Aggravating Circumstances

Legislation enacted July 1, 2018, directed the Virginia Department of Education to define “aggravating circumstances” concerning suspension of students.  The Virginia Department of Education staff and multiple stakeholder groups collaborated to create the following definition: 

For the purposes of §22.1-277 and §22.1-277.05 of the Code of Virginia, “aggravating circumstances” shall mean: 

1. That a student engaged in misconduct which caused serious harm (including but not limited to physical, emotional, and psychological harm)  to another person(s) or posed a credible threat of serious harm to another person(s), as determined by a threat assessment; or 

2. That a student’s presence in the school poses an ongoing and unreasonable risk to the safety of the school, its students, staff, or others in the school; or 

3. That a student engaged in a serious offense that is:   

a) persistent (repeated similar behaviors are documented on the student’s disciplinary record), and 

b) unresponsive to targeted interventions as documented through an established intervention process. 

When considering suspension of a student for more than the number of days allowed by the school principal, assistant principal or designee, Albemarle County Public Schools will apply this definition.