School Board of the City of Virginia Beach
Policy 5-16

STUDENTS

Nonresidents

A. Generally

The School Board will not admit students from outside its jurisdiction except as required by law. Tuition fees for nonresident students required to pay tuition will be approved annually by the School Board.

B. Exceptions

1. Persons of school age attending school in the division who were enrolled as nonresident, tuition paying students prior to the date of this policy change.
   
   
2. Non-tuition State Welfare or Institutionalized Students.

The following students, whether disabled or not, shall be allowed to enroll and attend school without tuition charges:

1. Children placed in foster care or other custodial care within the geographical boundaries of the school division by a Virginia agency;
   
   
2. Children placed within the geographical boundaries of the school division in an orphanage or children's home which exercises legal guardianship rights; or
   
   
3. Children who are residents of Virginia who have been placed, not solely for school purposes, in a child-caring institution or group home licensed under the provisions of Virginia Code §63.2-1700 et seq, as amended.
   
   
4. Students whose 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; and such person’s custodial parent has executed a Special Power of Attorney under Title §10, United States
   Code §1044 b 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.
   

3. Tuition Welfare or Institutional Students

The following students, whether disabled or not, shall be allowed to enroll and attend school provided tuition is paid by the sending agency or person;

Children placed by an out-of-state agency or a person, who is the resident of another state, in foster care, other custodial care, or in a child-caring institution or group home licensed under the provisions of Virginia Code §63.2-1700 et seq, as amended and located within the geographical boundaries of the school division.

4. Persons of school age who reside on a military or naval reservation located wholly or partly within the geographical boundaries of the school division. No tuition shall be charged.
   
   
5. Persons of school age attending school in the division pursuant to a foreign student exchange program approved by the school board. No tuition shall be charged.
   
   
6. Persons of school age whose parents or guardians are employees of the division, provided classroom space is available. Tuition will be charged in accordance with School Board Policy 3-22.
   
   
7. Out of district students, attending school in the division pursuant to a cooperative agreement with regional school divisions to allow students in certain identified neighborhoods to attend school in Virginia Beach as long as the cooperating regional school division provides for the tuition to Virginia Beach.

C. Nonresidents

Students of school age who are temporarily residing with relatives or other persons but whose parents are not residents of the division may not attend the division’s schools.

D. Residents

The following students are considered residents of the school division under Virginia law and as such may attend the division's schools without the payment of tuition;

Students of school age living with a natural parent, a parent by legal adoption, or when the parents of such student are dead, a person in loco parentis, who actually resides in the school division, or when the parents of such student are unable to care for the student and the student is living not solely for school purposes, with another person who resides in the school division and is the court appointed guardian or has legal custody of the student or when the student is an emancipated minor living in the school division not solely for school purposes. The burden of establishing and/or providing proof of the student’s residence is the responsibility of the parent or guardian. Bona fide residence is one’s actual residence, maintained in good faith, and does not include superficial residence established for the purpose of free school attendance. If it is determined that a student is fraudulently enrolled in Virginia Beach City Public Schools, the student shall be withdrawn, and the parent or legal guardian shall be liable for tuition for the entire time of the fraudulent enrollment.

Editor's Notes:

For tuition fees see School Board Policy 3-22.
For grade placement see School Board Policy 5-25.

Legal Reference:

Code of Va. § 22.1-3, as amended, Persons to whom public schools shall be free.

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

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

Code of Va. § 22.1 101.1. Increase of funds for certain nonresident students; how increase computed and paid; billing of out of state placing agencies or persons.

Code of Va. § 22.1 255. Nonresident children.

Adopted by School Board: June 15, 1993 (Effective August 14, 1993)
Amended by School Board: April 18, 1995
Amended by School Board: June 5, 2001
Amended by School Board: April 4, 2006
Amended by School Board: November 20, 2007