2006 Code of Virginia § 22.1-277.06 - Expulsions; procedures; readmission

22.1-277.06. Expulsions; procedures; readmission.

A. Pupils may be expelled from attendance at school after written notice tothe pupil and his parent of the proposed action and the reasons therefor andof the right to a hearing before the school board or a committee thereof inaccordance 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 that such committee may confirm ordisapprove the expulsion of a student. Any such committee of the school boardshall be composed of at least three members. If the committee's decision isnot unanimous, the pupil or his parent may appeal the committee's decision tothe full school board. Such appeal shall be decided by the school boardwithin 30 days.

The regulations shall also provide for subsequent confirmation or disapprovalof the proposed expulsion by the school board, or a committee thereof, as maybe provided in regulation, regardless of whether the pupil exercised theright to a hearing.

B. The written notice required by this section shall include notification ofthe length of the expulsion and shall provide information to the parent ofthe student concerning the availability of community-based educational,training, and intervention programs. Such notice shall state further whetheror not the student is eligible to return to regular school attendance, or toattend an appropriate alternative education program approved by the schoolboard, or an adult education program offered by the school division, duringor upon the expiration of the expulsion, and the terms or conditions of suchreadmission. The costs of any community-based educational, training, orintervention program that is not a part of the educational program offered bythe school division that the student may attend during his expulsion shall beborne by the parent of the student.

Nothing in this section shall be construed to prohibit the school board frompermitting or requiring students expelled pursuant to this section to attendan alternative education program provided by the school board for the term ofsuch expulsion.

If the school board determines that the student is ineligible to return toregular school attendance or to attend during the expulsion an alternativeeducation program or an adult education program in the school division, thewritten notice shall also advise the parent of such student that the studentmay petition the school board for readmission to be effective one calendaryear from the date of his expulsion, and of the conditions, if any, underwhich readmission may be granted.

School boards shall establish, by regulation, a schedule pursuant to whichsuch students may apply and reapply for readmission to school. Such scheduleshall be designed to ensure that any initial petition for readmission will bereviewed by the school board or a committee thereof, or the divisionsuperintendent, and, if granted, would enable the student to resume schoolattendance one calendar year from the date of the expulsion. If the divisionsuperintendent or a committee of the school board denies such petition, thestudent may petition the school board for review of such denial.

C. Recommendations for expulsion for actions other than those specified in 22.1-277.07 and 22.1-277.08 shall be based on consideration of the followingfactors:

1. The nature and seriousness of the violation;

2. The degree of danger to the school community;

3. The student's disciplinary history, including the seriousness and numberof previous infractions;

4. The appropriateness and availability of an alternative education placementor program;

5. The student's age and grade level;

6. The results of any mental health, substance abuse, or special educationassessments;

7. The student's attendance and academic records; and

8. Such other matters as he deems appropriate.

No decision to expel a student shall be reversed on the grounds that suchfactors were not considered.

Nothing in this subsection shall be deemed to preclude a school board fromconsidering any of these factors as "special circumstances" for purposes of 22.1-277.07 and 22.1-277.08.

(1998, c. 806, 22.1-277.03; 2001, cc. 688, 820; 2005, c. 96.)