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1997 SESSION
973341760Patrons-- Woods, Barry, Howell, Saslaw, Ticer and Waddell; Delegates: McClure, Puller, Rust and Scott
Be it enacted by the General Assembly of Virginia:
1. That §§ 22.1-277, 22.1-277.2, and 22.1-278 of the Code of Virginia are amended and reenacted 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 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;.
provided that inIn the case of any pupil whose presence
poses a continuing danger to persons or property or an ongoing threat of
disruption, however, the pupil may be removed from school
immediately and the notice, explanation of facts and opportunity to present his
version 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 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 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 unless the school board's regulations permit the specific decision of the superintendent [ or his designee ] to be final.
C. 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) 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 or, if permitted by the regulations of the school board, the superintendent or his designee(s). If the regulations provide for a hearing by a committee of the school board or by the superintendent or his designee(s), the regulations shall also provide for an appeal of the decision to the full school board, which appeal, if requested, shall be decided by the school board within thirty days.
C.D. 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 appeal, if requested, shall be decided
by the school board within thirty days.
§ 22.1-277.2. Admission of expelled students; authority to exclude under certain circumstances.
A. 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 year upon a finding that the student presents a danger to the other students or staff of the school division.
B. The school board may adopt regulations establishing procedures for making exclusion decisions in accordance with one of the following options:
1. The student may be excluded, in compliance with school board regulations, after (i) written notice to the student and his parent that the student may be subject to exclusion, including the reasons therefor, 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 exclusion; and (ii) a hearing of the case has been conducted by the division superintendent or his designee and the decision has been made to exclude the student from attendance. The decision of the superintendent shall be final unless altered by the school board, upon written petition by the student so excluded or his parent, for a review of the record by the school board; or
2. The student may be excluded, 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.
C. Appeals shall only be granted pursuant to subsections A and B upon timely written petition of the student so excluded or his parent in accordance with the school board's regulations.
Upon the expiration of the exclusion period, which shall not be more than one year, the student may petition the school board for admission. For the purposes of this section, "one year" shall mean 365 calendar days.
§ 22.1-278. Guidelines for school board policies; school board regulations governing student conduct; Board standards for compliance with federal law requiring expulsion under certain circumstances by school board.
A. [ By July 1, 1995 the The ] , the Board of
Education shall establish guidelines and develop model student conduct policies
to aid local school boards in the implementation of such policies. The
guidelines shall include, but not be limited to, (i) criteria for the use of
suspension, and expulsion, and exclusion as
disciplinary measures, the grounds for suspension and expulsion and
exclusion, and the procedure procedures to be
followed in such cases, including all applicable appeals processes and
criteria for final decisions by superintendents in suspension and exclusion
cases; (ii) standards, consistent with state, federal and case laws, for
school board policies on alcohol and drugs, vandalism, trespassing, threats,
search and seizure, disciplining of students with disabilities, intentional
injury of others and dissemination of such policies to students, their parents,
and school personnel; and (iii) standards for in-service training of school
personnel in and examples of the appropriate management of student conduct and
student offenses in violation of school board policies. In the case of
suspension and expulsion, the procedures set forth in § 22.1-277 shall be
the minimum procedures that the school board may prescribe. By October 31,
1995, schoolSchool boards shall adopt regulations governing
student conduct which are consistent with, but may be more stringent than, the
guidelines of the Board. School boards shall include, in the regulations
governing student conduct, criteria for final decisions by superintendents in
suspension and exclusion cases.
B. The Board of Education shall establish standards to ensure compliance with the federal Improving America's Schools Act of 1994 (Part F-"Gun-Free Schools Act of 1994"), in accordance with § 22.1-277.01, to be effective on July 1, 1995.
This subsection 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.