DEPARTMENT OF EDUCATION
SUPTS. MEMO NO. 30
July 28, 2006
Billy K. Cannaday, Jr.
Superintendent of Public Instruction
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:
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
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