2006 Code of Virginia § 22.1-279.6 - Board of Education guidelines and model policies for codes of student conduct; school board regulat...

22.1-279.6. Board of Education guidelines and model policies for codes ofstudent conduct; school board regulations.

A. The Board of Education shall establish guidelines and develop modelpolicies for codes of student conduct to aid local school boards in theimplementation of such policies. The guidelines and model policies shallinclude, but not be limited to, (i) criteria for the removal of a studentfrom a class, the use of suspension, expulsion, and exclusion as disciplinarymeasures, the grounds for suspension and expulsion and exclusion, and theprocedures to be followed in such cases, including proceedings for suchsuspension, expulsion, and exclusion decisions and all applicable appealsprocesses; (ii) standards, consistent with state, federal and case laws, forschool board policies on alcohol and drugs, gang-related activity, hazing,vandalism, trespassing, threats, search and seizure, disciplining of studentswith disabilities, intentional injury of others, self-defense, bullying, anddissemination of such policies to students, their parents, and schoolpersonnel; and (iii) standards for in-service training of school personnel inand examples of the appropriate management of student conduct and studentoffenses in violation of school board policies.

In accordance with the most recent enunciation of constitutional principlesby the Supreme Court of the United States of America, the Board's standardsfor school board policies on alcohol and drugs and search and seizure shallinclude guidance for procedures relating to voluntary and mandatory drugtesting in schools, including, but not limited to, which groups may betested, use of test results, confidentiality of test information, privacyconsiderations, consent to the testing, need to know, and release of the testresults to the appropriate school authority.

In the case of suspension and expulsion, the procedures set forth in thisarticle shall be the minimum procedures that the school board may prescribe.

B. School boards shall adopt and revise, as required by 22.1-253.13:7 andin accordance with the requirements of this section, regulations on codes ofstudent conduct that are consistent with, but may be more stringent than, theguidelines of the Board. School boards shall include, in the regulations oncodes of student conduct, procedures for suspension, expulsion, and exclusiondecisions and shall biennially review the model student conduct code toincorporate discipline options and alternatives to preserve a safe,nondisruptive environment for effective teaching and learning.

Each school board shall include, in its code of student conduct, prohibitionsagainst bullying, hazing, and profane or obscene language or conduct. Schoolboards shall also cite, in their codes of student conduct, the provisions of 18.2-56, which defines and prohibits hazing and imposes a Class 1misdemeanor penalty for violations, i.e., confinement in jail for not morethan 12 months and a fine of not more than $2,500, either or both.

A school board may regulate the use or possession of beepers or otherportable communications devices and laser pointers by students on schoolproperty or attending school functions or activities and establishdisciplinary procedures pursuant to this article to which students violatingsuch regulations will be subject.

Nothing herein shall be construed to require any school board to adoptpolicies requiring or encouraging any drug testing in schools. However, aschool board may, in its discretion, require or encourage drug testing inaccordance with the Board of Education's guidelines and model student conductpolicies required by subsection A and the Board's guidelines for studentsearches required by 22.1-279.7.

C. The Board of Education shall establish standards to ensure compliance withthe federal Improving America's Schools Act of 1994 (Part F-Gun-Free SchoolsAct of 1994), as amended, in accordance with 22.1-277.07.

This subsection shall not be construed to diminish the authority of the Boardof Education or to diminish the Governor's authority to coordinate andprovide policy direction on official communications between the Commonwealthand the United States government.

(Code 1950, 22-230.1, 22-230.2; 1972, c. 604; 1980, c. 559; 1993, cc. 819,856, 889; 1995, cc. 724, 801; 1997, cc. 391, 585, 608, 830; 1998, c. 902;1999, c. 432; 2000, c. 360, 22.1-277.02:1, 22.1-278, 22.1-278.2; 2001, cc.688, 820; 2003, c. 899; 2004, cc. 574, 908, 939, 955; 2005, cc. 461, 484,520.)