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SUPTS. MEMO. NO. 2
January 17, 1997 |
| TO: | Division Superintendents |
| FROM:
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Richard T. La Pointe
Superintendent of Public Instruction |
| SUBJECT:
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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.