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1997 SESSION

971698260
HOUSE BILL NO. 1936
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the House Committee on Education
on January 24, 1997)
(Patron Prior to Substitute--Delegate Hall)
A BILL to amend and reenact §§ 22.1-277, 22.1-277.01, 22.1-277.1 and 22.1-277.2 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 22.1-277.02, relating to suspensions and expulsions.

Be it enacted by the General Assembly of Virginia:

1. That §§ 22.1-277, 22.1-277.01, 22.1-277.1 and 22.1-277.2 of the Code of Virginia are amended and reenacted and that the Code of Virginia is amended by adding a section numbered 22.1-277.02 as follows:

§ 22.1-277. Suspension and expulsion of pupils; generally.

A. Pupils may be suspended or expelled from attendance at school for sufficient cause.

B. A pupil may be suspended for not more than ten school days or less 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,. If the pupil denies the charges, the principal, assistant principal, or teacher shall give the pupil an explanation of the facts as known to school personnel and an opportunity to present his version of what occurred; provided that in. In the case of any pupil whose presence poses a continuing danger to persons or property, or whose presence poses 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 to him as soon as practicable thereafter.

C. Upon the 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 or person in loco parentis 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 act so as to shall 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.

D. A pupil may be suspended from attendance at school for more than ten days after providing written notice to the pupil and his parent(s) parent or guardian of the proposed action and the reasons therefor, and of the pupil's right to a hearing before the school board or a committee thereof or, if permitted by the regulations of the school board, the superintendent or his designee(s) designee. If the regulations provide for a hearing by a committee of the school board or by the superintendent or his designee(s) designee, the regulations shall also provide for an appeal of the decision to the full school board, which .Such appeal, if requested, shall be decided by the school board within thirty days.

C. E. Pupils may be expelled from attendance at school after written notice to the pupil and his parent or guardian 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 for an appeal of the committee's decision to the full school board, which. Such appeal, if requested, shall be decided by the school board within thirty days.

§ 22.1-277.01. Expulsion of students under certain circumstances; Board of Education designated agency; local school board application for assistance; reporting; exceptions.

A. In compliance with the federal Improving America's Schools Act of 1994 (Part F-"Gun-Free Schools Act of 1994"), a school board shall expel from school attendance for a period of not less than one year any student whom such school board has determined, in accordance with the procedures set forth in § 22.1-277, to have brought a firearm onto school property or to a school-sponsored activity as prohibited by § 18.2-308.1, or to have brought a firearm as defined in subsection D of this section on school property or to a school-sponsored activity. A school board may, however, determine, based on the facts of the particular case, that special circumstances exist and another disciplinary action or term of expulsion is appropriate.

B. The Board of Education is designated as the state education agency to carry out the provisions of the federal Improving America's Schools Act of 1994, and shall administer the funds to be appropriated to the Commonwealth under this act.

C. Each school board shall revise its standards of student conduct no later than three months after the date on which this act becomes effective. Local school boards requesting moneys apportioned to the Commonwealth through the federal Improving America's Schools Act of 1994 shall submit to the Department of Education an application requesting such assistance. Applications for assistance shall include:

1. Documentation that the local school board has adopted and implemented student conduct policies in compliance with this section;

2. A description of the circumstances pertaining to expulsions imposed under this section, including (i) the schools from which students were expelled under this section, (ii) the number of students expelled from each such school in the school division during the school year, and (iii) the types of firearms involved in the expulsions.

D. Upon the provision of adequate funds to provide sufficient spaces in local or regional alternative education programs, students who have been expelled from school attendance pursuant to this section shall be required by the local school board to attend the local or regional alternative education program serving the school division for the duration of such expulsion. This subsection shall not be construed to affect any school board's authority to require a student to attend an alternative education program.

D. E. As used in this section:

"Destructive device" means (i) any explosive, incendiary, or poison gas, bomb, grenade, rocket having a propellant charge of more than four ounces, missile having an explosive or incendiary charge of more than one-quarter ounce, mine, or other similar device; (ii) any weapon, except a shotgun or a shotgun shell generally recognized as particularly suitable for sporting purposes, by whatever name known which will, or may be readily converted to, expel a projectile by the action of an explosive or other propellant, and which has any barrel with a bore of more than one-half inch in diameter; and (iii) any combination of parts either designed or intended for use in converting any device into any destructive device described in this subsection and from which a destructive device may be readily assembled. "Destructive device" shall not include any device which is not designed or redesigned for use as a weapon, or any device originally designed for use as a weapon and which is redesigned for use as a signaling, pyrotechnic, line-throwing, safety, or other similar device.

"Firearm" means any weapon prohibited on school property or at a school-sponsored activity pursuant to § 18.2-308.1, or (i) any weapon, including a starter gun, which will, or is designed or may readily be converted to, expel a projectile by the action of an explosive; (ii) the frame or receiver of any such weapon; (iii) any firearm muffler or firearm silencer; or (iv) any destructive device.

"Local alternative education program" means an approved program (i) implemented and supported by a local school division to provide instruction for students who have been suspended for more than ten days, excluded or expelled from school attendance, or who have been released from a juvenile correctional center and (ii) located in a school division whose physical location or surrounding natural geographical terrain impedes participation in a regional alternative education program.

"One year" means 365 calendar days as required in federal regulations.

"Regional alternative education program" means a program supported and implemented by two or more school divisions, which are either geographically contiguous or which have a community of interest, to provide instruction for students who have been suspended for more than ten days, excluded or expelled from school attendance, or who have been released from a juvenile correctional center.

