P.O. BOX 2120



June 25, 2004



Division Superintendents



Jo Lynne DeMary

Superintendent of Public Instruction



Local School Board Requirements for Notification of Parents Established by SB 438


The purpose of this memo is to inform you of the requirements for notification of parents established by

SB 438 passed by the 2004 General Assembly that becomes effective on July 1, 2004. SB 438 amends 22.1-253.13:4. Standard 4. Diplomas and certificates; class rankings.


The following language has been added:

22.1-253.13:4. Standard 4. A.

Each local school board shall notify the parent of rising eleventh and twelfth grade students of (i) the number of standard and verified units of credit required for graduation pursuant to the standards of accreditation and (ii) the remaining number of such units of credit the individual student requires for graduation.


22.1-253.13:4. Standard 4. B.

Each local school board shall notify the parent of such students with disabilities who have an individualized education program and who fail to meet the requirements for graduation of the students right to a free and appropriate education to age 21, inclusive, pursuant to Article 2

( 22.1-213 et seq.) of Chapter 13 of this title.


22.1-253.13:4. Standard 4. C.

Each local school board shall provide notification of the right to a free public education for students who have not reached 20 years of age on or before August 1 of the school year, pursuant to Chapter 1 ( 22.1-1 et seq.) of this title, to the parent of students who fail to graduate or who have failed to achieve the number of verified units of credit required for graduation as provided in the standards of accreditation. If such student who does not graduate or achieve such verified units of credit is a student for whom English is a second language, the local school board shall notify the parent of the students opportunity for a free public education through the age of 21 in accordance with subsection D of 22.1-5.


If you have any questions about the requirements, please contact Dr. Sylinda Gilchrist (, specialist for school guidance, at (804) 786-9377 or Melissa Velazquez (, policy analyst, at (804) 7876-5392.