Be it enacted by the General Assembly of Virginia:

1. That §22.1-27.3 of the Code of Virginia is amended and reenacted and that the Code of Virginia is amended by adding in Chapter 1 of Title 22.1 a section numbered 22.1-7.2 as follows:

§22.1-7.2. Alternative enrollment policy; schools accredited with warning for three consecutive years or denied accreditation.

A. Notwithstanding subdivision A 2 of §22.1-5 and subdivision A 4 of § 22.1-79, the Board shall establish and implement a policy to allow any student assigned to a school accredited with warning for three consecutive years or denied accreditation to enroll in the same grade level at another school in the school division that is fully accredited or accredited with warning for fewer than three consecutive years and does not exceed its enrollment capacity, as determined by school building size and available space, upon the request of a parent or guardian. In developing such policy, the Board shall include the following conditions and limitations:

1. An application process whereby a parent or guardian indicates a school preference for purposes of his child's attending a school outside of the attendance area in which the child resides;

2. A requirement that the parent or guardian ensures that transportation is provided for the student attending a school other than his assigned school;

3. A requirement that a student be disqualified from attending a school other than his assigned school if he has been subject to a disciplinary action specified by the Board;

4. A prohibition on the recruitment of a student from one school to another by a school division employee or independent contractor;

5. A random, unbiased selection process in the event that enrollment requests exceed the capacity of a school, as determined by school building size and available space; and

6. A requirement that a student be permitted to remain at the receiving school until the student has completed the highest grade level in the school.

B. A copy of the Board's policies shall be posted on its website and shall be available to the public upon request.

§22.1-27.3. Student attendance.

Students enrolled in any school under the supervision of the Institution shall continue to attend the school, but nothing in this section shall abridge the ability of a parent or guardian to apply for his child to attend another school in the school division of residence pursuant to §22.1-7.2 or if that school division has established and implemented policies to provide for the open enrollment to any school of any student residing within the school division pursuant to §22.1-7.1.