{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/22.1-277.2.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/22.1-277.2.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/22.1-277.2.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/22.1-277.2.html"}],"law_id":85416,"edition_id":1,"section_id":85416,"structure_id":13097,"section_number":"22.1-277.2","catch_line":"Authority to exclude students under certain circumstances; petition for readmission; alternative education program","history":"1993, c. 889; 1994, c. 709; 1996, c. 190; 1997, cc. 585, 608, 728; 2001, cc. 669, 688, 820.","full_text":"A\n\nA student, who has been expelled or suspended for more than thirty days from attendance at school by a school board or a private school in this Commonwealth or in another state or for whom admission has been withdrawn by a private school in this Commonwealth or in another state may be excluded from attendance by a local school board in Virginia, regardless of whether such student has been admitted to another school division or private school in the Commonwealth or in another state subsequent to such expulsion, suspension, or withdrawal of admission upon a finding that the student presents a danger to the other students or staff of the school division after (i) written notice to the student and his parent that the student may be subject to exclusion, the reasons therefor, and, in the event of such exclusion, of the right to appeal the decision at a hearing before the school board or a committee thereof; and (ii) a review of the case has been conducted by the division superintendent or his designee and exclusion has been recommended.\n\t\t\tIn the case of a suspension of more than thirty days, the term of the exclusion may not exceed the duration of such suspension.\n\t\t\tIn excluding any such expelled student from school attendance, the local school board may accept or waive any or all of any conditions for readmission imposed upon such student by the expelling school board pursuant to § 22.1-277.06. The excluding school board shall not impose additional conditions for readmission to school.\n\t\t\tIf the decision by the superintendent or his designee to exclude has been appealed to a committee of the school board, the student or his parent shall be provided written notice of the right to appeal the decision to the full board, which shall, within thirty days following any such hearing, in the case of an expulsion or withdrawal of admission and, in the case of a suspension of more than thirty days, within fifteen days following any such hearing, notify in writing the student or his parent of its decision.B\n\nIn lieu of the procedures established in subsection A, a school board may adopt regulations providing that a student may be excluded from attendance after (i) written notice to the student and his parent that the student may be subject to exclusion, including the reasons therefor, and notice of the opportunity for the student or his parent to participate in a hearing to be conducted by the division superintendent or his designee regarding such exclusion; and (ii) a hearing of the case has been conducted by the division superintendent or his designee, and the decision has been to exclude the student from attendance. The decision of the superintendent or his designee to exclude shall be final unless altered by the school board, upon timely written petition, as established in regulation, of the student so excluded or his parent, for a review of the record by the school board.C\n\nUpon the expiration of the exclusion period for an expulsion or a withdrawal of admission, which period shall be established by the school board, committee thereof, or superintendent or his designee, as the case may be, at the relevant hearing, the student may re-petition the school board for admission. If the petition for admission is rejected, the school board shall identify the length of the continuing exclusion period and the subsequent date upon which such student may re-petition the school board for admission.D\n\nThe school board may permit students excluded pursuant to this section to attend an alternative education program provided by the school board for the term of such exclusion.","order_by":null,"text":{"0":{"id":305997,"text":"A student, who has been expelled or suspended for more than thirty days from attendance at school by a school board or a private school in this Commonwealth or in another state or for whom admission has been withdrawn by a private school in this Commonwealth or in another state may be excluded from attendance by a local school board in Virginia, regardless of whether such student has been admitted to another school division or private school in the Commonwealth or in another state subsequent to such expulsion, suspension, or withdrawal of admission upon a finding that the student presents a danger to the other students or staff of the school division after (i) written notice to the student and his parent that the student may be subject to exclusion, the reasons therefor, and, in the event of such exclusion, of the right to appeal the decision at a hearing before the school board or a committee thereof; and (ii) a review of the case has been conducted by the division superintendent or his designee and exclusion has been recommended.