2006 Code of Virginia § 22.1-279.3 - Parental responsibility and involvement requirements

22.1-279.3. Parental responsibility and involvement requirements.

A. Each parent of a student enrolled in a public school has a duty to assistthe school in enforcing the standards of student conduct and compulsoryschool attendance in order that education may be conducted in an atmospherefree of disruption and threat to persons or property, and supportive ofindividual rights.

B. A school board shall provide opportunities for parental and communityinvolvement in every school in the school division.

C. Within one calendar month of the opening of school, each school boardshall, simultaneously with any other materials customarily distributed atthat time, send to the parents of each enrolled student (i) a notice of therequirements of this section; (ii) a copy of the school board's standards ofstudent conduct; and (iii) a copy of the compulsory school attendance law.These materials shall include a notice to the parents that by signing thestatement of receipt, parents shall not be deemed to waive, but to expresslyreserve, their rights protected by the constitutions or laws of the UnitedStates or the Commonwealth and that a parent shall have the right to expressdisagreement with a school's or school division's policies or decisions.

Each parent of a student shall sign and return to the school in which thestudent is enrolled a statement acknowledging the receipt of the schoolboard's standards of student conduct, the notice of the requirements of thissection, and the compulsory school attendance law. Each school shall maintainrecords of such signed statements.

D. The school principal may request the student's parent or parents, if bothparents have legal and physical custody of such student, to meet with theprincipal or his designee to review the school board's standards of studentconduct and the parent's or parents' responsibility to participate with theschool in disciplining the student and maintaining order, to ensure thestudent's compliance with compulsory school attendance law, and to discussimprovement of the child's behavior, school attendance, and educationalprogress.

E. In accordance with the due process procedures set forth in this articleand the guidelines required by 22.1-279.6, the school principal may notifythe parents of any student who violates a school board policy or thecompulsory school attendance requirements when such violation could result inthe student's suspension or the filing of a court petition, whether or notthe school administration has imposed such disciplinary action or filed apetition. The notice shall state (i) the date and particulars of theviolation; (ii) the obligation of the parent to take actions to assist theschool in improving the student's behavior and ensuring compulsory schoolattendance compliance; (iii) that, if the student is suspended, the parentmay be required to accompany the student to meet with school officials; and(iv) that a petition with the juvenile and domestic relations court may befiled under certain circumstances to declare the student a child in need ofsupervision.

F. No suspended student shall be admitted to the regular school program untilsuch student and his parent have met with school officials to discussimprovement of the student's behavior, unless the school principal or hisdesignee determines that readmission, without parent conference, isappropriate for the student.

G. Upon the failure of a parent to comply with the provisions of thissection, the school board may, by petition to the juvenile and domesticrelations court, proceed against such parent for willful and unreasonablerefusal to participate in efforts to improve the student's behavior or schoolattendance, as follows:

1. If the court finds that the parent has willfully and unreasonably failedto meet, pursuant to a request of the principal as set forth in subsection Dof this section, to review the school board's standards of student conductand the parent's responsibility to assist the school in disciplining thestudent and maintaining order, and to discuss improvement of the child'sbehavior and educational progress, it may order the parent to so meet; or

2. If the court finds that a parent has willfully and unreasonably failed toaccompany a suspended student to meet with school officials pursuant tosubsection F, or upon the student's receiving a second suspension or beingexpelled, it may order the student or his parent, or both, to participate insuch programs or such treatment, including, but not limited to, extended dayprograms, summer school, other educational programs and counseling, as thecourt deems appropriate to improve the student's behavior or schoolattendance. The order may also require participation in a parenting,counseling or a mentoring program, as appropriate or that the student or hisparent, or both, shall be subject to such conditions and limitations as thecourt deems appropriate for the supervision, care, and rehabilitation of thestudent or his parent. In addition, the court may order the parent to pay acivil penalty not to exceed $500.

H. The civil penalties established pursuant to this section shall beenforceable in the juvenile and domestic relations court in which thestudent's school is located and shall be paid into a fund maintained by theappropriate local governing body to support programs or treatments designedto improve the behavior of students as described in subdivision G 2. Upon thefailure to pay the civil penalties imposed by this section, the attorney forthe appropriate county, city, or town shall enforce the collection of suchcivil penalties.

I. All references in this section to the juvenile and domestic relationscourt shall be also deemed to mean any successor in interest of such court.

(1995, c. 852; 1996, c. 771; 2000, c. 538; 2001, cc. 688, 820; 2004, c. 573.)