1. Age. A person of school age (i.e., a person who will have reached his fifth birthday on or before September 30 of the school year and who has not reached 20 years of age on or before August 1 of the school year) is eligible for admission on a non-tuition basis if residing in the city of Poquoson.
2. Residence. A person of school age shall be deemed to reside within the boundaries of the Poquoson city public school division:
a. when the person is living with a natural parent, or a parent by legal adoption in the Poquoson city school division;
b. when the person is living with an individual who is defined as a parent in Virginia Code § 22.1-1, not solely for school purposes, pursuant to a Special Power of Attorney executed under Title 10, United States Code § 1044b, by the custodial parent while such custodial parent is deployed outside the United States as a member of the Virginia National Guard or as a member of the United States Armed Forces;
c. when the parents of such person are deceased and the person is living with a person in loco parentis who actually resides within the city of Poquoson;
d. when the parents of such person are unable to care for the person and the person is living, not solely for school purposes, with another person who resides in the city of Poquoson and is either (i) the court-appointed guardian or has legal custody of the person, or (ii) acting in loco parentis pursuant to placement of the person for adoption by a person or entity authorized to do so under Virginia Code § 63.1-219.8;
e. when the person is living with a parent, guardian or person in loco parentis in a temporary shelter (as defined by Virginia Code § 22.1-3) in the city of Poquoson not solely for school purposes;
f. when the person is living in the city of Poquoson not solely for school purposes as an emancipated minor; or
g. when the person lacks a fixed, regular, and adequate nighttime residence and has a primary nighttime residence located within the school division that is:
1. a supervised publicly or privately operated shelter designed to provide temporary living accommodations, including welfare hotels, congregate shelters, and transitional housing for the mentally ill;
2. an institution that provides a temporary residence for individuals intended to be institutionalized; or
3. a public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings; or
h. when the person has been placed in a foster care placement within the school division by a local social services agency. No person of school age who is the subject of a foster care placement will be charged tuition regardless of whether the child is attending the school in which he was enrolled prior to the most recent foster care placement or is attending a school in the receiving school division.
For purposes of this policy, a person meeting any of the above requirements shall be deemed to reside in the school division if (i) the person lives in housing or temporary shelter that is wholly or partially situated within the Poquoson city public school division; or (ii) the person lives in housing or temporary shelter located upon property that is partially situated within the Poquoson city public school division and the person or sibling of the person residing in the same household has attended Poquoson City Public Schools prior to July 1, 1999.
3. Birth Certificate. The student must present a certified copy of his birth certificate. The principal or his designee shall record the official state birth number from the pupil’s birth record into the pupil’s permanent school record. If a certified copy of the student’s birth certificate cannot be obtained, the person enrolling the student must submit an affidavit giving the student’s age and explaining the inability to present a certified copy of the birth record. If a certified copy of the birth record is not provided, the school principal or his/her designee shall immediately notify the local law enforcement agency as required by Virginia Code § 22.1-3.1(B). The notice shall include copies of the submitted proof of the pupil’s age and identity and the affidavit explaining the inability to produce a certified copy of the birth record. (Within fourteen days after enrolling a transfer student, the administration shall request documentation that a certified copy of the pupil’s birth record was presented when the pupil was initially enrolled in the former school.)
4. Student Identification Number. The School Board shall assign a unique student identification number to each student enrolled in a public elementary or secondary school. No student identification number shall include or be derived from the student's federal social security number. Each student shall retain his student identification number for as long as he ir enrolled in a public elementary or secodary school in the Commonwealth.
5. Immunizations. Persons who are admitted to Poquoson City Public Schools shall comply with state immunization requirements. See Regulation 7-2.2A.
6. Preschool Physical Examinations. Prior to being admitted to public kindergarten or elementary school for the first time, the student must present proof of a preschool physical examination as required by Virginia Code § 22.1-270. See Regulation 7-2.2A.
7. Exclusions Based on Certain Health Conditions. Students who have communicable diseases or blood borne contagious or infectious diseases shall be excluded as described in Policies 7-5.3 and 7-5.4.
