Suspension and Expulsion of Students

Except as provided in subsection C of Va. Code § 22.1-277 or Va. Code §§ 22.1-277.07 or 22.1-277.08, no student in preschool through grade three is suspended for more than three school days or expelled from attendance at school, unless (i) the offense involves physical harm or credible threat of physical harm to others or (ii) the School Board or the superintendent or superintendent’s designee finds that aggravating circumstances exist, as defined by the Virginia Department of Education.

Any student for whom the superintendent has received a report pursuant to Va. Code § 16.1-305.1 of an adjudication of delinquency or a conviction for an offense listed in subsection G of Va. Code § 16.1-260 may be suspended or expelled from school attendance.

1.      Short-Term Suspensions

a.      A pupil may be suspended for not more than ten school days by either the school, any assistant principal, or, in their absence, any admin designee. The principal or assistant principal 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 their version of what occurred. In the case of any pupil whose presence poses a continuing danger to persons or property, or whose presence is an ongoing threat of disruption, the pupil may be removed from school immediately and the notice, explanation of facts and opportunity to present their version shall be given as soon as is practical thereafter.

b.      Upon suspension of any pupil, the principal, assistant principal or admin designee responsible for such suspension reports the facts of the case in writing to the superintendent or superintendent’s designee and the parent of the pupil suspended. The superintendent or superintendent's designee reviews forthwith the action taken by the principal, assistant principal or teacher upon a petition for such review by any party in interest and confirms or disapproves such action based on an examination of the record of the pupil’s behavior.

c.      The decision of the superintendent or superintendent’s designee is final and may not be appealed.

d.      Any oral or written notice to the parent of a student who is suspended from school attendance for not more than ten days includes notification of the length of the suspension, information regarding the availability of community-based educational programs, alternative education programs or other educational options and of the student’s right to return to regular school attendance upon the expiration of the suspension. The costs of any community-based educational program, or alternative education program or educational option, which is not a part of the educational program offered by the school division, are borne by the parent of the student.

2.      Long-Term Suspensions

a.      A pupil may be suspended from attendance at school for 11 to 45 school days after written notice is provided to the pupil and the pupil’s parent of the proposed action and the reasons therefore and of the right to a hearing before the superintendent or superintendent’s designee. The decision of the superintendent or superintendent's designee may be appealed to the full School Board. Such an appeal will be decided by the School Board within thirty days.

b.      The written notice of a suspension for 11 to 45 school days includes notification of the length of the suspension and provides information concerning the availability of community-based educational, alternative education or intervention programs. Such notice also states that the student is eligible to return to regular school attendance upon the expiration of the suspension or to attend an appropriate alternative education program approved by the School Board during or upon the expiration of the suspension. The costs of any community-based educational, alternative education, or intervention program that is not a part of the educational program offered by the school division that the student may attend during their suspension is borne by the parent of the student.

c.      A long-term suspension may extend beyond a 45-school-day period but shall not exceed 364 calendar days if (i) the offense is one described in Va. Code §§ 22.1-277.07 or 22.1-277.08 or involves serious bodily injury or (ii) a committee of the School Board or the division superintendent or superintendent’s designee finds that aggravating circumstances exist, as defined by the Virginia Department of Education.

d.      Nothing herein shall be construed to prohibit the School Board from permitting or requiring students suspended pursuant to this section to attend an alternative education program provided by the School Board for the term of such suspension.

3.      Expulsions

a.      Pupils may be expelled from attendance at school after written notice to the pupil and the pupil’s parent of the proposed action and the reasons therefore and of the right to a hearing before the School Board Disciplinary Committee.

                   i. The School Board Disciplinary Committee may confirm or disapprove the expulsion of a student. If
                                        the Committee’s decision is not unanimous, the pupil or the pupil’s parent may appeal the
                                        Committee’s decision to the full School Board. Such appeal is decided by the School Board within
                                        30 days.

  ii.   The Committee confirms or disapproves of proposed expulsions regardless of whether the pupil
          has exercised the right to a hearing.

  iii.   The written notice given to the pupil and the pupil’s parent includes notification of the length of the
          expulsion and provides information concerning the availability of community-based educational,
          training, and intervention programs. The notice states whether or not the student is eligible to return
          to regular school attendance, or to attend an appropriate alternative education program approved
          by the School Board, or an adult education program offered by the school division, during or upon
          the expiration of the expulsion, and the terms or conditions of such readmission. The costs of any
          community-based educational, training, or intervention program that is not a part of the educational
          program offered by the school division that the student may attend during the expulsion is borne by
          the parent of the student.

  iv.   Nothing in this section shall be construed to prohibit the School Board from permitting or requiring
          students expelled pursuant to this Policy to attend an alternative education program provided by
          the School Board for the term of such expulsion.

  v.   If the School Board determines that the student is ineligible to return to regular school attendance
          or to attend during the expulsion an alternative education program or an adult education program in
          the school division, the written notice also advises the parent of such student that the student may
          petition the School Board for readmission to be effective one calendar year from the date of the
          expulsion, and of the conditions, if any, under which readmission may be granted.

 vi.   Such students may apply and reapply for readmission to school in accordance with a schedule to
          meet the needs of the individual student created in conjunction with the Director of Student
          Services.

b.      Firearms, Destructive Devices and Pneumatic Guns

 i.   The School Board shall expel from school attendance for a period of not less than one year any
          student whom the School Board has determined to have possessed a firearm on school property or
          at a school-sponsored activity as prohibited by Va. Code § 18.2-308.1, or to have possessed a
          firearm or destructive device as defined in this Policy, a firearm muffler or firearm silencer, or a
          pneumatic gun as defined in this Policy on school property or at a school-sponsored activity. A
          school administrator or the School Board may, however, determine, based on the facts of a
          particular situation, that special circumstances exist and no disciplinary action or another
          disciplinary action or another term of expulsion is appropriate. The School Board may promulgate
          guidelines for determining what constitutes special circumstances. In addition, the School Board
          authorizes the superintendent or superintendent’s designee to conduct a preliminary review of such
          cases to determine whether a disciplinary action other than expulsion is appropriate. Nothing in this
          section shall be construed to require a student’s expulsion regardless of the facts of the particular
          situation.

ii.   The exemptions set out in Va. Code § 18.2-308 regarding concealed weapons apply, mutatis
          mutandis, to the provisions of this Policy. The provisions of this section do not apply to students
          who possess such firearm or firearms or pneumatic guns as a part of the curriculum or other
          programs sponsored by the schools in the school division or any organization permitted to use
          school premises.

c.      Drug Offenses

i.   The School Board shall expel from school attendance any student whom the School Board has
          determined to have brought a controlled substance or imitation controlled substance as those
          terms are defined in Va. Code § 18.2-247 onto school property or to a school-sponsored activity.
          The School Board may, however, determine, based on the facts of the particular case, that special
          circumstances exist and another disciplinary action is appropriate. In addition, the School Board
          authorizes the superintendent or the superintendent’s designee to conduct a preliminary review of
          such cases to determine whether a disciplinary action other than expulsion is appropriate. Nothing
          in this section shall be construed to require a student’s expulsion regardless of the facts of the
          particular situation.