\n\t\t\tIn the case of a suspension of more than thirty days, the term of the exclusion may not exceed the duration of such suspension.\n\t\t\tIn excluding any such expelled student from school attendance, the local school board may accept or waive any or all of any conditions for readmission imposed upon such student by the expelling school board pursuant to § 22.1-277.06. The excluding school board shall not impose additional conditions for readmission to school.\n\t\t\tIf the decision by the superintendent or his designee to exclude has been appealed to a committee of the school board, the student or his parent shall be provided written notice of the right to appeal the decision to the full board, which shall, within thirty days following any such hearing, in the case of an expulsion or withdrawal of admission and, in the case of a suspension of more than thirty days, within fifteen days following any such hearing, notify in writing the student or his parent of its decision.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":305998,"text":"In lieu of the procedures established in subsection A, a school board may adopt regulations providing that a student may be excluded from attendance after (i) written notice to the student and his parent that the student may be subject to exclusion, including the reasons therefor, and notice of the opportunity for the student or his parent to participate in a hearing to be conducted by the division superintendent or his designee regarding such exclusion; and (ii) a hearing of the case has been conducted by the division superintendent or his designee, and the decision has been to exclude the student from attendance. The decision of the superintendent or his designee to exclude shall be final unless altered by the school board, upon timely written petition, as established in regulation, of the student so excluded or his parent, for a review of the record by the school board.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":305999,"text":"Upon the expiration of the exclusion period for an expulsion or a withdrawal of admission, which period shall be established by the school board, committee thereof, or superintendent or his designee, as the case may be, at the relevant hearing, the student may re-petition the school board for admission. If the petition for admission is rejected, the school board shall identify the length of the continuing exclusion period and the subsequent date upon which such student may re-petition the school board for admission.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":306000,"text":"The school board may permit students excluded pursuant to this section to attend an alternative education program provided by the school board for the term of such exclusion.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":13097,"edition_id":1,"name":"Discipline","identifier":"3","label":"article","depth":3,"order_by":1,"parent_id":12850,"metadata":{},"date_created":"2026-06-26 03:44:17","date_modified":"2026-06-26 03:44:17","permalink":{"id":182375,"object_type":"structure","relational_id":13097,"identifier":"3","token":"22.1\/14\/3","url":"\/22.1\/14\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12850,"edition_id":1,"name":"Pupils","identifier":"14","label":"chapter","depth":2,"order_by":1,"parent_id":12823,"metadata":{},"date_created":"2026-06-26 03:43:56","date_modified":"2026-06-26 03:43:56","permalink":{"id":182133,"object_type":"structure","relational_id":12850,"identifier":"14","token":"22.1\/14","url":"\/22.1\/14\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12823,"edition_id":1,"name":"Education","identifier":"22.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:55","date_modified":"2026-06-26 03:43:55","permalink":{"id":180949,"object_type":"structure","relational_id":12823,"identifier":"22.1","token":"22.1","url":"\/22.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":84373,"structure_id":13097,"section_number":"22.1-276","catch_line":"Repealed","url":"\/22.1-276\/","token":"22.1\/14\/3\/22.1-276","metadata":false},{"id":77797,"structure_id":13097,"section_number":"22.1-276.01","catch_line":"Definitions","url":"\/22.1-276.01\/","token":"22.1\/14\/3\/22.1-276.01","metadata":false},{"id":59130,"structure_id":13097,"section_number":"22.1-276.1","catch_line":"Expired","url":"\/22.1-276.1\/","token":"22.1\/14\/3\/22.1-276.1","metadata":false},{"id":59973,"structure_id":13097,"section_number":"22.1-276.2","catch_line":"Removal of students from classes","url":"\/22.1-276.2\/","token":"22.1\/14\/3\/22.1-276.2","metadata":false},{"id":67307,"structure_id":13097,"section_number":"22.1-276.3","catch_line":"Ineligibility of students to compete in athletic competitions","url":"\/22.1-276.3\/","token":"22.1\/14\/3\/22.1-276.3","metadata":false},{"id":87441,"structure_id":13097,"section_number":"22.1-277","catch_line":"Suspensions and