Procedures for Student Suspensions and Expulsions

Procedures for Student Suspensions and Expulsions

When a student is sent to the principal or designee for any disciplinary action or conference concerning an incident, the steps below must be followed. These guidelines for disciplinary action constitute a hearing for the student and represent the due process procedures that are required.

The Principal or designee:

1. Advises the student of the charge(s).

2. Advises the student of the facts on which the charge(s) are based.

3. Gives the student an opportunity to respond to the charge(s) and to provide his/her version. The student is asked to give a written and/or verbal statement concerning the incident.

4. Provides written verification of the proposed disciplinary action (including a written statement of appeal procedures) to the parent.

5. Makes every effort to notify the student’s parent by telephone, if action is going to be taken immediately to suspend the student.

Students whose presence poses a continuing danger to persons or property or an ongoing threat of disruption may be removed from school immediately. The notice of charges, explanation of facts and opportunity to present his/her version of what occurred, shall be provided as soon as practical.

Suspensions for (10) Days or Less

The Code of Virginia gives the principal or designee the authority to make a determination, based on an investigation, that a student has violated a rule that may require a suspension of 10 days or less. If a parent desires to appeal a suspension of 10 days or less, the appeal process begins in the school with the suspending administrator.

No student in preschool through grade three is suspended for more than three 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 superintendent or superintendent’s designee finds that aggravating circumstances exist, as defined by the Virginia Department of Education.

Students who have been suspended from school, regardless of duration, may only be readmitted to regular attendance after the student’s parent/guardian has attended a readmission conference with the principal or assistant principal/ dean of students.

Written Request for Appeal

1. If a principal’s designee suspends the student, the appeal is to the building principal. The parent/guardian must request in writing a review of the suspension decision within three (3) school days (the beginning suspension day begins the appeal counting) or the decision becomes final.

2. The principal will review the incident and within three (3) school days after receipt of the written request, report the decision in writing to the parent.

Review by Superintendent

If the parent requests an appeal of the principal's decision to suspend a student, the written request must be submitted within (3) school days of the principal's decision or the decision becomes final. Disciplinary matters with consequences less than out-of-school suspension shall be the final decision of the principal. A letter of appeal may be filed with the Superintendent within three days fo the principal's notice to the parent.

1. Within three (3) school days after receipt of the notice of appeal, the Superintendent will review the actions taken by the principal/designee, and confirm or disapprove such action based on an examination of the record of the student’s behavior.

2. The decision of the superintendent may be appealed to the School Board.

Long-term suspension (11 to 45 days) or expulsion (365 days)

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) the School Board or division superintendent or superintendent’s designee finds that aggravating circumstances exist, as defined by the Virginia Department of Education.

1. When a principal decides to recommend long-term suspension or expulsion for a student, he/she must immediately notify the student and parent that the student will be recommended for long-term suspension or expulsion.

2. The student will be suspended for 10 days by the principal. The principal will immediately contact the Assistant Superintendent to schedule a hearing. In the case of a student receiving special education services, contact the Director of Special Education and Federal Programs.

3. The principal, within 24 hours of the incident, must provide written notice to the student and his/her parent of the proposed action and the reasons therefore and of the right to a hearing before a hearing officer. The hearing officer and the Superintendent will receive a copy of this notice within 24 hours of the incident.

4. The parent shall also be notified of their right to an appeal of the decision of the hearing officer’s recommendation to the Superintendent to the full School Board or to the School Board Review Committee.

Review procedures for suspensions in excess of ten days and expulsions

1. All students that are recommended for long term suspension or expulsion will have their long-term suspension or expulsion reviewed by a discipline-hearing officer.

2. The Superintendent will appoint the discipline hearing officer.

3. The School Social Worker will schedule and facilitate discipline hearings.

4. The hearing will be held within ten (10) school days from the date of the written notice unless the student and/or parent(s)/guardian(s) ask for a continuance and the continuance is granted by the hearing officer.

5. At the hearing, the principal or his/her representative shall present any evidence the principal wishes in support of the principal’s recommendation. Likewise, the student, his/her parent(s)/guardian(s), or representative may present any evidence to support the student’s position.

6. Witnesses should be kept outside of the hearing room until they are called. Student witnesses must have written parental permission to participate and should be accompanied by a parent.

7. It is important for the hearing officer to review all the facts, evidence, and witnesses together. Written statements including a detailed incident report, evidence, witness statements and factual information should be provided. They should present a strong case (which could be subject to review by the School Board or through a due process hearing). Student grades, attendance, and disciplinary records should be made readily available at the hearing by the principal.