8. Statements Regarding Discipline and Criminal Adjudication. Prior to a student’s admission in Poquoson City Public Schools, the parent, guardian, or other person having control or charge of the child of school age shall provide, upon registration:
(a) a sworn statement or affirmation indicating whether the student has been expelled from school attendance at a private school or in a public school division of the Commonwealth or in another state for an offense in violation of school board policies relating to weapons, alcohol or drugs or for the willful infliction of injury to another person. This document shall be maintained as a part of the student’s scholastic record; and
(b) a sworn statement or affirmation indicating whether the student has been found guilty of or adjudicated delinquent for any offense listed in subsection G of Virginia Code § 16.1-260 or any substantially similar offense under the laws of any state, the District of Columbia, or the United States or its territories. This document shall be maintained as provided in Virginia Code § 22.1-288.2.
When a child is registered as a result of a foster care placement, the information required herein shall be furnished by the local social services agency or licensed child-placing agency that made the foster care placement.
A student who has been expelled or suspended for more than 30 days from attendance at school by a school board or a private school in Virginia or another state or for whom admission has been withdrawn by a private school in Virginia or another state may be excluded from attendance in Poquoson City Public Schools, regardless of whether such student has been admitted to another school division or private school in Virginia or in another state subsequent to such expulsion, suspension, or withdrawal of admission, upon a finding that the student presents a danger to the other students or staff of Poquoson City Public Schools after (i) written notice to the student and his parent that the student may be subject to exclusion, including the reasons therefore, and notice of the opportunity for the student or his parent to participate in a hearing to be conducted by the division superintendent or his/her designee regarding such exclusion, and (ii) review of the case has been conducted by the division superintendent or his/her designee and the decision has been to exclude the student from attendance. The decision of the division superintendent or his/her designee to exclude the student shall be final unless altered by the School Board, upon timely written petition, as established in this policy, of the student so excluded or his parent, for a review of the record by the School Board. The student or his/her parent may file a written petition with the Poquoson City School Board within fifteen (15) days of notice of the decision. If the School Board grants a review of the record, the decision of the division superintendent or his/her designee may be altered
In the case of a suspension for more than thirty (30) days, the term of the exclusion may not exceed the duration of such suspension.
In excluding any expelled student from school attendance, the School Board may accept or waive any or all of any conditions for readmission imposed upon such student by the expelling school board, but may not impose additional conditions for readmission to school.
Upon the expiration of the exclusion period for an expulsion or a withdrawal of admission, which period shall be established by the School Board, committee thereof, or division superintendent or his/her designee, as the case may be, at the relevant hearing the student may re-petition the School Board for admission. If the petition for admission is rejected, the School Board shall identify the length of the continuing exclusion period and the subsequent date upon which such student may re-petition the School Board for admission.
The School Board may permit students excluded pursuant to this policy to attend an alternative education program provided by the School Board for the term of such exclusion.
Admission of Homeless Children
The Poquoson City School Board is committed to educating homeless children and youth. Attendance in the Poquoson city school division is free to school-age persons living with a parent, guardian, or person in loco parentis in a temporary shelter in the school division, not solely for school purposes. The school division will coordinate the identification and provision of services to homeless students with relevant local social services agencies and other agencies and programs providing services to such students, and with other school divisions as may be necessary to resolve inter-divisional issues.
The division superintendent or his/her designee shall develop guidelines for contacting shelter agencies, ministerial associations, and other community service providers to identify homeless children within the school division. Such children shall be provided with educational services, including specialized services to meet their needs, as determined and directed by the division superintendent or his/her designee and in accordance with state and federal law.
Admission of Nonpublic Students for Part-Time Enrollment: Prohibition
Private and home-schooled students shall not be permitted to enroll part-time or to participate in academic or extracurricular activities in the Poquoson City Public Schools.
