Policies and Regulations

School Board of the City of Virginia Beach
Regulation 5-10.1

STUDENTS

Admission Requirements: General

A. Age/Residence

A person of school age who resides in Virginia Beach is eligible for admission on a non-tuition basis. A person of school age will be deemed to reside in the school division:

When the person is living with a natural parent, or a parent by legal adoption;
When the parents of such person are dead and the person is living with a person in loco parentis who actually resides within the school division;
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 school division and is either (i) the court appointed guardian or legal custodian of the person; or (ii) acting in loco parentis pursuant to placement of the person for adoption by a person authorized to do so under § 63.1-220.1;
When the person is living with a parent, guardian, or person in loco parentis in a temporary shelter in the school division, not solely for school purposes. Where a "temporary shelter" is (i) any home, single or multi unit dwelling or housing unit in which persons who are without housing or a fixed address receive temporary housing or shelter or (ii) any facility specifically designed or approved for the purpose of providing temporary housing or shelter to persons who are without permanent housing or a fixed address;
When the person is living in the school division, not solely for school purposes, as an emancipated minor; or
When the person is living with an individual, 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.

For the 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 school division; or (ii) the person lives in housing or temporary shelter located upon property that is partially situated within the division and the person or a sibling of the person residing in the same household has attended Virginia Beach City Public Schools prior to July 1, 1999.

Certain other students may be admitted into public schools of the division and may be charged tuition in accordance with section 22.1-5 of the Code of Virginia and pursuant to Policy 5-16, Nonresidents, Regulation 5-16.1, Tuition Students, and Regulation 5-16.2, Custody Students.

B. Additional Admissions Requirements

The student or his/her parent(s)/guardian(s) must present a certified copy of his/her birth certificate and the official state birth number will be recorded into the student’s scholastic record. If a certified copy of the student’s birth certificate cannot be obtained, the parent 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 certificate is not provided, local law enforcement shall be notified.
After enrolling a transfer student, the administration shall request documentation that a certified copy of the pupil’s birth certificate was presented when the student was enrolled in the former school.
Within ninety days of enrollment, a student must present a social security number.

Editor’s Note

See Division Regulation 5-10.2 for division’s policy on transfer students see for requirement that social security number be presented.

C. Suspended or Expelled Students

Upon registration and prior to admission to the division, the parent, guardian, or other person having control or charge of the child shall provide 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 another state. The registration document shall be maintained as a part of the student’s scholastic record.
A student who has been expelled or suspended for more than thirty days from attendance at school by a school board or a private school in Virginia or in another state or for whom admission has been withdrawn by a private school in Virginia or another may be excluded from attendance in the division, 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 the school division after (i) written notice to the student and his/her 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 regarding such exclusion; and (ii) a hearing of the case has been conducted by a hearing officer designated by the Superintendent; a decision to exclude the student shall be final unless altered by a committee of the School Board. The student may file a written petition for a review of the decision of the hearing officer by a Discipline Committee of the School Board with the Director, Office of Student Leadership within five (5) days of notice of the decision. The Discipline Committee will hear the case within thirty (30) calendar days of the date of the petition. The Discipline Committee may uphold or alter the decision of the hearing officer.

a. Suspension:

In the case of a suspension of more than thirty (30) days, the term of the exclusion may not exceed the duration of such suspension. In excluding any such student from school attendance, the excluding School Board may accept or waive any or all of any conditions for readmission imposed upon such student by the expelling School Board. The School Board shall not impose additional conditions for readmission to school.

b. Expulsion or Withdrawal of Admission:

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 Superintendent or his designee, as the case may be at the relevant hearing, the student may petition the School Board to be admitted after one calendar year from the date of expulsion or withdrawal of admission.
The School Board may permit students excluded pursuant to this regulation to attend an alternative education program provided by the School Board for the term of such exclusion.
This policy does not preclude contractual arrangements between the School Board and agencies of the federal government or the School Board of another jurisdiction to permit students not otherwise eligible to attend Public Schools.

D. Physical Examination

A physical examination is required before any child is admitted for the first time to a public kindergarten or to a public elementary school in Virginia. The examination must have been completed not more than twelve months prior to the initial school enrollment.
Transfer students from outside the division will submit a report documenting a comprehensive physical examination.

