diagnostic Center of the
  Department of Correctional Education within five (5) days of
  receipt.

  Section 16.1-293 requires the Department of Juvenile Justice
  to inform the school division of a juvenile's return to the
  community from commitment at least 14 days prior to release. 
  The local school board and the local school superintendent
  are the final authorities on the student's public school
  enrollment, placement, and re-enrollment after long-term
  suspension or expulsion.  

  The legislation ensured that probation and parole officers
  and correctional personnel have access to juvenile records
  (Section 22.1-287A5).  In addition, Section 22.1-289E
  provides the authority to transfer scholastic records to a
  school of a juvenile correctional center, upon receiving
  notice from the Department of Juvenile Justice or the
  Department of Correctional Education.  Parental permission
  is not required to transfer the scholastic record to a
  correctional education school.  However, parents shall be
  provided with written notice of the transfer of the record,
  in accordance with Section 22.1-289D.  Please note that
  failure to send copies of the student's immunization records
  may result in unnecessary re-immunization of the juvenile at
  the Reception and Diagnostic Center. 

  Dr. Lissa Power-deFur, in the Division of Policy and Public
  Affairs (804/225-2818), is available to respond to any
  questions regarding the re-enrollment plan. Ms. Michelle
  Hathcock, in the Division of Compliance (804/225-2339) is
  available to respond to any questions regarding the
  management of student records.  


  RLP:lpdf

  Enclosures:  This memo and its enclosures will be sent to
               the superintendent's office.