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, Code of Virginia; P.L. 91-230, P.L. 98-199, P.L. 99-457, P.L. 101-476 and P.L. 102-119, 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 from the general fund 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 $36,024,033 $36,174,033 the first year and $37,217,000 $37,517,000 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, $22,511,420 $21,564,720 the first year and $23,561,448 $23,198,581 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.

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. An amount estimated at $11,401,817 $11,386,067 the first year from nongeneral funds is appropriated pursuant to the School-to-Work Opportunities Act of 1994.

3. This appropriation includes $700,000 the first year and $700,000 the second year from the general fund for secondary vocational-technical equipment. A base allocation of $1,000 the first year and $1,000 the second year shall be available for all divisions, with the remainder of the funding distributed on the basis of student enrollment in secondary vocational-technical courses. State funds received for secondary vocational-technical equipment must be used to supplement, not supplant, any funds currently provided for secondary vocational-technical equipment within the locality.

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 noncredit courses.

E. General Education Payments

1.a. Out of the amounts for Financial Assistance for General Education shall be paid $1,009,751 $858,288 the first year and $998,894 $849,060 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. Out of the amounts for Financial Assistance for General Education, the Board of Education shall provide $477,000 $307,700 the first year and $477,000 $307,700 the second year from the general fund for the Southwest Virginia Public Education Consortium at the University of Virginia's College at Wise. The Consortium shall provide $115,000 $97,750 the first year and $115,000 $97,750 the second year from the general fund to continue the Van Gogh Outreach program with Lee and Wise County Public Schools and expand the program to the twelve school divisions in Southwest Virginia.

3. The appropriation for Financial Assistance for General Education includes $215,000 $182,750 the first year and $215,000 $182,750 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.

4. Out of the amounts for Financial Assistance for General Education, the Board of Education shall provide $75,000 $63,750 the first year and $75,000 $63,750 the second year from the general fund for the Western Virginia Public Education Consortium.

F. Cultural Transition Payments

A payment of $8,822,504 $8,686,941 the first year and $10,428,613 $10,213,516 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 ten 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 of ability-to-pay.

H. Dropout Prevention Payments

1. Out of the amounts for Financial Assistance for Dropout Prevention shall be paid $10,203,025 the first year and $10,093,313 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. Provisions for a local funding commitment of 40 percent, to match state grants of 60 percent; and

c. 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.

d. Notwithstanding any contrary provisions of law or of this act, the appropriation for Dropout Prevention in the second year shall be transferred to Item 147 of this act to be spent as a portion of the state’s share of the Student Achievement Grants. These funds shall be distributed to school divisions in the same manner as they would have been distributed for the Dropout Prevention program. Effective July 1, 2003, these funds may not be used for Dropout Prevention unless otherwise permitted under the provisions of the Student Achievement Grants.

2. Out of this appropriation, $2,247,581 the first year and $2,247,581 in the second year from the general fund shall be provided for the secondary schools' Individual Student Alternative Education Program (ISAEP), pursuant to Chapter 488 and Chapter 552 of the 1999 Session of the General Assembly. The Department of Education shall report the status of this program along with any recommendations for determining the cost of this program to the Governor and the Chairmen of the Senate Finance, Senate Education and Health, House Appropriations, and House Education Committees no later than September 1 of each year.

I. Foster Children Education Payments

1. An additional state payment is provided from the general fund 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 (a) 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; (b) who has been placed in an orphanage or children's home which exercises legal guardianship rights; or (c) 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 $5,504,589 the first year and $5,504,589 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 subsection B of § 22.1-101.1, Code of Virginia. To the extent these funds are not adequate to cover the full costs specified therein, the Department is authorized to expend unobligated balances in this Item and Item 147 for this support.