DEPARTMENT OF EDUCATION
P.O.
SUPTS. MEMO NO. 30
July 28, 2006
ADMINISTRATIVE
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TO: |
Division
Superintendents |
|
FROM: |
Billy
K. Cannaday, Jr. Superintendent
of Public Instruction |
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SUBJECT: |
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The purpose of this memorandum
is to advise you that the Virginia Department of Social Services (DSS) has new
requirements for licensed child-placing agencies and social services agencies
that affect enrollment in schools of children who are under foster care, being
adopted, or receiving residential treatment. Agencies placing out-of-state
children through the Virginia Interstate Compact on the Placement of Children
(ICPC) with the expectation of public school attendance must notify the school
division superintendent and obtain a letter of acknowledgement and acceptance
of the child for enrollment. In
addition, with the passage of HB 95 by the 2006 General Assembly, local social
services agencies and licensed child-placing agencies making foster care
placements of school-aged children must provide information to public schools
about certain criminal convictions or delinquency adjudications at the time of
enrollment.
The Department of
Social Services has expanded its ICPC procedures to ensure that school
divisions receive information about out-of-state children or youth being sent
to the divisions geographic area. Prior
to placement, the agency must notify the school division superintendent and
request a letter or other documentation to specify that the child or youth has
been accepted for enrollment. This
letter must be included in the application packet that is provided to the DSS
Interstate Office for review and approval.
In addition, the application packet must include a current Individual
Education Plan, court orders involving criminal behaviors and activities,
including sexual offenses, or certification that there is no history of
criminal activities and behaviors, and social histories.
The second
procedural change, resulting from the passage of HB 95, requires that the
social services agency or licensed child-placing agency in charge of a child
provide a sworn statement to a school at the time of enrollment that he or she
has or has not been found guilty or adjudicated delinquent for offenses listed
in subsection G of 16.1-260 of the Code. These offenses are as follows:
1.
A
firearm offense pursuant to Article 4 ( 18.2-279 et seq.),
5 ( 18.2-288 et seq.),
6 ( 18.2-299 et seq.),
or 7 ( 18.2-308 et seq.)
of Chapter 7 of Title 18.2
2.
Homicide,
pursuant to Article 1 ( 18.2-30 et seq.) of
Chapter 4 of Title 18.2
3.
Felonious
assault and bodily wounding, pursuant to Article
4 ( 18.2-51 et seq.) of
Chapter 4 of Title 18.2
4.
Criminal
sexual assault, pursuant to Article 7 ( 18.2-61 et seq.) of
Chapter 4 of Title 18.2
1.
Manufacture,
sale, gift, distribution or possession of Schedule I or II controlled
substances, pursuant to Article 1 ( 18.2-247 et seq.)
of Chapter 7 of Title 18.2;
2.
Manufacture,
sale or distribution of marijuana pursuant to Article 1 ( 18.2-247 et seq.)
of Chapter 7 of Title 18.2
3.
Arson
and related crimes, pursuant to Article 1( 18.2-77 et seq.) of
Chapter 5 of Title 18.2
4.
Burglary
and related offenses, pursuant to 18.2-89 through 18.2-93
5.
Robbery
pursuant to 18.2-58
6.
Prohibited
street gang participation pursuant to 18.2-46.2
7.
Prohibited
criminal street gang activity pursuant to 18.2-46.2
8.
Recruitment
of other juveniles for a criminal street gang activity pursuant to 18.2-46.3
9.
Recruitment
of juveniles for criminal street gang pursuant
to 18.2-46.3.
The legislation also requires a parent,
guardian, or other person in charge of a child to provide a sworn statement or
affirmation as discussed above. The
school division maintains the statements and affirmations separately from all
other student records, in accordance with 22.1-288.2 of the Code relating to receipt and
dissemination of law-enforcement information.
The Virginia Department of Education notified school divisions about HB
95 in May of 2006 through a Superintendents Memo that may be found at http://www.doe.virginia.gov/administrators/superintendents_memos/2006/inf101.html. The following link provides the text of the
legislation: http://leg1.state.va.us/cgi-bin/legp504.exe?061+ful+CHAP0053.
Questions may be addressed to
BKC/CAC/rt