A physical examination is not required of any child whose parent or guardian objects on religious grounds and who shows no visual evidence of sickness provided that such parent or guardian states in writing that, to the best of his/her knowledge, the child is in good health and free from any communicable or contagious disease.

E. Immunizations

Each child entering kindergarten for the first time must show an appropriately completed MCH 213D signed by a physician or a designee or an official of the local health department, indicating the child has received the appropriate immunizations. The registered (school) nurse may also verify and transcribe onto the MCH 213D, the completed listing of immunizations.

a. DPT – A minimum of three doses, with at least one dose administered after the child’s fourth birthday.

b. POLIO – A minimum of three doses, with at least one dose administered after the student’s fourth birthday. If four (or more) have been administered before the fourth birthday, no more are required for school entry.

c. MEASLES
Rubella – A minimum of one dose administered at age 12 months or older, usually in combination with rubeola and mumps – MMR.

Rubeola (Measles) – Two doses of rubeola vaccine are required for all students enrolled in kindergarten through grade 12. The first does must have been at age 12 months or older, the second dose no sooner than one month after the first dose.

d. MUMPS – A minimum of one dose administered at age 12 months or older.

e. HEPATITIS B – The series of three vaccines is required of all students born on or after January 1, 1994. As of July 1, 2001, the Hepatitis B series is also required of all students eligible for sixth grade – prior to entry.

f. VARICELLA (Chicken Pox) – This vaccine is required of all students born on or after January 1, 1997 and must have been administered on or after the twelve month birthday unless the medical history and lab tests officially document this student having had the disease.

A student whose immunizations are incomplete may be admitted conditionally, if the student provides documentary proof at the time of enrollment of having received at least one dose of the required immunization(s) accompanied by a schedule for completion of the remaining required dosage(s). At the time of enrollment, ALL immunizations must be as current and as up-to-date as possible. Enrollment and attendance can be delayed if compliance with this requirement is not met.
Immunization is not required under the following conditions:

a. The parent or guardian submits a school division certificate of religious exemption, a written statement that the requirements are contrary to religious tenants or practices, unless an emergency or epidemic of disease has been declared.

b. A written statement is provided from a physician that, in his professional judgment, all or part of the immunization requirements are contraindicated.

F. Enrollment of Certain Children Placed in Foster Care

If the student is in foster care and the social services agency is unable to produce the required documents for enrollment, the student must be immediately enrolled in school.
The parent/guardian enrolling the student must provide a written statement which indicates the student’s age, discipline, and health status.
The enrolling school will immediately contact the school last attended by the child to obtain student academic and other records.
If a student is in foster care and enrolls in another school or school division, the sending school must immediately transfer the scholastic record of the student to the receiving school.

Legal Reference:

Code of Va. § 22.1-1. System of public schools; general provisions; definitions.

Code of Va. § 22.1-255. Nonresident children.

Code of Va. § 22.1-260. Report of children enrolled and not enrolled.

Code of Va. § 22.1-271.2. Immunization Requirements.

Code of Va. § 22.1-277. Short-term and long-term suspension, and expulsion of pupils; generally.

Code of Va. § 22.1-277.06. Expulsions; procedures; readmission

Code of Va. § 22.1-277.2. Admission of expelled students; authority to exclude under certain circumstances.

Code of Va. § 22.1-3. Persons to who public schools shall be free.

Code of Va. § 22.1-3.1. Birth certificates required upon admission; required notice to the local law enforcement agency

Code of Va. § 22.1-3.4. Enrollment of certain children placed in foster care.

Code of Va. § 22.1-5. Regulations concerning admission of certain persons to schools; tuition charges.

Code of Va. § 32.1-46. Immunization of children against certain diseases; authority to share immunization records.

Health Services Manual, Virginia Beach City Public Schools, Section 13.

Approved by Superintendent: July 16, 1993
Revised by Superintendent: September 21, 1993 (Effective August 14, 1993)
Revised by Superintendent: May 17, 2000
Amended by School Board: August 21, 2001
Revised by Superintendent: March 27, 2003
Revised by Superintendent: March 17, 2006