2006 Code of Virginia § 22.1-277.05 - Long-term suspensions; procedures; readmission

22.1-277.05. Long-term suspensions; procedures; readmission.

A. A pupil may be suspended from attendance at school for more than ten daysafter providing written notice to the pupil and his parent of the proposedaction and the reasons therefor and of the right to a hearing before theschool board, or a committee thereof, or the superintendent or his designee,in accordance with regulations of the school board. If the regulationsprovide for a hearing by the superintendent or his designee, the regulationsshall also provide for an appeal of the decision to the full school board.Such appeal shall be decided by the school board within thirty days.

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 suspension of a student. Any such committee of the schoolboard shall be composed of at least three members. If the committee'sdecision is not unanimous, the pupil or his parent may appeal the committee'sdecision to the full school board. Such appeal shall be decided by the schoolboard within thirty days.

B. A school board shall include in the written notice of a suspension formore than ten days required by this section, notification of the length ofthe suspension. In the case of a suspension for more than ten days, suchwritten notice shall provide information concerning the availability ofcommunity-based educational, alternative education, or intervention programs.Such notice shall also state that the student is eligible to return toregular school attendance upon the expiration of the suspension or to attendan appropriate alternative education program approved by the school boardduring or upon the expiration of the suspension. The costs of anycommunity-based educational, alternative education, or intervention programthat is not a part of the educational program offered by the school divisionthat the student may attend during his suspension shall be borne by theparent of the student.

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

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

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