Adult, Dislocated Worker, and Youth Activities

The Virginia Department of Education defines “attending school” or “not attending school” under compulsory attendance requirement defined in the Code of Virginia. Neither the Code of Virginia nor the Virginia Department of Education defines “attending school” or “not attending school.” However, the following guidelines from Superintendent’s Memo 187-15 describes compulsory attendance requirements. For more detailed information, please refer to the document, § 22.1-254. Compulsory attendance required; excuses and waivers; alternative education program attendance; exemptions from article. https://law.lis.virginia.gov/vacode/title22.1/chapter14/section22.1-254/  In addition, consult 8VAC20-81-10 for information on age of eligibility for children with disabilities. http://www.doe.virginia.gov/testing/participation/guidelines-for-assessment-participation.pdf

For WIOA purposes as specified in Section 129(a)(1)(B)(i) and Section 129(a)(1)(C)(i), attending school applies to secondary and postsecondary school, and individuals who are participating in local K-12 school run dropout prevention programs. Job Corps and YouthBuild are not considered to be attending school.

Section 22.1-254 of the Code of Virginia (the compulsory attendance law) states that “every parent, guardian, or other person in the Commonwealth having control or charge of any child who will have reached the fifth birthday on or before September 30 of any school year and who has not passed the eighteenth birthday shall, during the period of each year the public schools are in session and for the same number of days and hours per day as the public schools, send such child to a public school or to a private, denominational, or parochial school or have such child taught by a tutor or teacher of qualifications prescribed by the Board of Education and approved by the division superintendent, or provide for home instruction of such child as described in § 22.1-254.1…”  https://law.lis.virginia.gov/vacode/title22.1/chapter14/section22.1-254/

Section 22.1-1 of the Code of Virginia defines a person of school age to mean a person who will have reached his fifth birthday on or before September 30 of the school year and who has not reached twenty years of age on or before August 1 of the school year. Section § 22.1-3 Persons to whom public schools shall be free provides that “[t]he public schools in each school division shall be free to each person of school age who resides within the school division….”

Generally, students transferring from high schools in other countries who are 18 and 19 should be counseled on all options. However, they are still eligible for enrollment as a person of school age as provided in the Code unless they have a comparable diploma from a high school located in a foreign country. If a receiving school division has questions about a student’s diploma or transcript, the receiving school division should research the issues to determine what kind of diploma the child has. In addition, foreign students with special education needs may be eligible for special education and related services through age 21 if they have not graduated with a comparable diploma from a high school located in a foreign country. If a limited English proficient student is enrolled in a Virginia public school and turns 22 during the school year, that student may continue through the end of that school year.

Revisions have been made to incorporate this state guidance into existing eligibility policy documents. See VWL 15-02, Attachment C, WIOA Youth eligibility: https://virginiacareerworks.com/wp-content/uploads/postVWL-15-02-WIOA-Youth-Eligibility-Attachment-C-UPDATED-10-27-2015.docx.pdf