400 - Students‎ > ‎

405R-B - Foster Care Children

1. Definition of a Child in Foster Care

A child or student placed in foster care means a pupil who is the subject of a foster care placement through an entrustment or commitment of such child to the local social services agency.

2. Definition of Receiving and Sending School Divisions

A receiving school division means the school division in which the residence of the student’s foster care placement is located. A sending school division means the school division in which the student last attended school.

3. Assurance for Expeditious Enrollment 

Whenever a student has been placed in foster care by a local social services agency, and the placing social services agency is unable to produce any of the documents required for enrollment the student shall immediately be enrolled; however, the person enrolling the student shall provide a written statement that, to the best of his or her knowledge, sets forth:
  • The student’s age, 
  • Compliance with The Code of Virginia, § 22.1-3.2 (referencing birth certificates), and 
  • That the student is in good health and is free from communicable or contagious disease. 

4. Documentation for Enrollment

If the documents required for enrollment of the foster child are not immediately available, the placing social services agency shall obtain and produce or otherwise ensure compliance with such requirements within 30 days after the child’s enrollment.

5. Determining the School to Be Attended

The sending and receiving school divisions shall cooperate in facilitating the enrollment of any child placed in foster care across jurisdictional lines for the purpose of enhancing continuity of instruction. The sending school division and the receiving school division may agree to allow the child to continue to attend the school in which he or she was enrolled prior to the most recent foster care placement, upon the agreement of the placing social services agency that such attendance is in the best interest of the child.

6. Tuition Charges

Foster care children and/or foster parents may not be charged tuition. Applicable foster children education payments may apply as provided for under § 22.1-101.1 f the Code of Virginia.

7. Immediate Records Transfer

Upon receiving notice of a foster care placement of a student across jurisdictional lines, the sending school division and the receiving school division shall expedite the transfer of the scholastic record of the student.

8. School Division Contact

School principals are responsible for assuring compliance with these regulations. Any questions or need for resolution of disputes shall be referred to the Office of the Director of Student Support Services.



 

Legal reference:

Code of Virginia §§ 22.1-3.2, 22.1-3.4, 63.2-100

 

 

Adopted:          July 6, 2008