Virginia SB 421: Foster Child Scholarship Program; established, report.

Bill Text

2024SESSION
INTRODUCED
24102023D
1 SENATEBILLNO.421
2 OfferedJanuary10,2024
3 PrefiledJanuary9,2024
4 A BILL to amend the Code of Virginia by adding in Chapter 13 of Title 22.1 an article numbered 2.1,
5 consisting of sections numbered 22.1-222.1 through 22.1-222.4, relating to Foster Child Scholarship
6 Program; established.
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Patron––Sturtevant
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9 ReferredtoCommitteeonEducationandHealth
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11 Be it enacted by the General Assembly of Virginia:
12 1. That the Code of Virginia is amended by adding in Chapter 13 of Title 22.1 an article
13 numbered 2.1, consisting of sections numbered 22.1-222.1 through 22.1-222.4, as follows:
14 Article2.1.
15 FosterChildScholarshipProgram.
16 §22.1-222.1. Definitions.
17 As used in this article:
18 "Caregiver" means any parent, guardian, legal custodian, or other person having control or charge
19 of a child, including any foster parent.
20 "Eligible student" means a child (i) who is a foster child; (ii) who is deemed to reside in a school
21 division pursuant to subsection A of § 22.1-3; (iii) for whom compulsory attendance is required pursuant
22 to subsection A of § 22.1-254; and (iv) who is entering kindergarten or was eligible to enroll at a public
23 elementary or secondary school in the Commonwealth during the semester immediately preceding the
24 semester or term for which the child's caregiver initially applies for the Foster Child Scholarship
25 Program or who is entering kindergarten.
26 "Foster child" means a child who, at the time of initial application for the Foster Child Scholarship
27 Program, is in foster care or custody of a social service agency, as supported by documentation from
28 the Department of Social Services.
29 "Foster child scholarship account" or "FCSA" means the account to which funds are allocated by the
30 Department to the caregiver of an eligible student to pay a participating school for education-related
31 expenses in accordance with the requirements and conditions in this article.
32 "Participating school" includes any public school outside the resident school division or any private
33 elementary or secondary school that is accredited pursuant to § 22.1-19 and has notified the Department
34 of its intention to participate in the Program and comply with the Program's requirements.
35 "Program" means the Foster Child Scholarship Program.
36 "Resident school division" means the school division in which an eligible student resides.
37 §22.1-222.2. Foster Child Scholarship Program; established.
38 A. The Foster Child Scholarship Program is established for the purpose of providing school-age
39 children in foster care with the option to attend the participating school of their caregiver's choice.
40 B. The Department shall establish, with the assistance of each school board and the Department of
41 Social Services, the Program. In establishing the Program, the Department shall:
42 1. Create a standard application form by which the caregiver of an eligible student can apply for
43 participation in the Program;
44 2. Establish policies and procedures for the application process, including deadlines and
45 participation timelines that maximize eligible student and resident school division participation and
46 procedures for reviewing and approving applications;
47 3. Adopt policies and procedures for the administration and oversight of the Program, in accordance
48 with §22.1-222.4; and
49 4. Develop, make available to each local school division, and post in a publicly accessible location
50 on its website informational materials on the Program to increase public awareness of the Program and
51 ensure that interested caregivers of eligible students are aware of the Program and how to apply.
52 § 22.1-222.3. Foster Child Scholarship Program; eligibility; application; conditions and
53 requirements.
54 A. Any caregiver of an eligible student shall qualify for a scholarship under the Program if the
55 caregiver submits an application for such Program in compliance with the application deadlines and
56 procedures established by the Department pursuant to subsection B of § 22.1-222.2 and signs an
57 agreement to:
58 1. Not enroll the eligible student in any public school in such student's resident school division for
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59 the duration of the period for which such eligible student would receive a scholarship under the
60 Program;
61 2. If such student receives special education pursuant to an individualized education plan (IEP),
62 release the resident school division from all obligations to educate the eligible student in
63 acknowledgement that receipt of a scholarship under the Program has the same effect of enrollment of
64 such student by his caregiver in private school under 20 U.S.C. § 1412(a)(10) of the Individuals with
65 Disabilities Education Act;
66 3. Acknowledge that scholarship funds deposited into the eligible student's FCSA are payable only to
67 a participa