E. F. The exemptions set out in § 18.2-308 shall apply, mutatis mutandis, to the provisions of this section. The provisions of this section shall not apply to persons who possess such firearm or firearms as a part of the curriculum or other programs sponsored by the schools in the school division or any organization permitted by the school to use its premises or to any law-enforcement officer while engaged in his duties as such. In addition, this section shall not apply to possession of an unloaded firearm which is in a closed container in or upon a motor vehicle or an unloaded shotgun or rifle in a firearms rack in or upon a motor vehicle.

F. G. This section shall not be construed to diminish the authority of the Board of Education or the Governor concerning decisions on whether, or the extent to which, Virginia shall participate in the federal Improving America's Schools Act of 1994, or to diminish the Governor's authority to coordinate and provide policy direction on official communications between the Commonwealth and the United States government.

§ 22.1-277.02. Alternative education school attendance required for certain suspensions, exclusions and expulsions.

A. Upon the provision of adequate funds to provide sufficient spaces in local or regional alternative education programs, students who have been suspended for more than ten days, or excluded or expelled from school attendance, pursuant to §§ 22.1-277, 22.1-277.01, 22.1-277.1, or 22.1-277.2, shall be required by the local school board to attend the local or regional alternative education program serving the school division for the duration of such suspension, exclusion, or expulsion. This subsection shall not be construed to affect any school board's authority to require a student to attend an alternative education program.

B. As used in this section:

"Local alternative education program" means an approved program (i) implemented and supported by a local school division to provide instruction for students who have been suspended for more than ten days, excluded or expelled from school attendance, or who have been released from a juvenile correctional center and (ii) located in a school division whose physical location or surrounding natural geographical terrain impedes participation in a regional alternative education program.

"Regional alternative education program" means a program supported and implemented by two or more school divisions, which are either geographically contiguous or which have a community of interest, to provide instruction for students who have been suspended for more than ten days, excluded or expelled from school attendance, or who have been released from a juvenile correctional center.

§ 22.1-277.1. Disciplinary authority of school boards under certain circumstances.

A. A school board may, in accordance with the procedures set forth in § 22.1-277, require any student who has been (i) charged with an offense relating to the Commonwealth's laws, or with a violation of school board policies, on weapons, alcohol or drugs, or intentional injury to another person;, or (ii) found guilty or not innocent of a crime which resulted in or could have resulted in injury to others, or of a crime for which the disposition ordered by a court is required to be disclosed to the superintendent of the school division pursuant to § 16.1-305.1; or (iii) expelled pursuant to § 22.1-277.01, to attend an alternative education program, including, but not limited to, night school, adult education, or any other educational program designed to offer instruction to students for whom the regular program of instruction may be inappropriate. A school board may require such student to attend such programs regardless of where the crime occurred.

B. Upon the provision of adequate funds to provide sufficient spaces in local or regional alternative education programs, students who have been suspended for more than ten days or expelled for an offense set out in subsection A of this section, or who have been excluded from school attendance pursuant to § 22.1-277.2, or who have been expelled from school attendance pursuant to § 22.1-277.01, shall be required by the local school board to attend the local or regional alternative education program serving the school division for the duration of such suspension, exclusion, or expulsion. This subsection shall not be construed to affect any school board's authority to require a student to attend an alternative education program.

C. As used in this section, the term "charged" means that a petition or warrant has been filed or is pending against a pupil.:

"Charged" means that a petition or warrant has been filed or is pending against a pupil.

"Local alternative education program" means an approved program (i) implemented and supported by a local school division to provide instruction for students who have been suspended for more than ten days, excluded or expelled from school attendance, or who have been released from a juvenile correctional center (ii) and located in a school division whose physical location or surrounding natural geographical terrain impedes participation in a regional alternative education program.

"Regional alternative education program" means a program supported and implemented by two or more school divisions, which are either geographically contiguous or which have a community of interest, to provide instruction for students who have been suspended for more than ten days, excluded or expelled from school attendance, or who have been released from a juvenile correctional center.

§ 22.1-277.2. Admission of expelled students; authority to exclude under certain circumstances.

A. A student may be excluded from school attendance by a local school board in Virginia, who if he has been expelled from attendance at school by a school board, or a private school in this Commonwealth, or a public or private school in another state for an offense in violation of school board policies related to destruction of school property or privately-ownedprivately 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 school in another school division, or a private school in the Commonwealth, or a public or private school in another state subsequent to such expulsion, for no more than one year upon. Upon a finding by the school board that the student presents a danger to the other students or school division staff of the school division , such student may be excluded from attendance from school for no more than one year 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, and 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, . The board shall notify in writing the student and his parent of its decision 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 year, the student may petition the school board for admission.

B. Upon the provision of adequate funds to provide sufficient spaces in local or regional alternative education programs, students who have been excluded from school attendance in accordance with the provisions of this section shall be required by the local school board to attend the local or regional alternative education program serving the school division for the duration of such exclusion. This subsection shall not be construed to affect any school board's authority to require a student to attend an alternative education program.

C. As used in this section:

"Local alternative education program" means an approved program (i) implemented and supported by a local school division to provide instruction for students who have been suspended for more than ten days, excluded or expelled from school attendance, or who have been released from a juvenile correctional center (ii) and located in a school division whose physical location or surrounding natural geographical terrain impedes participation in a regional alternative education program.

For the purposes of this section, "one "One year" shall mean means 365 calendar days.

"Parent" means any person as defined in § 22.1-1.

"Regional alternative education program" means a program supported and implemented by two or more school divisions, which are either geographically contiguous or which have a community of interest, to provide instruction for students who have been suspended for more than ten days, excluded or expelled from school attendance, or who have been released from a juvenile correctional center.