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2014 SESSION
14100145DBe it enacted by the General Assembly of Virginia:
1. That §§ 22.1-277.04, 22.1-277.05, and 22.1-277.06 of the Code of Virginia are amended and reenacted as follows:
§ 22.1-277.04. Short-term suspension; procedures; readmission.
A pupil may be suspended for not more than ten 10 school
days by either the school principal, any assistant principal, or, in their
absence, any teacher. The principal, assistant principal, or teacher may
suspend the pupil after giving the pupil oral or written notice of the charges
against him and, if he denies them, an explanation of the facts as known to
school personnel and an opportunity to present his version of what occurred. In
the case of any pupil whose presence poses a continuing danger to persons or
property, or whose presence is an ongoing threat of disruption, the pupil may
be removed from school immediately and the notice, explanation of facts, and
opportunity to present his version shall be given as soon as practicable
thereafter.
Upon suspension of any pupil, the principal, assistant principal, or teacher responsible for such suspension shall report the facts of the case in writing to the division superintendent or his designee and the parent of the pupil suspended. The division superintendent or his designee shall review forthwith the action taken by the principal, assistant principal, or teacher upon a petition for such review by any party in interest and confirm or disapprove such action based on an examination of the record of the pupil's behavior.
The decision of the division superintendent or his designee
may be appealed to the school board or a committee thereof in accordance with
regulations of the school board; however, the
decision of the division superintendent or his designee shall be final if so
prescribed by school board regulations.
Such appeal shall be decided by the school board within 30 days.
The school board shall require that any oral or written notice
to the parent of a student who is suspended from school attendance for not more
than ten 10 days
include notification of the length of the suspension, information regarding the
availability of community-based educational programs, alternative education
programs or other educational options, and of the student's right to return to
regular school attendance upon the expiration of the suspension. The costs of
any community-based educational program, or alternative education program or
educational option, which is not a part of the educational program offered by
the school division, shall be borne by the parent of the student.
§ 22.1-277.05. Long-term suspensions; procedures; readmission.
A. A pupil may be suspended from attendance at school for more
than ten 10 days
after providing written notice to the pupil and his parent of the proposed
action and the reasons therefor and of the right to a hearing before the school
board, or a committee thereof, or the superintendent or his designee, in
accordance with regulations of the school board.
If the regulations provide for a hearing by the superintendent or his designee,
the The
regulations shall also
provide for an appeal of the decision of the committee of
the school board, or the superintendent or his designee, to
the full school board. Such appeal shall be decided by the school board within thirty 30 days.
If the regulations
provide for a hearing by a committee of the school board, the regulations shall
also provide that such committee may confirm or disapprove the suspension of a
student. Any such committee of the school board shall be composed of at least
three members. If the committee's decision is not unanimous, the pupil or his
parent may appeal the committee's decision to the full school board. Such
appeal shall be decided by the school board within thirty days.
B. A school board shall include in the written notice of a
suspension for more than ten 10 days required by this
section, notification of the length of the suspension. In the case of a
suspension for more than ten 10 days, such written notice
shall provide information concerning the availability of community-based
educational, alternative education, or intervention programs. Such notice shall
also state that the student is eligible to return to regular school attendance
upon the expiration of the suspension or to attend an appropriate alternative
education program approved by the school board during or upon the expiration of
the suspension. The costs of any community-based educational, alternative
education, or intervention program that is not a part of the educational
program offered by the school division that the student may attend during his
suspension shall be borne by the parent of the student.
Nothing in this section shall be construed to prohibit the school board from permitting or requiring students suspended pursuant to this section to attend an alternative education program provided by the school board for the term of such suspension.
§ 22.1-277.06. Expulsions; procedures; readmission.
A. Pupils may be expelled from attendance at school after written notice to the pupil and his parent of the proposed action and the reasons therefor and of the right to a hearing before the school board or a committee thereof in accordance with regulations of the school board.
If the regulations provide for a hearing by a committee of the
school board, the regulations shall also provide that
such committee may confirm or disapprove the expulsion of a student. Any such
committee of the school board shall be composed of at least three members. If
the committee's decision is not unanimous, the pupil or his parent may appeal
the committee's for an
appeal of the decision to the full
school board. Such appeal shall be decided
by the school board within 30 days.
The regulations shall
also provide for subsequent confirmation or disapproval of the proposed
expulsion by the school board, or a committee thereof, as may be provided in
regulation, regardless of whether the pupil exercised the right to a hearing.
B. The written notice required by this section shall include notification of the length of the expulsion and shall provide information to the parent of the student concerning the availability of community-based educational, training, and intervention programs. Such notice shall state further whether or not the student is eligible to return to regular school attendance, or to attend an appropriate alternative education program approved by the school board, or an adult education program offered by the school division, during or upon the expiration of the expulsion, and the terms or conditions of such readmission. The costs of any community-based educational, training, or intervention program that is not a part of the educational program offered by the school division that the student may attend during his expulsion shall be borne by the parent of the student.
Nothing in this section shall be construed to prohibit the school board from permitting or requiring students expelled pursuant to this section to attend an alternative education program provided by the school board for the term of such expulsion.
If the school board determines that the student is ineligible to return to regular school attendance or to attend during the expulsion an alternative education program or an adult education program in the school division, the written notice shall also advise the parent of such student that the student may petition the school board for readmission to be effective one calendar year from the date of his expulsion, and of the conditions, if any, under which readmission may be granted.
School boards shall establish, by regulation, a schedule pursuant to which such students may apply and reapply for readmission to school. Such schedule shall be designed to ensure that any initial petition for readmission will be reviewed by the school board or a committee thereof, or the division superintendent, and, if granted, would enable the student to resume school attendance one calendar year from the date of the expulsion. If the division superintendent or a committee of the school board denies such petition, the student may petition the school board for review of such denial.
C. Recommendations for expulsion for actions other than those specified in §§ 22.1-277.07 and 22.1-277.08 shall be based on consideration of the following factors:
1. The nature and seriousness of the violation;
2. The degree of danger to the school community;
3. The student's disciplinary history, including the seriousness and number of previous infractions;
4. The appropriateness and availability of an alternative education placement or program;
5. The student's age and grade level;
6. The results of any mental health, substance abuse, or special education assessments;
7. The student's attendance and academic records; and
8. Such other matters as he deems appropriate.
No decision to expel a student shall be reversed on the grounds that such factors were not considered.
Nothing in this subsection shall be deemed to preclude a school board from considering any of these factors as "special circumstances" for purposes of §§ 22.1-277.07 and 22.1-277.08.