Page 142, after line 8, insert:
"34. Tuition Assistance Grant for Disabled Students Program
a. There is hereby established a Tuition Assistance Grant Program for
Disabled Students to provide grants for students with disabilities, for
whom an individualized educational program has been written in
accordance with regulations of the Board of Education, who attend a
private school of choice. Students with disabilities include K-12
students who are autistic, mentally retarded, physically disabled,
seriously emotionally disturbed, speech impaired, hearing impaired,
visually impaired, multiple disabled, other health impaired or who have
a specific learning disability, or who are otherwise disabled, as
defined by the Board of Education.
b.1) The parent of a public school student with a disability who is
dissatisfied with the student's progress may request and receive from
the state a tuition assistance grant for the student to enroll in and
attend a private school in accordance with this section if:
2. The student attended a public school of the Commonwealth for at
least one year. This requirement shall not apply to a dependent child
of a member of the United States Armed Forces who transfers to a school
in the Commonwealth from out of state or from a foreign country
pursuant to a parent's permanent change of station orders.
3. The parent has obtained acceptance for admission of an eligible
student to a private school and has notified the school division of the
request for a tuition assistance grant at least 60 days prior to the
anticipated date of the grant payment. The parental notification shall
be through a communication sent directly to the division or through the
Department of Education to the division in a manner that creates a
written or electronic record of the notification and the date of
receipt of the notification.
c.1) The tuition assistance grant shall remain in force until the
student returns to a public school or graduates from high school.
However, at any time, the student's parent may remove the student from
the private school and place the student in another private school that
is eligible to receive tuition assistance grants under this section.
2) If the parent chooses a tuition assistance grant under this section
and the student is accepted by the private school, pending the
availability of space for the student, the parent of the student shall
notify the school division 60 days prior to the anticipated date of the
tuition assistance grant payment.
3) For a student who attends a private school and participates in the
Tuition Assistance Grant Program whose parent requests that the student
take the Standards of Learning tests or assessments, the division shall
provide locations and times to take all such assessments.
d.1) To be eligible to participate in the Tuition Assistance Grant
Program, a private school shall be a Virginia private school and shall:
2) Demonstrate fiscal soundness by being in operation for at least one
year, or providing the Board of Education with a (i) statement by a
certified public accountant confirming that the private school is
insured and the owner or owners have sufficient capital or credit to
operate the school for the upcoming year serving the number of students
anticipated with expected revenues from tuition and other sources that
may be reasonably expected; or (ii) surety bond or letter of credit for
the amount equal to the scholarship funds for any quarter.
3) Notify the Board of Education of its intent to participate in the
Tuition Assistance Grant Program under this section, specifying the
grade levels and services that the private school has available for
students with disabilities who are participating in the scholarship
program.
4) Comply with the antidiscrimination provisions of 42 U.S.C. § 2000d.
5) Meet state and local health and safety laws and codes.
6) Employ or contract with teachers who hold baccalaureate or higher
degrees, or have at least three years of teaching experience in public
or private schools, or have special skills, knowledge, or expertise
that qualifies them to provide instruction in subjects taught.
7) Hold a license to operate as a school for students with disabilities pursuant to Chapter 16 of Title 22.1.
8) Adhere to the tenets of its published disciplinary procedures prior to expulsion of a scholarship student.
e. A parent who applies for the Tuition Assistance Grant Program is
exercising the parental option to place the child in a private school
and thus shall select the private school and apply for the admission of
the child.
The parent shall request the tuition assistance grant at least 60 days
prior to the anticipated date of the tuition assistance grant payment.
Any student participating in the tuition assistance grant program shall
remain in attendance throughout the school year, unless excused by the
school for illness or other good cause, and shall comply fully with the
school's code of conduct.
The parent of each student participating in the tuition assistance
grant program shall comply fully with the private school's parental
involvement requirements, unless excused by the school for illness or
other good cause.
If the parent requests that the student participating in the tuition
assistance grant program take all Standards of Learning tests required
by the Standards of Accreditation, the parent shall be responsible for
transporting the student to the assessment site designated by the
school division.
f. School funds issued on behalf of participating students pursuant to
this chapter shall be dispersed by warrant from the Superintendent of
Public Instruction, directly to the school in which the student is
enrolled.
A participant who fails to comply with this subsection shall forfeit the tuition assistance grant.
The amount of the tuition assistance grant approved for an eligible
student with disabilities shall be calculated in accordance with the
appropriation act and shall not exceed the average state share of per
pupil expenditures.
Nothing in this chapter shall give rise to any liability on the part of
the Commonwealth based on the award or use of a grant from the Tuition
Assistance Grant Program.
The Board of Education shall issue guidelines to administer this
chapter and aid local school divisions and private schools in the
implementation of the Tuition Assistance Grant Program." |