2006 Code of Virginia § 63.2-1511 - Complaints of abuse and neglect against school personnel; interagency agreement

63.2-1511. Complaints of abuse and neglect against school personnel;interagency agreement.

A. If a teacher, principal or other person employed by a local school boardor employed in a school operated by the Commonwealth is suspected of abusingor neglecting a child in the course of his educational employment, thecomplaint shall be investigated in accordance with 63.2-1503, 63.2-1505and 63.2-1516.1. Pursuant to 22.1-279.1, no teacher, principal or otherperson employed by a school board or employed in a school operated by theCommonwealth shall subject a student to corporal punishment. However, thisprohibition of corporal punishment shall not be deemed to prevent (i) the useof incidental, minor or reasonable physical contact or other actions designedto maintain order and control; (ii) the use of reasonable and necessary forceto quell a disturbance or remove a student from the scene of a disturbancethat threatens physical injury to persons or damage to property; (iii) theuse of reasonable and necessary force to prevent a student from inflictingphysical harm on himself; (iv) the use of reasonable and necessary force forself-defense or the defense of others; or (v) the use of reasonable andnecessary force to obtain possession of weapons or other dangerous objects orcontrolled substances or paraphernalia that are upon the person of thestudent or within his control. In determining whether the actions of ateacher, principal or other person employed by a school board or employed ina school operated by the Commonwealth are within the exceptions provided inthis section, the local department shall examine whether the actions at thetime of the event that were made by such person were reasonable.

B. For purposes of this section, "corporal punishment," "abuse," or"neglect" shall not include physical pain, injury or discomfort caused bythe use of incidental, minor or reasonable physical contact or other actionsdesigned to maintain order and control as permitted in clause (i) ofsubsection A or the use of reasonable and necessary force as permitted byclauses (ii), (iii), (iv), and (v) of subsection A, or by participation inpractice or competition in an interscholastic sport, or participation inphysical education or an extracurricular activity.

C. If, after an investigation of a complaint under this section, the localdepartment determines that the actions or omissions of a teacher, principal,or other person employed by a local school board or employed in a schooloperated by the Commonwealth were within such employee's scope of employmentand were taken in good faith in the course of supervision, care, ordiscipline of students, then the standard in determining if a report of abuseor neglect is founded is whether such acts or omissions constituted grossnegligence or willful misconduct.

D. Each local department and local school division shall adopt a writteninteragency agreement as a protocol for investigating child abuse and neglectreports against school personnel. The interagency agreement shall be based onrecommended procedures for conducting investigations developed by theDepartments of Education and Social Services.

(2001, c. 588, 63.1-248.4:1; 2002, c. 747; 2003, cc. 986, 1013; 2005, cc.767, 806.)