8. The hearing officer may either uphold the recommendation of the principal, either in whole or in part, or disapprove. Additional recommendations may be made.

9. The School Social Worker facilitator informs the Superintendent in writing of the hearing officer’s recommendations. A copy of this letter is sent to the parent, the hearing officer, and the principal.

10. The Superintendent reviews the hearing officer’s recommendation and makes a determination to uphold, deny, or modify the recommendations. The Superintendent must provide written notice to the student, parent(s)/guardian(s) of a suspension of more than 10 days. The letter should specify the length of the suspension, information regarding the availability of community-based educational programs, alternative education programs, or intervention programs. The letter should state the student’s eligibility 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.

11. For students recommended for expulsion by the superintendent, the School Board or School Board Review Committee makes a determination to uphold, deny, or modify the recommendation. 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 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.

12. If the student, parent(s)/guardian(s) choose to appeal the decision of the Superintendent, they must do so in writing to the Superintendent within 10 days of the date of the letter of notification of the Superintendent’s decision. Failure to file a written appeal within the specified time will constitute a waiver of the right to an appeal. The student will remain suspended pending the disposition of his/her appeal.

13. Upon a timely request for a hearing before the Middlesex County School Board, or the School Board Review Committee, which shall occur within (30) calendar days, the Superintendent shall notify the student and the parent of the time and place of the hearing.

School Board Review Committee Hearings

1. The School Board Review Committee is a “committee of the School Board” and is composed of at least three school board members.

2. The function of this committee is to act upon a principal’s recommendation for long-term suspension if appealed or expulsion. The School Board Review Committee or School Board must affirm each expulsion regardless of whether the student has exercised his/her right to appeal.

3. Parents of students charged with violations are notified of the hearing date and asked to confirm that they can attend the hearing. If they do not confirm, the hearing may or may not be conducted. The parent may request one postponement of the hearing date. The principal of the school is expected to be present at the hearing, as is any school staff whose attendance is requested.

4. Hearings of the School Board Review Committee are formal and important steps in the disciplinary process. In order to protect the privacy of the students involved, the hearings are closed. Parents may bring an attorney or other representative into a closed hearing and may bring others in support of the student. Parents are required to notify the review committee in advance on who (other than the student and themselves) will be attending the hearing. Parents may request that a hearing be open. An open hearing means that anyone may attend. Even when a hearing is declared open, the committee will deliberate in closed session. The final determination of whether a hearing is open or closed will rest with the Chairman of the Committee.

5. Individuals participating in the hearing are subject to a security check. Admittance may be denied to any person refusing to adhere with the Committee Chairman’s directions regarding security, conduct, or general operating procedures of the hearing committee. No recording (audio or video), filming or photography is permitted during a School Board Review Committee hearing by parties other than the Board.

Expulsion for Weapons-Related Offense

Any student determined to be in possession of or to have brought any prohibited weapon (as described in Policy JFCD) onto school property or to a school-sponsored activity may be expelled for a period of not less than one year (365 days). A school administrator, pursuant to School Board policy, 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 Division Superintendent may conduct a review in such cases to determine whether a disciplinary action other than expulsion is appropriate, and recommend that action to the School Board for final determination Virginia Codes §22.1-277.07, §22.1-277.07:1.

Expulsion for Drug-Related Offense

The School Board shall expel from school attendance any student whom the School Board has determined to have brought a controlled substance, imitation controlled substance or marijuana as 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. The Division Superintendent may conduct a review in such cases to determine whether a disciplinary action other than expulsion is appropriate, and recommend that action to the School Board for final determination Virginia Code §22.1-277.08.

Suspensions or Expulsions of Students with Disabilities

Suspensions and/or expulsions of students with disabilities will be in compliance with state and federal law.

Admission of Students Suspended or Expelled from Another School Division

A student who has been expelled or suspended for more than 30 days from attendance at school by a School Board or a private school, or for whom admission has been withdrawn by a private school, may be excluded from attendance for no more than one calendar year in the case of expulsion or withdrawal of admission, and in the case of suspension of more than 30 days, for not longer than the duration of such suspension. The school shall provide written notice to the student and his or her parent/guardian of the reasons for such possible exclusion and of the right to a hearing conducted by the Division Superintendent. The student may not attend school until the Division Superintendent conducts a review of the case. Exclusion shall be imposed upon a finding that the student presents a danger to the other students or staff members of the school division. The decision to exclude the student shall be final unless altered by the school board after timely written petition. Upon the expiration of the exclusion, the student may petition the Division Superintendent for admission.

Policy: JGD/JGE