STUDENTS
Criteria for Out-of-Zone/School Attendance Areas
A. The Virginia Beach School Board has established attendance and eligibility criteria, building utilization levels, attendance exceptions, and approval and appeal procedures and waivers for those students who request out-of-zone transfers or have been transferred to a school other than the students’ established attendance area. The following regulation identifies and explains these requirements. Unless otherwise specified in policy or regulation, a request for an out-of-zone attendance shall not be approved by the appropriate school official where a school exceeds its optimum building utilization level by ten (10%) percent or more.
B. It is a Class 4 Misdemeanor to knowingly make a false statement concerning the residence of a child in a particular school division or school attendance zone.
C. Transfer of Student as the Result of Crime
When a student has been the victim of any crime against the person (defined in Virginia Code 18.2-30 et seq.), and the crime was committed by a student in the school, a School Board employee, a volunteer, a contract worker or another person regularly performing services in the school, or the crime was committed on school property or a school bus owned or operated by the school division, such student shall be granted a transfer to a comparable school within the school division if available, upon the request of the parent or guardian, or the student, if he/she is an emancipated minor. Such request shall be made in writing to the Superintendent or designee. The student is required to provide safe and punctual transportation to and from the new school.
D. Last Year Options
E. Other Exceptions: Kindergarten through Grade 12
a. Physical, emotional or social adjustment difficulties as documented by a licensed professional.
b. Course offerings or programs of study required by the student that are not available at the designated home school. Any change of special education services must be made through the Individualized Education Program (IEP) process in conjunction with the Office of Programs for Exceptional Children.
c. Elementary or middle school student child care issues. The parent/guardian must demonstrate hardship in providing appropriate supervision for the child in the designated school area where the parent/guardian resides. Factors the division will consider include, but are not limited to, the age of the child, lack of child care providers in the designated school area, personal circumstances within the parent/guardian’s household (i.e. the parent/guardian work schedule, ability to pay for child care, among others), length of time child has been with child care provider, type of care situation (private home vs. day care center), any family relation to child care provider, advantages of the care to be provided in the requested area, and whether the provider will provide safe and punctual transportation to/from the requested school.
d. With the permission of the principal, a student changing residence within the city may complete the school year in the school in which he/she was in attendance, providing the parents provide transportation to and from school.
e. Educational reasons, exceptional hardship or other extenuating circumstances other than those set forth in School Board Policy 5-14 or above.
f. Children of Virginia Beach School Division Employees will be allowed to attend the school to which such parent or guardian reports or is their primary assignment upon approval of the school principal.
4. Appeal of Decision: Kindergarten through Grade 8a. Student Placement Request Form
The parent/legal guardian must complete a Student Placement Request Form, available in each school, on the school division’s website at www.vbschools.com, and from the Office of Student Leadership, and submit the request form and any required documentation to the principal of the receiving school.
b. Documentation
The parent/legal guardian must provide the following documentation with the Student Placement Request Form in order to have an out-of-zone request considered:
i. Verification of current address (ex. current water, electric or telephone bill); and
ii. Letter of verification from licensed professional detailing physical, emotional or social adjustment difficulties; or
iii. Verification from child care provider and information from parent/legal guardian addressing factors set forth in subsection E.2.c; or
iv. Verification from parent of change of residence (ex. housing contract or lease agreement); or
v. Documentation showing educational reasons, exceptional hardship or other extenuating circumstances; or
vi. Documentation of school division employment status and verification of parent’s reporting school or primary assignment.c. Principal Review
The principal of the receiving school shall review the Student Placement Request Form and necessary documentation to determine compliance with this regulation. In the event that the request pertains to a student with a disability, the principal shall consult with the Office of Programs for Exceptional Children before approving or denying such request. The principal of the receiving school may approve the out-of-zone request based upon space available or as defined in School Board Policy 5-14, Sections F-1 and F-2 and shall forward any approved request to the principal of the current or zoned school for signature. Parents will be notified in writing of the decision by the principal. The Office of Student Leadership will receive notification from the principal of any denied out-of-zone request.
d. A Student Placement Request Application will be annually accepted, reviewed and acted upon in the order in which it is received. Applications will be time and date stamped by the office of the principal upon receipt.
e. Length of Approval
Out-of-zone requests shall be approved for the current school year only. Parents/legal guardians must reapply to the principal of the receiving school each year for approval. In the event that there is no space available in a school, as defined in Subsection A. above or Policy 5-14 no out-of-zone requests shall be approved unless otherwise specified in this regulation. A submitted application is not to be interpreted as “approved” until official notification has been issued in writing by the appropriate school administration representative as explained in Policy 5-14 and in this Regulation.
f. Athletic Eligibility
Out-of-zone students must comply with all requirements for eligibility as prescribed by the Virginia High School League or Virginia Beach Middle School League.
A parent/legal guardian who disagrees with the denial of an out-of-zone request may file a written appeal with the Office of Student Leadership within five days of receipt of the decision, or the right to appeal the decision is waived.
A review of the decision will be conducted by the Coordinator of Student Services who will either uphold or deny the decision. The parent/legal guardian and the principal will be notified of the decision in writing.
