2006 Code of Virginia § 22.1-277.2 - Authority to exclude students under certain circumstances; petition for readmission; alternative ed...

22.1-277.2. Authority to exclude students under certain circumstances;petition for readmission; alternative education program.

A. A student, who has been expelled or suspended for more than thirty daysfrom attendance at school by a school board or a private school in thisCommonwealth or in another state or for whom admission has been withdrawn bya private school in this Commonwealth or in another state may be excludedfrom attendance by a local school board in Virginia, regardless of whethersuch student has been admitted to another school division or private schoolin the Commonwealth or in another state subsequent to such expulsion,suspension, or withdrawal of admission upon a finding that the studentpresents a danger to the other students or staff of the school division after(i) written notice to the student and his parent that the student may besubject to exclusion, the reasons therefor, and, in the event of suchexclusion, of the right to appeal the decision at a hearing before the schoolboard or a committee thereof; and (ii) a review of the case has beenconducted by the division superintendent or his designee and exclusion hasbeen recommended.

In the case of a suspension of more than thirty days, the term of theexclusion may not exceed the duration of such suspension.

In excluding any such expelled student from school attendance, the localschool board may accept or waive any or all of any conditions for readmissionimposed upon such student by the expelling school board pursuant to 22.1-277.06. The excluding school board shall not impose additionalconditions for readmission to school.

If the decision by the superintendent or his designee to exclude has beenappealed to a committee of the school board, the student or his parent shallbe provided written notice of the right to appeal the decision to the fullboard, which shall, within thirty days following any such hearing, in thecase of an expulsion or withdrawal of admission and, in the case of asuspension of more than thirty days, within fifteen days following any suchhearing, notify in writing the student or his parent of its decision.

B. In lieu of the procedures established in subsection A, a school board mayadopt regulations providing that a student may be excluded from attendanceafter (i) written notice to the student and his parent that the student maybe subject to exclusion, including the reasons therefor, and notice of theopportunity for the student or his parent to participate in a hearing to beconducted by the division superintendent or his designee regarding suchexclusion; and (ii) a hearing of the case has been conducted by the divisionsuperintendent or his designee, and the decision has been to exclude thestudent from attendance. The decision of the superintendent or his designeeto exclude shall be final unless altered by the school board, upon timelywritten petition, as established in regulation, of the student so excluded orhis parent, for a review of the record by the school board.

C. Upon the expiration of the exclusion period for an expulsion or awithdrawal of admission, which period shall be established by the schoolboard, committee thereof, or superintendent or his designee, as the case maybe, at the relevant hearing, the student may re-petition the school board foradmission. If the petition for admission is rejected, the school board shallidentify the length of the continuing exclusion period and the subsequentdate upon which such student may re-petition the school board for admission.

D. The school board may permit students excluded pursuant to this section toattend an alternative education program provided by the school board for theterm of such exclusion.

(1993, c. 889; 1994, c. 709; 1996, c. 190; 1997, cc. 585, 608, 728; 2001, cc.669, 688, 820.)