Generally, the Poquoson City School Board does not accept children from outside the city of Poquoson on a tuition basis. However, the School Board will accept the following students from outside Poquoson under the identified conditions:
(1) The children of full-time Poquoson City School Board employees may be admitted tuition-free if space is available. Transportation to and from school shall be the responsibility of the student, parent or guardian except that students may ride regularly scheduled school buses operating within the city of Poquoson.(2) A student who begins the school year as a bona-fide resident of Poquoson and who is enrolled in Poquoson City Public Schools as of November 1, but who subsequently moves from the city may, upon approval of the division superintendent, complete the school year in Poquoson City Public Schools in accordance with the following conditions:
(a) The student shall have been enrolled in the Poquoson City Public Schools the previous year.
(b) The student shall not be enrolled in programs outside of Poquoson for which the school division is paying tuition. (c) The School Board shall charge tuition for the second semester for those students who move from Poquoson during the first semester and elect to remain in the Poquoson City Public Schools. The amount of tuition shall be the local per pupil cost established by the School Board pro-rated for the number of days in the second semester. Tuition will be waived for those students who meet the federal free lunch eligibility criteria and upon application to the division superintendent.
(d) Transportation to and from school shall be the responsibility of the student, parent, or guardian except that students may ride regularly scheduled school buses operating within the city of Poquoson.
(3) Students who have begun the school year in grades eleven or twelve as bona-fide residents of the city of Poquoson and who subsequently move from the city may complete their education in Poquoson City Public Schools in accordance with the conditions listed in (2)(a)-(d), above, and upon payment of the established tuition for all complete semesters during which the student is not a bona-fide resident of the city of Poquoson.
Tuition for eligible students will be based on local cost and shall be set by the division superintendent or his/her designee for each academic year. Students will be enrolled once tuition is paid by the due date of each semester or when other payment arrangements have been made through the executive director of business and finance. Tuition paid with the application will not be refunded if the application is approved and the student does not enroll. If the division superintendent or his/her designee does not approve an application to attend Poquoson City Public Schools, the tuition will be refunded. Students who are enrolled, but whose parents move out of the city of Poquoson and thus become non-residents during the second semester will be allowed to complete the current school year without paying tuition.
No person of school age shall be denied admission or charged tuition when (i) such person’s custodial parent has been deployed outside the United States as a member of the Virginia National Guard or as a member of the United States Armed Forces; (ii) such person’s custodial parent has executed a Special Power of Attorney under Title 10, United States Code § 1044b providing for the care of the person of school age by an individual who is defined as a parent in Virginia Code § 22.1-1 during the time of his deployment outside the United States; and (iii) such person has been attending a public school in this Commonwealth while residing with his custodial parent. The person of school age shall be allowed to attend a school in the school division in which the individual providing for his care, pursuant to the Special Power of Attorney under Title 10, United States Code § 1044b, resides or, when practicable, to continue to attend the school in which he was enrolled while residing with his custodial parent.
In the interest of providing educational continuity to the children of military personnel, no child of a person on active military duty attending a public school free of charge in accordance with applicable law shall be charged tuition by the School Board upon the child’s relocation to military housing located in the city of Poquoson, pursuant to orders received by such child’s parent to relocate to base housing and forfeit his military housing allowance. If the child was attending Poquoson City Public Schools immediately prior to the relocation, the student shall be allowed to attend the Poquoson city school and shall not be charged tuition for attending such school. Such children shall be counted in the average daily membership of the school division in which they are enrolled. Further, the school division in which such children are enrolled subsequent to their relocation to base housing shall not be responsible for providing for their transportation to and from school.
Proof of Residence
A resident is defined as one who resides permanently in the city of Poquoson. Proof of residence shall include, but not be limited to, two or more of the following which reflect the physical address of the resident: a U.S. or Virginia income tax return from the previous year, a U.S. Internal Revenue Service tax reporting W-2 form from the current year, a deed or lease agreement to the residence, a voter registration card, a receipt for personal property taxes paid within the last year, a payroll check or payroll check stub issued by an employer within the last three months, or a telephone bill issued within the last three months. Final decisions regarding residence for school attendance purposes shall be made by the division superintendent or his/her designee.