The decision of the Coordinator of Student Services may be appealed in writing to the Director of Student Leadership, as the Superintendent’s designee, within five school days of the issuance of the decision of the Coordinator of Student Services, or the right to appeal is waived. The parent/guardian and principal will be notified of the decision in writing. The decision of the Director of Student Leadership is final.
5. High School Approval Process
a. Student Placement Request Form
The parent/legal guardian must complete a Student Placement Request Form, available in each school, on the school division’s website at www.vbschools.com, and from the Office of Student Leadership, and submit the request form and any required documentation to the Assistant Superintendent of High Schools.b. Documentation
The parent/legal guardian must provide the following documentation with the Student Placement Request Form in order to have an out-of-zone request considered:
i. Verification of current address must be from one or more of the following (ex. current water, electric, telephone bill or real estate closing documents); and
ii. Letter of verification from licensed professional detailing physical, emotional or social adjustment difficulties; or
iii. Verification from child care provider if applicable and information from parent/legal guardian addressing factors set forth in subsection E.2.c; or
iv. Verification from parent/legal guardian of change of residence (ex. housing contract or lease agreement); or
v. Documentation showing educational reasons, exceptional hardship or other extenuating circumstances.c. Assistant Superintendent of High Schools Review
The Assistant Superintendent of High Schools, as the Superintendent’s designee, shall review the Student Placement Request Form and necessary documentation to determine compliance with this regulation. In the event that the request pertains to a student with a disability, the Assistant Superintendent of High Schools, as the Superintendent’s designee, shall consult with the Office of Programs for Exceptional Children before approving or denying such request. Parents /legal guardians will be notified in writing of the decision by the Assistant Superintendent of High Schools or in the case of a student with a disability, by the Office of Programs for Exceptional Children. The decision of the Assistant Superintendent of High Schools, as the Superintendent’s designee, is final.
d. Length of Approval
Out-of-zone requests shall be approved for the current school year only. Parents/legal guardians must reapply to the Assistant Superintendent of High Schools each year for approval. A submitted application is not to be interpreted as “approved” until official notification has been issued in writing by the appropriate school administration representative as explained in Policy 5-14 and in this Regulation.
e. Athletic Eligibility
Out-of-zone students must comply with all requirements for eligibility as prescribed by the Virginia High School League.
6. Notification Process
The parent/legal guardian and principal will be notified of the decision in writing. The decision of the Assistant Superintendent of High Schools, as the Superintendent’s designee, is final.
7. Transportation
Parents must provide a safe and punctual method of transportation to and from the school.
8. Existing out-of-zone students
Students currently approved for an out-of-zone school will be required to fill out a Student Placement Request Form, provide necessary documentation, and continue to meet one of the exceptions outlined herein when their current school year has ended. All new requests for out-of-zone attendance shall be made in accordance with the procedures set forth in this regulation.
9. Revocation of approval
Approval of out-of-zone attendance can be revoked by the principal at any time with written notification to the parent/legal guardian. Reasons for revocation include, but are not limited to, overcrowding, poor attendance, habitual tardiness, failure to provide safe and punctual transportation, Code of Student Conduct violations or other discipline issues, failure to maintain passing grades and any action or behavior by the student or parent/legal guardian that is uncooperative, disruptive and/or interferes with the educational process.
10. Notification to Commercial Child Care Providers.
Once a school exceeds its optimum building utilization level by ten or more percent, the principal should notify any commercial child care center that has requested such notification in writing that the school can no longer approve out-of-zone requests for the duration of the school year.
11. Waiver Procedure.
As cited in School Board Policy 5-14, Section F-1, a waiver procedure will be established for out-of-zone students who are to be enrolled in special programs (i.e. year-round schools), administrative and discipline transfers, rising seniors currently attending school on an approved out-of-zone waiver, and those programs that are not available at other school sites. Waiver requests will be made by the school principal who will forward to the Superintendent or his designee through the approval process as stated in Regulation 5-14.1.
Legal Reference:
Code of Va. §22.1-3.3. Transfer of students under certain circumstances. Whenever any student has been the victim of any crime against the person pursuant to Chapter 4 ( § 18.2-30 et seq.) of Title 18.2, and such crime was committed by another student attending classes in the school, or by any employee of the school board, or by any volunteer, contract worker or other person who regularly performs services in the school, or if the crime was committed upon school property or on any school bus owned or operated by the school division, the student upon whom the crime was committed shall, upon written request from the student’s parent, or the student, if such student is an emancipated minor, be permitted by the relevant school board to transfer to another comparable school within the school division, if available. Any transportation services for such students shall be provided in accordance with school board policies.
For the purposes of this section, “victim” means any student who has been the victim of a crime against the person pursuant to Chapter 4 ( §18.2-30 et seq.) of Title 18.2, and who has suffered physical, psychological, or economic harm as a direct result of the commission of such crime.
Code of Va. §22.1-2.64.1
Approved by Superintendent: July 16, 1991
Revised by Superintendent: May 18, 1993
Revised by Superintendent: September 21, 1993 (Effective August 14, 1993)
Revised by Interim Superintendent: August 1, 1995
Revised by Superintendent: October 26, 1998
Revised by Superintendent: August 31, 1999
Revised by Superintendent: August 2, 2000
Amended by School Board: June 5, 2001
Revised by Superintendent: October 27, 2003
Revised by Superintendent: March 17, 2006