{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/22.1-329.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/22.1-329.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/22.1-329.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/22.1-329.html"}],"law_id":65915,"edition_id":1,"section_id":65915,"structure_id":13511,"section_number":"22.1-329","catch_line":"Denial, revocation or suspension of license; grounds; summary suspension under certain circumstances; penalty","history":"Code 1950, \u00a7 22-330.27; 1970, c. 665; 1977, c. 444; 1980, c. 559; 1988, c. 574; 1996, cc. 691, 832; 2004, c. 991; 2006, c. 168.","full_text":"A\n\nThe Board may refuse to issue or renew a license or may revoke or suspend the license of any school issued pursuant to this chapter for the following causes:1\n\nViolation of any provision of this chapter or any regulation of the Board;2\n\nFurnishing false, misleading or incomplete information to the Board or Department or failure to furnish any information requested by the Board or Department;3\n\nViolation of any commitment made in an application for a license;4\n\nPresenting, either by the school or by any agent of the school, to prospective students information relating to the school which is false, misleading or fraudulent;5\n\nFailing to provide or maintain premises or equipment in a safe and sanitary condition as required by law;6\n\nMaking any false promises through agents or by advertising or otherwise of a character likely to influence, persuade or induce enrollments;7\n\nPaying commission or valuable consideration to any person for any act of service performed in willful violation of this chapter;8\n\nFailing to maintain financial resources adequate for the satisfactory conduct of courses of instruction offered or to retain a sufficient or qualified instructional staff;9\n\nDemonstrating unworthiness or incompetency to conduct the school in a manner calculated to safeguard the interests of the public;10\n\nFailing within a reasonable time to provide information requested by the Board or Department as a result of a formal or informal complaint to or by the Board or Department which would indicate a violation of this chapter;11\n\nAttempting to use or employ any enrolled students in any commercial activity whereby the school receives any compensation whatsoever without reasonable remuneration to the student, except to the extent that employment of students in such activities is necessary or essential to their training and is permitted and authorized by the Board; or12\n\nEngaging in or authorizing any other conduct whether of the same or of a different character from that herein specified which constitutes fraudulent or dishonest dealings.\n\t\t\t\tThe provisions of the Administrative Process Act (§ 2.2-4000 et seq.) shall be applicable to proceedings under this subsection.B\n\nPursuant to the procedures set forth in subsection C and in addition to the authority for other disciplinary actions provided in this chapter, the Superintendent of Public Instruction may issue a summary order of suspension of the license of a residential or day school for students with disabilities, in conjunction with any proceeding for revocation, denial, or other action, when conditions or practices exist in the school that pose an immediate and substantial threat to the health, safety, and welfare of the students who are residing or attending the school and the Superintendent of Public Instruction believes the operation of the school should be suspended during the pendency of such proceeding.C\n\nThe summary order of suspension shall take effect upon its issuance and shall be served on the licensee or its designee as soon as practicable thereafter by personal service and certified mail, return receipt requested, to the address of record of the licensee. The order shall state the time, date, and location of a hearing to determine whether the suspension is appropriate. Such hearing shall be held no later than three business days after the issuance of the summary order of suspension and shall be convened by the Superintendent of Public Instruction or his designee.\n\t\t\tAfter such hearing, the Superintendent of Public Instruction may issue a final order of summary suspension or may find that such summary suspension is not warranted by the facts and circumstances presented. A final order of summary suspension shall include notice that the licensee may appeal the Superintendent of Public Instruction’s decision to the appropriate circuit court no later than 10 days following issuance of the order. The sole issue before the court shall be whether the Superintendent of Public Instruction had reasonable grounds to require the licensee to cease operations during the pendency of the concurrent revocation, denial, or other proceeding. The concurrent revocation, denial, or other proceeding shall not be affected by the outcome of any hearing on the appropriateness of the summary suspension.\n\t\t\tThe willful and material failure to comply with the summary order of suspension or final order of summary suspension shall be punishable as a Class 2 misdemeanor. The Superintendent of Public Instruction may require the cooperation of any other agency or subdivision of the Commonwealth in the relocation of students who are residents of a home or facility whose license has been summarily suspended pursuant to this section and in any other actions necessary to reduce the risk of further harm to students.","order_by":null,"text":{"0":{"id":239530,"text":"The Board may refuse to issue or renew a license or may revoke or suspend the license of any school issued pursuant to this chapter for the following causes:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":239531,"text":"Violation of any provision of this chapter or any regulation of the Board;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":239532,"text":"Furnishing false, misleading or incomplete information to the Board or Department or failure to furnish any information requested by the Board or Department;","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":239533,"text":"Violation of any commitment made in an application for a license;","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":239534,"text":"Presenting, either by the school or by any agent of the school, to prospective students information relating to the school which is false, misleading or fraudulent;","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"A5"},"5":{"id":239535,"text":"Failing to provide or maintain premises or equipment in a safe and sanitary condition as required by