expulsions of students generally","url":"\/22.1-277\/","token":"22.1\/14\/3\/22.1-277","metadata":false},{"id":60099,"structure_id":13097,"section_number":"22.1-277.01","catch_line":"Repealed","url":"\/22.1-277.01\/","token":"22.1\/14\/3\/22.1-277.01","metadata":false},{"id":56964,"structure_id":13097,"section_number":"22.1-277.04","catch_line":"Short-term suspension; 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This law was first created in 1993. The record of its establishment is cataloged in chapter 889 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1993 \u201cActs\u201d aren\u2019t available online. It has been modified 4 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1994, chapter 709<\/a>; in 1996, chapter 190<\/a>; in 1997, chapters 585<\/a>, 608<\/a>, and 728<\/a>; in 2001, chapters 669<\/a>, 688<\/a>, and 820<\/a>.<\/p>","references":[{"id":64677,"section_number":"22.1-254","catch_line":"Compulsory attendance required; excuses and waivers; alternative education program attendance; exemptions from article","order_by":null,"url":"\/22.1-254\/"},{"id":77797,"section_number":"22.1-276.01","catch_line":"Definitions","order_by":null,"url":"\/22.1-276.01\/"},{"id":57854,"section_number":"22.1-360","catch_line":"Interstate Compact on Educational Opportunity for Military Children","order_by":null,"url":"\/22.1-360\/"},{"id":86900,"section_number":"22.1-378","catch_line":"Eligibility for enrollment","order_by":null,"url":"\/22.1-378\/"}],"refers_to":[{"id":68982,"section_number":"22.1-277.06","catch_line":"Expulsions; procedures; readmission","order_by":null,"url":"\/22.1-277.06\/"}],"permalink":{"id":182433,"object_type":"law","relational_id":85416,"identifier":"22.1-277.2","token":"22.1\/14\/3\/22.1-277.2","url":"\/22.1-277.2\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/22.1-277.2\/","token":"22.1\/14\/3\/22.1-277.2","dublin_core":{"Title":"Authority to exclude students under certain circumstances; petition for readmission; alternative education program","Type":"Text","Format":"text\/html","Identifier":"\u00a7 22.1-277.2","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> A student, who has been expelled or suspended for more than thirty days from attendance at school by a school board<\/span> or a private school in this Commonwealth or in another state or for whom admission has been withdrawn by a private school in this Commonwealth or in another state may be excluded from attendance by a local school board<\/span> in Virginia, regardless of whether such student has been admitted to another school division or private school in the Commonwealth or in another state subsequent to such expulsion, suspension, or withdrawal of admission upon a finding<\/span> that the student presents a danger to the other students or staff of the school division after (i) written notice to the student and his parent<\/span> that the student may be subject to exclusion, the reasons therefor, and, in the event of such exclusion, of the right to appeal<\/span> the decision at a hearing<\/span> before the school board<\/span> or a committee thereof; and (ii) a review of the case has been conducted by the division superintendent<\/span> or his designee and exclusion has been recommended.\n\t\t\tIn the case of a suspension of more than thirty days, the term of the exclusion may not exceed the duration of such suspension.\n\t\t\tIn excluding any such expelled student from school attendance, the local school board<\/span> may accept or waive<\/span> any or all of any conditions for readmission imposed upon such student by the expelling school board<\/span> pursuant to § 22.1-277.06<\/a>. The excluding school board<\/span> shall not impose additional conditions for readmission to school.\n\t\t\tIf the decision by the superintendent or his designee to exclude has been appealed to a committee of the school board<\/span>, the student or his parent<\/span> shall be provided written notice of the right to appeal<\/span> the decision to the full board, which shall, within thirty days following any such hearing<\/span>, in the case of an expulsion or withdrawal of admission and, in the case of a suspension of more than thirty days, within fifteen days following any such hearing<\/span>, notify in writing the student or his parent<\/span> of its decision. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> In lieu of the procedures established in subsection A, a school board<\/span> may adopt regulations providing that a student may be excluded from attendance after (i) written notice to the student and his parent<\/span> that the student may be subject to exclusion, including the reasons therefor, and notice of the opportunity for the student or his parent<\/span> to participate in a hearing<\/span> to be conducted by the division superintendent<\/span> or his designee regarding such exclusion; and (ii) a hearing<\/span> of the case has been conducted by the division superintendent<\/span> or his designee, and the decision has been to exclude the student from attendance. The decision of the superintendent or his designee to exclude shall be