SEARCH SITE

VIRGINIA LAW PORTAL

SEARCHABLE DATABASES

ACROSS SESSIONS

Developed and maintained by the Division of Legislative Automated Systems.

1999 SESSION

  • | print version

HB 2405 Authority to make certain alternative education placements.

Introduced by: Robert D. Hull | all patrons    ...    notes | add to my profiles

SUMMARY AS PASSED: (all summaries)

Authority to make certain alternative education placements. Authorizes school boards to adopt regulations empowering the division superintendent or his designee to require certain students to attend alternative education programs after written notice to the student and his parent and notice of the opportunity for the student or his parent to participate in a hearing to be conducted by the division superintendent or his designee regarding such alternative education placement. The decision of the superintendent (or his designee) would be final unless altered by the school board, upon timely written petition by the student or his parent, for a review of the record by the school board. The affected students include those who have 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; (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 for weapons offenses or convictions or adjudications of delinquency related to certain serious crimes. This measure does not confer upon division superintendents the power to circumvent due process procedures afforded students in suspension and expulsion cases, but simply empowers them to determine alternative education placements in these particular instances.

The superintendent's designee must be a trained hearing officer or a professional employee within the administrative offices of the school division who reports directly to the division superintendent, and may not be a school-based instructional or administrative employee.

School boards currently may delegate to division superintendents or their designees the authority to exclude certain students from school attendance, subject to similar notice and hearing requirements.


FULL TEXT

AMENDMENTS

HISTORY