Virginia SB 1314: Children in residence or custody; participation in educational programs.

Bill Text

Bill Tracking - 2019 session > Legislation 

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2019 SESSION

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19101466D

SENATE BILL NO. 1314 

Offered January 9, 2019 

Prefiled January 7, 2019 

A BILL to amend and reenact � 22.1-7 of the Code of Virginia, 
 relating to children in residence or custody; participation in educational 
 programs. 
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Patrons-- Hanger and Deeds 

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Referred to Committee on Education and Health 

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Be it enacted by the General Assembly of Virginia:

1. That � 22.1-7 of the Code of Virginia is amended and 
 reenacted as follows:

� 22.1-7. Responsibility of each state board, agency, and 
 institution having children in residence or in custody.

A. Each 
 state board, state agency, 
 and state institution having children in residence or in custody shall have 
 responsibility for providing for the education and training to such children 
 which is at least comparable to that which would be provided to such children 
 in the public school system. Such board, agency, 
 or institution may provide such education and training either directly with its 
 own facilities and personnel in cooperation with the Board of Education or 
 under contract with a school division or any other public or private 
 nonreligious school, agency, 
 or institution.

B. 
 The Board of Education shall supervise the education and training provided to 
 school-age individuals in state training centers, and shall provide for and 
 direct the education for school-age individuals in state hospitals operated by 
 the Department of Behavioral Health and Developmental Services in cooperation 
 with the Department of Behavioral Health and Developmental Services.

C. 
 The Board shall prescribe standards and regulations for all such education and 
 training provided directly by a state board, state agency, 
 or state institution.

D. 
 Each state board, state agency, 
 or state institution providing such education and training shall submit 
 annually its program therefor to the Board of Education for approval in 
 accordance with regulations of the Board.

E. 
 If any child in the custody of any state board, state agency, or state institution is a 
 child with disabilities as defined in � 22.1-213 and such board, agency, or institution must contract 
 with a private nonreligious school to provide special education as defined in � 
 22.1-213 for such child, the state board, state agency, 
 or state institution may proceed as a guardian pursuant to the provisions of 
 subsection A of � 22.1-218.

F. Any child who 
 is admitted to a 
 state hospital or state 
 mental health facility for inpatient treatment pursuant to � 
 16.1-338, 16.1-339, or 16.1-340.1 
 or in accordance with an 
 order of involuntary commitment entered pursuant to �� 16.1-341 through 
 16.1-345, shall, if 
 appropriate, participate in any education and training prog