final unless altered by the school board<\/span>, upon timely written petition<\/span>, as established in regulation, of the student so excluded or his parent<\/span>, for a review of the record by the school board<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Upon the expiration of the exclusion period for an expulsion or a withdrawal of admission, which period shall be established by the school board<\/span>, committee thereof, or superintendent or his designee, as the case may be, at the relevant hearing<\/span>, the student may re-petition<\/span> the school board<\/span> for admission. If the petition<\/span> for admission is rejected, the school board<\/span> shall identify the length of the continuing exclusion period and the subsequent date upon which such student may re-petition<\/span> the school board<\/span> for admission. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The school board<\/span> may permit students excluded pursuant to this section to attend an alternative education program provided by the school board<\/span> for the term of such exclusion. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nAUTHORITY TO EXCLUDE STUDENTS UNDER CERTAIN CIRCUMSTANCES; PETITION FOR\nREADMISSION; ALTERNATIVE EDUCATION PROGRAM (\u00a7 22.1-277.2)\n\nA. A student, who has been expelled or suspended for more than thirty days from\nattendance at school by a school board or a private school in this Commonwealth\nor in another state or for whom admission has been withdrawn by a private school\nin this Commonwealth or in another state may be excluded from attendance by a\nlocal school board in Virginia, regardless of whether such student has been\nadmitted to another school division or private school in the Commonwealth or in\nanother state subsequent to such expulsion, suspension, or withdrawal of\nadmission upon a finding that the student presents a danger to the other\nstudents or staff of the school division after (i) written notice to the student\nand his parent that the student may be subject to exclusion, the reasons\ntherefor, and, in the event of such exclusion, of the right to appeal the\ndecision at a hearing before the school board or a committee thereof; and (ii) a\nreview of the case has been conducted by the division superintendent or his\ndesignee and exclusion has been recommended.\n\t\t\tIn the case of a suspension of more than thirty days, the term of the\nexclusion may not exceed the duration of such suspension.\n\t\t\tIn excluding any such expelled student from school attendance, the local\nschool board may accept or waive any or all of any conditions for readmission\nimposed upon such student by the expelling school board pursuant to §\n22.1-277.06. The excluding school board shall not impose additional conditions\nfor readmission to school.\n\t\t\tIf the decision by the superintendent or his designee to exclude has been\nappealed to a committee of the school board, the student or his parent shall be\nprovided written notice of the right to appeal the decision to the full board,\nwhich shall, within thirty days following any such hearing, in the case of an\nexpulsion or withdrawal of admission and, in the case of a suspension of more\nthan thirty days, within fifteen days following any such hearing, notify in\nwriting the student or his parent of its decision.\n\nB. In lieu of the procedures established in subsection A, a school board may\nadopt regulations providing that a student may be excluded from attendance after\n(i) written notice to the student and his parent that the student may be subject\nto exclusion, including the reasons therefor, and notice of the opportunity for\nthe student or his parent to participate in a hearing to be conducted by the\ndivision superintendent or his designee regarding such exclusion; and (ii) a\nhearing of the case has been conducted by the division superintendent or his\ndesignee, and the decision has been to exclude the student from attendance. The\ndecision of the superintendent or his designee to exclude shall be final unless\naltered by the school board, upon timely written petition, as established in\nregulation, of the student so excluded or his parent, for a review of the record\nby the school board.\n\nC. Upon the expiration of the exclusion period for an expulsion or a withdrawal\nof admission, which period shall be established by the school board, committee\nthereof, or superintendent or his designee, as the case may be, at the relevant\nhearing, the student may re-petition the school board for admission. If the\npetition for admission is rejected, the school board shall identify the length\nof the continuing exclusion period and the subsequent date upon which such\nstudent may re-petition the school board for admission.\n\nD. The school board may permit students excluded pursuant to this section to\nattend an alternative education program provided by the school board for the\nterm of such exclusion.\n\nHISTORY: 1993, c. 889; 1994, c. 709; 1996, c. 190; 1997, cc. 585, 608, 728;\n2001, cc. 669, 688, 820.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}