Authority: Discretionary Inclusion.

A. Out of the amounts for Governor's School Payments, the Board of Education shall provide assistance for the state share of the incremental cost of regular school year Governor's Schools, summer residential Governor's Schools, and Foreign Language Academies to be based on the greater of the composite index or fifty percent. Participating school divisions must certify that no tuition is assessed students for participation in this program.

B. It shall be the policy of the Commonwealth that state general fund appropriations not be used for capital outlay, structural improvements, renovations, or fixed equipment costs associated with initiation of existing or proposed magnet schools. State general fund appropriations may be used for the purchase of instructional equipment for such schools, subject to certification by the Superintendent of Public Instruction that at least an equal amount of funds has been committed by participating school divisions to such purchases.

C. The Board of Education shall not take any action that would increase the state's share of costs associated with the Governor's Schools. This provision shall not apply to the established planning and approval process by the Board for academic school year Governor's Schools in Northeastern Virginia, the Essex area, the Appomattox Governor's School of Technical and Creative Arts serving Southside Virginia, and a regional "virtual" academic school year Governor's School in Southwest Virginia. It is the intent of the General Assembly that any balance in the first year planning grant for the Essex area Governor's School, unexpended as of June 30, 1997, shall be reappropriated for the same use in the second year. No state funding shall be provided for the planning or implementation of new Governor's Schools. This provision shall not apply to Governor's Schools which received operating or planning funds in either year of the 1996-98 biennium.

D. Full funding for the operation of The Commonwealth Governor's School in Northeastern Virginia is contingent upon the provision of full Governor's School services and activities by September 30, 1997. Any delay in the provision of full Governor's School services and activities will result in a corresponding reduction in state funding for enrollment. To the extent that full services and activities are not provided by September 30, 1997, an amount not to exceed $100,000 from the unused enrollment funding may be allocated for final implementation. Funding is also contingent upon satisfaction of the Board of Education's requirements as set forth on January 9, 1997. However, the Board's requirement of approval received from the International Baccalaureate organization shall be met by the Commonwealth Governor's School applying to the International Baccalaureate Program in the first year of the School's operation, and the International Baccalaureate organization grants the School permission to offer International Baccalaureate courses that would result in qualified ninth graders in the class of 2000-2001 receiving the International Baccalaureate upon their graduation.