2006 Code of Virginia § 16.1-241.2 - Proceedings against certain parents

16.1-241.2. Proceedings against certain parents.

A. Upon the failure of a parent to comply with the provisions of 22.1-279.3, 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 asfollows:

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 22.1-279.3, to review the school board's standards of student conductand the parent's responsibility to assist the school in disciplining thestudent, maintaining order, or ensuring the child's school attendance, and todiscuss improvement of the child's behavior, school attendance, oreducational progress, it may order the parent to so meet; or

2. If the court finds that the parent has willfully and unreasonably failedto accompany a suspended student to meet with school officials pursuant tosubsection F of 22.1-279.3, or upon the student receiving a secondsuspension or being expelled, it may order (i) the student or his parent toparticipate in such programs or such treatment as the court deems appropriateto improve the student's behavior, including, but not limited to, extendedday programs and summer school or other education programs and counseling, or(ii) the student or his parent to be subject to such conditions andlimitations as the court deems appropriate for the supervision, care, andrehabilitation of the student or his parent; in addition, the court may orderthe parent to pay a civil penalty not to exceed $500.

The court may use its contempt power to enforce any order entered under thissection.

B. The civil penalties established pursuant to this section shall beenforceable in the juvenile and domestic relations court or its successor ininterest in which the student's school is located and shall be paid into afund maintained by the appropriate local governing body to support programsor treatments designed to improve the behavior and school attendance ofstudents as described in subdivision 2 of subsection G of 22.1-279.3. Uponthe failure to pay any civil penalties imposed by this section and 22.1-279.3, the attorney for the appropriate county, city, or town shallenforce the collection of such civil penalties.

C. For the purposes of this section and 22.1-279.3, "parent" or"parents" means any parent, guardian, legal custodian, or other personhaving control or charge of a child.

(1994, c. 813; 1995, c. 852; 1996, c. 771; 2004, c. 573.)

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