Authority: Financial Assistance for Instruction (1710100):

Discretionary Inclusion; P.L. 97-35, P.L. 98-211 and P.L. 100-297, Federal Code.

Financial Assistance for Special Education (1710200): §§ 22.1-213 through 22.1-222; P.L. 91-230, P.L. 101-476, P.L. 102-119, P.L. 98-199, and P.L. 99-457, Federal Code.

Financial Assistance for Vocational Education (1710300): §§ 22.1-227, Code of Virginia; P.L. 98-524, Federal Code.

Financial Assistance for Adult Education (1710400): §§ 22.1-223 through 22.1-226, Code of Virginia; P.L. 95-561 and P.L. 100-297, Federal Code.

Financial Assistance for General Education (1710500): Discretionary Inclusion; and P.L. 99-570, Federal Code.

Financial Assistance for Cultural Transition (1710600): Treaty of 1677 between Virginia and the Indians; P.L. 100-297, Federal Code.

Financial Assistance for Research and Testing (1710700): Discretionary Inclusion.

Financial Assistance for Educational Telecommunications (1711100): Discretionary Inclusion.

Financial Assistance from Federal Land Use (1711300): § 22.1-108, Code of Virginia; P.L. 94-588, Federal Code.

Financial Assistance for Dropout Prevention (1711400): Discretionary Inclusion.

Financial Assistance for Foster Children Education Payments (1711500): § 22.1-101, Code of Virginia.

A. Instruction Payments

1. Aid to localities provided by the Federal Block Grant for Education is appropriated in this subprogram.

2. This appropriation includes $300,000 in each year for Migrant Education.

B. Special Education Instruction Payments

1. The Department of Education shall establish rates for all elements in this subprogram.

2. Out of the amounts for special education payments, the Department of Education shall make available, subject to implementation by the Superintendent of Public Instruction, an amount estimated at $20,748,360 the first year and $22,747,920 $26,580,000 the second year from the general fund for the purpose of the state's share of the tuition rates for approved public school regional programs. Notwithstanding any contrary provision of law, the state's share of the tuition rates shall be based on the composite index of local ability-to-pay.

3. Out of the amounts for Financial Assistance for Special Education, $12,831,070 the first year and $13,482,603 $13,532,603 the second year from the general fund is appropriated to permit the Department of Education to contract with selected local school boards for the provision of educational services to children residing in certain hospitals, clinics, and detention homes by employees of the local school boards. The selection and employment of instructional and administrative personnel under such contracts will be the responsibility of the local school board in accordance with procedures as prescribed by the local school board.

4. Out of the amounts for special education payments, $1,050,000 the first year from the general fund is appropriated for the purpose of providing education services to disabled students who have been expelled or long-term suspended for reasons not related to their handicapping condition during the pendency of litigation contesting federal requirements to provide such education services. Notwithstanding any contrary provisions of law, in the second year, the state share of costs, if any, of providing education services to these disabled students shall be limited to the costs that would have been paid by the state on behalf of such students had they not been expelled or long-term suspended.

C. Vocational Education Instruction Payments

1. It is the intention of the General Assembly that the Department of Education explore initiatives that will encourage greater cooperation between jurisdictions and the Virginia Community College System in meeting the needs of public school systems.

2. This appropriation includes $75,000 the first year and $75,000 the second year from the general fund for the School-To-Work Transition Grants Program.

D. Adult Education Payments

State funds shall be used to reimburse general adult education programs on a fixed cost per pupil or cost per class basis. No state funds shall be used to support vocational non-credit courses.

E. General Education Payments

1. a. Out of the amounts for Financial Assistance for General Education shall be paid $1,085,754 the first year and $1,085,754 the second year from the general fund for Project Discovery. These funds are to fund approximately one-half of the cost of the program in Abingdon, Accomack/Northampton, Alexandria, Amherst, Appomattox, Arlington, Bedford, Bland, Campbell, Charlottesville, Cumberland, Danville/Pittsylvania, Fairfax, Franklin/Patrick, Goochland/Powhatan, Lynchburg, Newport News, Norfolk, Richmond City, Roanoke City, Smyth, Surry/Sussex, Tazewell, Williamsburg/James City, and Wythe and the salary of a fiscal officer for Project Discovery.

b. The Board of Education shall determine the Project Discovery funding distributions to each community action agency. The contract with Project Discovery, Inc. should specify the allocations to each local Project Discovery program. Allocations shall be on a per pupil basis for students enrolled in the program.

2. a. The Department of Education and the Department of Medical Assistance Services shall jointly issue a request for proposals for the planning and implementation of pilot school/community health centers. This appropriation includes $1,500,000 the first year and $1,500,000 the second year from the general fund for pilot projects.

b. A school division which desires to participate in a pilot program must be, or agree to become, a Medicaid provider approved by the Department of Medical Assistance Services. Any Medicaid reimbursements received from services provided through the school/community health center must be retained by the center for the continuation of its operation.

c. Pilots are encouraged to develop different models of service delivery, including but not limited to, individual school-based programs, district-wide efforts through the use of mobile approaches, or regional efforts. Centers should provide a variety of services such as health screening, outreach programs, health counseling, control and management of communicable diseases, and the management of medically fragile students.

3. Out of the amounts for Financial Assistance for General Education, the Board of Education shall provide $50,000 the first year and $50,000 the second year from the general fund for the Blue Ridge Regional Education and Training Council.

