COMMONWEALTH OF VIRGINIA
DEPARTMENT OF EDUCATION
P. O. BOX 2120
RICHMOND, VIRGINIA 23218-2120
SUPTS. MEMO. NO. 57
August 8, 1997

ADMINISTRATIVE

TO: Division Superintendents
FROM:
 
Richard T. La Pointe
Superintendent of Public Instruction
SUBJECT:
 
Counting Partially Enrolled Students in ADM - Reconciling HB 1860 and 
Item 140 A. 1. c of the 1997 Appropriation Act

 
  The 1997 General Assembly passed HB 1860 which  amended 
  22.1-253.13:1, Code of Virginia, by adding subsection H 
  to clarify that a student enrolled in a public school on less 
  than a full-time basis could be counted in average daily membership
  (ADM).  Budgetary language was added in the appropriation act
  to establish the mechanism by which nonpublic and home
  instructed students enrolled less than full-time will be
  counted in ADM for payments made under the Standards of
  Quality.

  These legislative changes will enable those school divisions,
  that permit the enrollment on a less than full-time basis of
  nonpublic and home instructed students, to count such students
  in ADM under certain circumstances.  Specifically, 22.1-253.13:1, 
  Code of Virginia,  was amended to state:

     Students enrolled in a public school on a less than
     full-time basis shall be counted in average daily
     membership (ADM) in the relevant school division. 
     Students who are either (i) enrolled in a nonpublic
     school or (ii) receiving home instruction pursuant
     to 22.1-254.1, and who are enrolled in public
     school on a less than full-time basis in any
     mathematics, science, English, history, social
     science, vocational education, fine arts, or
     foreign language course shall be counted in the
     average daily membership (ADM) in the relevant
     school division on a pro rata basis as provided in
     the appropriation act.  However, no public or home 
     schooled student shall be counted as more than one-half 
     student for purposes of such pro rata calculation.  Such 
     calculation shall not include enrollments of such students
     in other public school courses.

  The budgetary language which was added to the appropriation
  act established the mechanism for counting the student in ADM. 
  Specifically, Item 140 A. 1. c. states that:

     Students who are either  (i) enrolled in a
     nonpublic school or (ii) receiving home instruction
     pursuant to 22.1-254.1, and who are enrolled in
     public school on a less than full-time basis in any
     mathematics, science, English, social science, or
     foreign language course shall be counted in the ADM
     in the relevant school division.  Each course shall
     be counted as 0.25, up to a cap of 0.5 of a
     student.  This provision is contingent upon the
     enactment of House Bill 1860.

  The listing of the permissible courses of study for which a
  child may be counted in ADM is different in the legislation
  enacted through House Bill 1860 from that provided in the 
  appropriation act. Specifically, the appropriation act language
  does not permit counting students enrolled in vocational education 
  and/or fine arts courses.  4-11.00 of the appropriation act addresses
  conflicts with other laws and states that "[t]his act shall
  prevail over all other laws of the Commonwealth which may be
  in conflict therewith until July 1, 1998, at which time this
  act shall expire."

  This language in 4-11.00 of the appropriation act means that
  the provisions of the appropriation act will supersede those
  established in 22.1-253.13:1, Code of Virginia. 
  Consequently, for the  upcoming school year, school divisions
  permitting the less than full-time enrollment of nonpublic and
  home instructed students may count those students in ADM for
  enrollment in any mathematics, science, English, social
  science, or foreign language course, with each course to be
  counted as 0.25, up to a cap of 0.5 of a student. 

  If you have any questions concerning this issue, please
  contact June Eanes, Budget Director, Division of Finance.  Ms.
  Eanes can be reached at (804) 225-2060.

  RTL/dta