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1994 SESSION

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LD5145424
HOUSE BILL NO. 730 AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by the House Committee for Courts of Justice on February 13, 1994) (Patron Prior to Substitute--Delegate Reid) A BILL to amend the Code of Virginia by adding a section numbered 16.1-241.2, relating to proceedings against uncooperative parent; penalty.

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 16.1-241.2 as follows:

§ 16.1-241.2. Proceedings against uncooperative parent.

A. A school board shall adopt a policy which provides that it may proceed against a parent, guardian or legal custodian, who willfully refuses to cooperate or participate in programs, disciplinary proceedings or school recommendations designed to resolve student behavioral problems. Notice of the policy so adopted shall be sent to the parent, guardian or legal custodian. The school board may by petition to the juvenile and domestic relations court proceed against a parent, guardian or legal custodian for willful refusal to cooperate or participate in efforts to improve a student's behavior. If the court finds that the parent, guardian, or legal custodian has willfully refused to cooperate or participate, it may order such student or his parent, guardian, or legal custodian to (i) participate in such programs or cooperate in such treatment as the court deems appropriate to improve the student's behavior or (ii) be subject to such conditions and limitations as the court deems appropriate for the supervision, care and rehabilitation of the student or parent, guardian, or legal custodian. To enforce such order, the court may direct such parent, guardian, or legal custodian to pay a civil penalty not to exceed $500. In no event, may the court use its contempt power to enforce any order entered under this section.

B. The civil penalties established pursuant to this section shall be paid into a fund maintained by the appropriate local governing body to support programs or treatments designed to improve the behavior of such students as described in subsection A. Upon any 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.