4. Out of the amounts for Financial Assistance for General Education, the Board of Education shall provide $362,000 the first year and $362,000 the second year from the general fund for the Southwest Virginia Public Education Consortium at Clinch Valley College.

5. Out of the amounts for Financial Assistance for General Education, the Board of Education shall provide $1,555,707 the first year from the general fund to provide the state share of a $1,500 grant per school for teacher training and curriculum development associated with the implementation of the Standards of Learning.

6.a. The appropriation for Financial Assistance for General Education includes $135,000 the first year and $215,000 the second year from the general fund for the Southside Virginia Regional Technology Consortium to expand the research and development phase of a technology linkage .

b. Out of the amounts for Financial Assistance for General Education, the Board of Education shall provide $20,000 the second year from the general fund for the localities of Danville and Pittsylvania to join the Southside Virginia Regional Technology Consortium.

7. The appropriation for Financial Assistance for General Education includes $5,000 the first year and $10,000 the second year from the general fund for student exchanges between Virginia's school divisions.

8. Out of the amounts for Financial Assistance for General Education, the Board of Education shall provide $105,000 the second year from the general fund for the Hampton Roads Public Education Regional Cooperative.

9. Out of the amounts for Financial Assistance for General Education, the Board of Education shall provide $100,000 the second year from the general fund for the Chesapeake Bay Regional Environmental Program.

F. Cultural Transition Payments

A payment of $2,593,707 the first year and $2,593,707 the second year from the general fund shall be disbursed by the Department of Education to local school divisions to support the state share of nine professional instructional positions per 1,000 students for whom English is a second language.

G. Educational Telecommunications Payments

1. Out of the amounts for Financial Assistance for Educational Telecommunications, the Board of Education shall provide assistance for electronic classrooms.

2. The local share of costs associated with operation of electronic classrooms shall be computed using the local composite index.

H. Dropout Prevention Payments

1. Out of the amounts for Financial Assistance for Dropout Prevention shall be paid $10,470,997 the first year and $10,470,997 $10,534,364 the second year from the general fund to support a statewide dropout prevention program. Such program shall include elements which are consistent with the following:

a. An application process for localities that wish to participate in the program;

b. Priority consideration to those localities with the most acute need for such programs (as reflected by each locality's dropout rate and the improvement in such rate);

c. Target grants based on a per pupil amount for each pupil in grades 6 through 10 who is judged on consistent and objective criteria to be at risk of dropping out of school, based on the number of eighth grade students scoring in the bottom national quartile;

d. Provisions for a local resource commitment of 40 percent, to match state grants of 60 percent; and,

e. Local program plans which include systematic identification of potential dropouts, assessment of individual student needs, and provision of coordinated alternative programs to meet such needs.

2. a. This appropriation includes $770,000 the first year and $770,000 the second year from the general fund to provide at least three pilot programs related to increasing the success of disadvantaged students in completing a high school degree and providing opportunities to encourage further education and training. Of this appropriation, $115,000 the first year and $115,000 the second year from the general fund shall be provided for An Achievable Dream, Inc., to operate an extended-school-day and summer tennis and educational enhancement program in Newport News.

b. Pilot programs must contain the following:

1) A focus on early intervention, dropout prevention, and college preparation;

2) Evidence of cooperation among local schools, colleges, universities, and community groups;

3) Evidence of coordination of programs and funding available through Project Discovery, Dropout Prevention, the Virginia Plan for Equal Opportunity in State-Supported Institutions of Higher Education, or similar sources;

4) Evidence of private sector cooperation and support.

c. The Department of Education shall develop guidelines for submitting pilot program proposals, as well as for implementation and assessment of these programs. Such guidelines shall ensure that school boards are allowed broad flexibility to design and implement program components which best serve the needs of the students enrolled in the program.

3. This appropriation includes $1,007,190 the first year and $1,007,190 the second year from the general fund as the state share of an extended school day homework assistance program for at-risk children in grades three through five. Schools with at least 60 percent of their students qualifying for the federal Free Lunch Program are eligible to receive these incentive payments. To receive these funds, school divisions must provide documentation to the Department of Education that such programs are being provided.

4.a. This appropriation includes $379,457 the first year and $499,358 the second year from the general fund to establish pilot Advancement Via Individual Determination (AVID) programs to prepare middle and high school at-risk students for college eligibility and success in college once they are enrolled. These pilots shall be in the cities of Newport News, Norfolk, Richmond, Hampton, and Fairfax County. In order to participate, localities are required to provide a match for these funds based on the composite index of local ability-to-pay.

b. An additional appropriation of $45,000 the second year from the general fund is provided for the Center for Excellence in Urban Education, an AVID center in Newport News.

I. Foster Children Education Payments

1. An additional state payment for the prior year's local operations costs, as determined by the Department of Education, for each pupil not a resident of the school division providing his education (i) who has been placed in foster care or other custodial care within the geographical boundaries of such school division by a Virginia agency, whether state or local, which is authorized under the laws of this Commonwealth to place children; (ii) who has been placed in an orphanage or children's home which exercises legal guardianship rights; or (iii) who is a resident of Virginia and has been placed, not solely for school purposes, in a child-caring institution or group home.

2. This appropriation also provides for funding levels of $3,503,049 the first year and $3,503,049 the second year from the general fund to support handicapped children attending public school who have been placed in foster care or other such custodial care across jurisdictional lines, as provided by subdivision B of § 22.1-101.1., Code of Virginia. Proration is authorized to the extent these funds are not adequate to cover the full costs specified therein.