Any person who knowingly makes a false statement concerning the residency of a child in a particular school district or school attendance zone, for the purpose of (1) avoiding the tuition charges authorized by applicable law or (2) enrollment in a school outside the attendance zone in which the student resides, may be guilty of a Class 4 misdemeanor and shall be liable to the School Board for tuition charges authorized by applicable law for the time the student was enrolled in the Poquoson City Public Schools, pursuant to Virginia Code § 22.1-264.1.
Full-Time School Employees
Children of full-time Poquoson City School Board employees residing outside of the city of Poquoson will be allowed to enroll their children in the Poquoson City Public Schools free of charge on a space available, first come, first served basis.
State Welfare or Institutionalized Students and Students Placed in Foster Care
Welfare or institutionalized students assigned to the city of Poquoson by a state agency serving as custodian of these children shall be permitted to enroll and attend Poquoson City Public Schools without being charged tuition.
Whenever a student has been placed in foster care by a local social services agency and the placing social services agency is unable to produce any of the documents required for enrollment, the student shall immediately be enrolled; however, the person enrolling the student shall provide a written statement that, to the best of his or her knowledge, sets forth (1) the student’s age, (2) compliance with requirements of Virginia Code § 22.1-3.2 (related to the notice of the student’s school status as a condition of admission), and (3) that the student is in good health and is free from communicable or contagious disease.
The sending school division and the Poquoson City Public Schools shall cooperate in facilitating the enrollment of any child placed in foster care across jurisdictional lines for the purpose of enhancing continuity of instruction. The sending school division and Poquoson City Public Schools may agree to allow the child to continue to attend the school in which the student was enrolled prior to the most recent foster care placement, upon the agreement of the placing social services agency that such attendance is in the best interest of the child. While a receiving school division and a sending school division, as those terms are defined in Virginia Code § 22.1-3.4, may enter into financial arrangements contemplated by that statute, under no circumstances shall a child placed in foster care be charged tuition regardless of whether such child is attending the school in which he was enrolled prior to the most recent foster care placement or attending a school in the Poquoson city school division.
Upon receiving notice of a foster care placement of a student across jurisdictional lines, the sending school division and the Poquoson city school division shall expedite the transfer of the scholastic record of the student. Within seventy-two (72) hours of placing a child of school age in a foster care placement, the local social services agency making such placement is required by applicable law, in writing to (1) notify the principal of the school in which the student is to be enrolled and the superintendent of the relevant school division or his or her designee of such placement, and (2) inform the principal of the status of parental rights. If the documents required for enrollment of the foster care child pursuant to applicable law are not immediately available upon taking the child into custody, the placing social services agency shall obtain and produce or otherwise ensure compliance with such requirements for the foster care child within thirty (30) days after he child’s enrollment.
Tuition charges shall be waived for exchange students whose school admission has been recommended by the school principal of the school in which the exchange student will be enrolled and the division superintendent or his/her designee.
Transportation services shall not be furnished to nonresident students except in those cases where:
1. the School Board has entered an agreement regarding such services with another Virginia school division;
2. federal or state legislation mandates the provision of transportation services; or
3. transportation services can be provided at no cost to the Poquoson City Public Schools, and a request for such services is approved by the division superintendent or his/her designee.
LEGAL REFERENCE: Code of Virginia, 1950, as amended, §§ 22.1-1, 22.1-3, 22.1-3.1, 22.1-3.2, 22.1-3.4, 22.1-5, 22.1-70, 22.1-78, 22.1-79, 22.1-199, 22.1-253.13:1, 22.1-254, 22.1-255, 22.1-260, 22.1-270, 22.1-271.1, 22.1-271.2, 22.1-271.4, 22.1-272, 22.1-276.01, 22.1-277, 22.1-277.2, 32.1-43, 32.1-46, 32.1-48, 63.2-900 and 63.2-1200; Public Law 104-208, Illegal Immigrations Reform and Immigrant Responsibility Act of 1996, § 625; Steward B. McKinney Homeless Assistance Act, Subtitle VII-B (P.L. 101-645); Superintendent’s Memo No. 64 (Dec. 5, 2003).
Adopted: November 2002
Revised: July 2003, July 2004, July 2005, August 2006, July 2009