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1996 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 22.1-277.2 of the Code of Virginia is amended and reenacted as follows:
§ 22.1-277.2. Admission of expelled students; authority to exclude under certain circumstances.
A student, who has been expelled from attendance at school by a school board or
a private school in this Commonwealth or in another state for an offense in
violation of school board policies related to destruction of school property or
privately-owned property while located on school property, weapons, alcohol or
drugs, or for the willful infliction of injury to another person, may be
excluded from attendance by a local school board in Virginia, regardless of
whether such student has been admitted to another school division or private
school in the Commonwealth or in another state subsequent to such expulsion,
for no more than one school year upon a finding that the student
presents a danger to the other students or staff of the school division after
(i) written notice to the student and his parent, guardian, or other person
having control or charge that the student may be subject to exclusion, the
reasons therefor, and, in the event of such exclusion, of the right to appeal
the decision at a hearing before the school board or a committee thereof; and
(ii) a review of the case has been conducted by the division superintendent or
his designee and exclusion has been recommended. If the decision by the
superintendent or his designee has been appealed to a committee of the school
board, the student or his parent, guardian or other person having control or
charge shall be provided written notice of the right to appeal the decision to
the full board, which shall, within thirty days following any such hearing,
notify in writing, the student or his parent, guardian or other person having
control or charge of its decision. Upon the expiration of the exclusion period,
which shall not be more than one school year, the student may petition
the school board for admission. For the purposes of this section, "one
school year" shall mean no more than 180 teaching 365 calendar
days.