2006 Code of Virginia § 22.1-277.07 - Expulsion of students under certain circumstances; exceptions

22.1-277.07. Expulsion of students under certain circumstances; exceptions.

A. In compliance with the federal Improving America's Schools Act of 1994(Part F-Gun-Free Schools Act of 1994), a school board shall expel from schoolattendance for a period of not less than one year any student whom suchschool board has determined, in accordance with the procedures set forth inthis article, to have possessed a firearm on school property or at aschool-sponsored activity as prohibited by 18.2-308.1; to have possessed afirearm or destructive device as defined in subsection E, a firearm muffleror firearm silencer, or a pneumatic gun as defined in subsection E of 15.2-915.4 on school property or at a school-sponsored activity. A schooladministrator, pursuant to school board policy, or a school board may,however, determine, based on the facts of a particular situation, thatspecial circumstances exist and no disciplinary action or anotherdisciplinary action or another term of expulsion is appropriate. A schoolboard may promulgate guidelines for determining what constitutes specialcircumstances. In addition, a school board may, by regulation, authorize thedivision superintendent or his designee to conduct a preliminary review ofsuch cases to determine whether a disciplinary action other than expulsion isappropriate. Such regulations shall ensure that, if a determination is madethat another disciplinary action is appropriate, any such subsequentdisciplinary action is to be taken in accordance with the procedures setforth in this article.

B. The Board of Education is designated as the state education agency tocarry out the provisions of the federal Improving America's Schools Act of1994, and shall administer the funds to be appropriated to the Commonwealthunder this act.

C. Each school board shall revise its standards of student conduct no laterthan three months after the date on which this act becomes effective. Localschool boards requesting moneys apportioned to the Commonwealth through thefederal Improving America's Schools Act of 1994 shall submit to theDepartment of Education an application requesting such assistance.Applications for assistance shall include:

1. Documentation that the local school board has adopted and implementedstudent conduct policies in compliance with this section; and

2. A description of the circumstances pertaining to expulsions imposed underthis section, including (i) the schools from which students were expelledunder this section, (ii) the number of students expelled from each suchschool in the school division during the school year, and (iii) the types offirearms involved in the expulsions.

D. No school operating a Junior Reserve Officers Training Corps (JROTC)program shall prohibit the JROTC program from conducting marksmanshiptraining when such training is a normal element of such programs. Suchprograms may include training in the use of pneumatic guns. Theadministration of a school operating a JROTC program shall cooperate with theJROTC staff in implementing such marksmanship training.

E. As used in this section:

"Destructive device" means (i) any explosive, incendiary, or poison gas,bomb, grenade, rocket having a propellant charge of more than four ounces,missile having an explosive or incendiary charge of more than one-quarterounce, mine, or other similar device; (ii) any weapon, except a shotgun or ashotgun shell generally recognized as particularly suitable for sportingpurposes, by whatever name known that will, or may be readily converted to,expel a projectile by the action of an explosive or other propellant, andthat has any barrel with a bore of more than one-half inch in diameter thatis homemade or was not made by a duly licensed weapon manufacturer, any fullyautomatic firearm, any sawed-off shotgun or sawed-off rifle as defined in 18.2-299 or any firearm prohibited from civilian ownership by federal law;and (iii) any combination of parts either designed or intended for use inconverting any device into any destructive device described in thissubsection and from which a destructive device may be readily assembled."Destructive device" shall not include any device that is not designed orredesigned for use as a weapon, or any device originally designed for use asa weapon and that is redesigned for use as a signaling, pyrotechnic,line-throwing, safety, or other similar device, nor shall it include anyantique firearm as defined in subsection G of 18.2-308.2:2.

"Firearm" means any weapon prohibited on school property or at aschool-sponsored activity pursuant to 18.2-308.1, or any weapon, includinga starter gun, that will, or is designed or may readily be converted to,expel single or multiple projectiles by the action of an explosion of acombustible material or the frame or receiver of any such weapon. "Firearm"shall not include any pneumatic gun, as defined in subsection E of 15.2-915.4.

"One year" means 365 calendar days as required in federal regulations.

"School property" means any real property owned or leased by the schoolboard or any vehicle owned or leased by the school board or operated by or onbehalf of the school board.

F. The exemptions set out in 18.2-308 regarding concealed weapons shallapply, mutatis mutandis, to the provisions of this section. The provisions ofthis section shall not apply to persons who possess such firearm or firearmsor pneumatic guns as a part of the curriculum or other programs sponsored bythe schools in the school division or any organization permitted by theschool to use its premises or to any law-enforcement officer while engaged inhis duties as such.

G. This section shall not be construed to diminish the authority of the Boardof Education or the Governor concerning decisions on whether, or the extentto which, Virginia shall participate in the federal Improving America'sSchools Act of 1994, or to diminish the Governor's authority to coordinateand provide policy direction on official communications between theCommonwealth and the United States government.

(1995, cc. 724, 801; 1999, cc. 707, 1027; 2000, c. 523, 22.1-277.01; 2001,cc. 688, 820; 2003, cc. 843, 976; 2004, c. 930; 2006, c. 703.)