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2000 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 22.1-279.3 of the Code of Virginia is amended and reenacted as follows:
§ 22.1-279.3. Parental responsibility and involvement requirements.
A. Each parent of a student enrolled in a public school has a duty to assist the school in enforcing the standards of student conduct and attendance in order that education may be conducted in an atmosphere free of disruption and threat to persons or property, and supportive of individual rights.
B. A school board shall provide opportunities for parental and community involvement in every school in the school division.
C. Within one calendar month of the opening of school, each school board shall, simultaneously with any other materials customarily distributed at that time, send to the parents of each enrolled student (i) a notice of the requirements of this section and (ii) a copy of the school board's standards of student conduct. These materials shall include a notice to the parents that by signing the statement of receipt, parents shall not be deemed to waive, but to expressly reserve, their rights protected by the constitutions or laws of the United States or the Commonwealth and that a parent shall have the right to express disagreement with a school's or school division's policies or decisions.
Each parent of a student shall sign and return to the school in which the student is enrolled a statement acknowledging the receipt of the school board's standards of student conduct and the notice of the requirements of this section. Each school shall maintain records of such signed statements.
D. The school principal may request the student's parent or parents, if both parents have legal and physical custody of such student, to meet with the principal or his designee to review the school board's standards of student conduct and the parent's or parents' responsibility to participate with the school in disciplining the student and maintaining order, and to discuss improvement of the child's behavior and educational progress.
E. In accordance with § 22.1-277 and the guidelines required by § 22.1-278, the school principal may notify the parents of any student who violates a school board policy when such violation could result in the student's suspension, whether or not the school administration has imposed such disciplinary action. The notice shall state (i) the date and particulars of the violation; (ii) the obligation of the parent to take actions to assist the school in improving the student's behavior; and (iii) that, if the student is suspended, the parent may be required to accompany the student to meet with school officials.
F. No suspended student shall be admitted to the regular school program until such student and his parent have met with school officials to discuss improvement of the student's behavior, unless the school principal or his designee determines that readmission, without parent conference, is appropriate for the student.
G. Upon the failure of a parent to comply with the provisions of this section, the school board may, by petition to the juvenile and domestic relations court, proceed against such parent for willful and unreasonable refusal to participate in efforts to improve the student's behavior, as follows:
1. If the court finds that the parent has willfully and unreasonably failed to meet, pursuant to a request of the principal as set forth in subsection D of this section, to review the school board's standards of student conduct and the parent's responsibility to assist the school in disciplining the student and maintaining order, and to discuss improvement of the child's behavior and educational progress, it may order the parent to so meet; or
2. If the court finds that the a parent has willfully and unreasonably failed
to accompany a suspended student to meet with school officials pursuant to subsection F, or upon the
student's receiving a second suspension or being expelled, it may order (i) the
student or his parent, or both, to participate in such programs or such
treatment as the court deems appropriate to improve the student's behavior,
including participation in parenting counseling or a mentoring program, as
appropriate or (ii) the student or his parent, or both, to be subject to such
conditions and limitations as the court deems appropriate for the supervision, care, and
rehabilitation of the student or his parent. In addition, the court may order the parent to pay
a civil penalty not to exceed $500.
H. The civil penalties established pursuant to this section shall be
enforceable in the juvenile and domestic relations court in which the student's
school is located and shall be paid into a fund maintained by the appropriate
local governing body to support programs or treatments designed to improve the
behavior of students as described in subdivision 3 G 2 of subsection G. Upon
the failure to pay the civil penalties imposed by this section, the attorney for the appropriate county, city,
or town shall enforce the collection of such civil penalties.
I. All references in this section to the juvenile and domestic relations court shall be also deemed to mean any successor in interest of such court.