law;","type":"section","prefixes":["A","5"],"prefix":"5","entire_prefix":"A5","prefix_anchor":"A5","level":2,"prior_prefix":"A4","next_prefix":"A6"},"6":{"id":239536,"text":"Making any false promises through agents or by advertising or otherwise of a character likely to influence, persuade or induce enrollments;","type":"section","prefixes":["A","6"],"prefix":"6","entire_prefix":"A6","prefix_anchor":"A6","level":2,"prior_prefix":"A5","next_prefix":"A7"},"7":{"id":239537,"text":"Paying commission or valuable consideration to any person for any act of service performed in willful violation of this chapter;","type":"section","prefixes":["A","7"],"prefix":"7","entire_prefix":"A7","prefix_anchor":"A7","level":2,"prior_prefix":"A6","next_prefix":"A8"},"8":{"id":239538,"text":"Failing to maintain financial resources adequate for the satisfactory conduct of courses of instruction offered or to retain a sufficient or qualified instructional staff;","type":"section","prefixes":["A","8"],"prefix":"8","entire_prefix":"A8","prefix_anchor":"A8","level":2,"prior_prefix":"A7","next_prefix":"A9"},"9":{"id":239539,"text":"Demonstrating unworthiness or incompetency to conduct the school in a manner calculated to safeguard the interests of the public;","type":"section","prefixes":["A","9"],"prefix":"9","entire_prefix":"A9","prefix_anchor":"A9","level":2,"prior_prefix":"A8","next_prefix":"A10"},"10":{"id":239540,"text":"Failing within a reasonable time to provide information requested by the Board or Department as a result of a formal or informal complaint to or by the Board or Department which would indicate a violation of this chapter;","type":"section","prefixes":["A","10"],"prefix":"10","entire_prefix":"A10","prefix_anchor":"A10","level":2,"prior_prefix":"A9","next_prefix":"A11"},"11":{"id":239541,"text":"Attempting to use or employ any enrolled students in any commercial activity whereby the school receives any compensation whatsoever without reasonable remuneration to the student, except to the extent that employment of students in such activities is necessary or essential to their training and is permitted and authorized by the Board; or","type":"section","prefixes":["A","11"],"prefix":"11","entire_prefix":"A11","prefix_anchor":"A11","level":2,"prior_prefix":"A10","next_prefix":"A12"},"12":{"id":239542,"text":"Engaging in or authorizing any other conduct whether of the same or of a different character from that herein specified which constitutes fraudulent or dishonest dealings.\n\t\t\t\tThe provisions of the Administrative Process Act (§ 2.2-4000 et seq.) shall be applicable to proceedings under this subsection.","type":"section","prefixes":["A","12"],"prefix":"12","entire_prefix":"A12","prefix_anchor":"A12","level":2,"prior_prefix":"A11","next_prefix":"B"},"13":{"id":239543,"text":"Pursuant to the procedures set forth in subsection C and in addition to the authority for other disciplinary actions provided in this chapter, the Superintendent of Public Instruction may issue a summary order of suspension of the license of a residential or day school for students with disabilities, in conjunction with any proceeding for revocation, denial, or other action, when conditions or practices exist in the school that pose an immediate and substantial threat to the health, safety, and welfare of the students who are residing or attending the school and the Superintendent of Public Instruction believes the operation of the school should be suspended during the pendency of such proceeding.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A12","next_prefix":"C"},"14":{"id":239544,"text":"The summary order of suspension shall take effect upon its issuance and shall be served on the licensee or its designee as soon as practicable thereafter by personal service and certified mail, return receipt requested, to the address of record of the licensee. The order shall state the time, date, and location of a hearing to determine whether the suspension is appropriate. Such hearing shall be held no later than three business days after the issuance of the summary order of suspension and shall be convened by the Superintendent of Public Instruction or his designee.\n\t\t\tAfter such hearing, the Superintendent of Public Instruction may issue a final order of summary suspension or may find that such summary suspension is not warranted by the facts and circumstances presented. A final order of summary suspension shall include notice that the licensee may appeal the Superintendent of Public Instruction’s decision to the appropriate circuit court no later than 10 days following issuance of the order. The sole issue before the court shall be whether the Superintendent of Public Instruction had reasonable grounds to require the licensee to cease operations during the pendency of the concurrent revocation, denial, or other proceeding. The concurrent revocation, denial, or other proceeding shall not be affected by the outcome of any hearing on the appropriateness of the summary suspension.\n\t\t\tThe willful and material failure to comply with the summary order of suspension or final order of summary suspension shall be punishable as a Class 2 misdemeanor. The Superintendent of Public Instruction may require the cooperation of any other agency or subdivision of the Commonwealth in the relocation of students who are residents of a home or facility whose license has been summarily suspended pursuant to this section and in any other actions necessary to reduce the risk of further harm to students.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":13511,"edition_id":1,"name":"Schools for Students With Disabilities","identifier":"16","label":"chapter","depth":2,"order_by":1,"parent_id":12823,"metadata":{},"date_created":"2026-06-26 03:45:06","date_modified":"2026-06-26 03:45:06","permalink":{"id":183187,"object_type":"structure","relational_id":13511,"identifier":"16","token":"22.1\/16","url":"\/22.1\/16\/","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":83939,"structure_id":13511,"section_number":"22.1-319","catch_line":"Definitions","url":"\/22.1-319\/","token":"22.1\/16\/22.1-319","metadata":false},{"id":71180,"structure_id":13511,"section_number":"22.1-320","catch_line":"Exemptions","url":"\/22.1-320\/","token":"22.1\/16\/22.1-320","metadata":false},{"id":69299,"structure_id":13511,"section_number":"22.1-321","catch_line":"Regulations","url":"\/22.1-321\/","token":"22.1\/16\/22.1-321","metadata":false},{"id":82229,"structure_id":13511,"section_number":"22.1-321.1","catch_line":"Possession and administration of epinephrine","url":"\/22.1-321.1\/","token":"22.1\/16\/22.1-321.1","metadata":false},{"id":61563,"structure_id":13511,"section_number":"22.1-322","catch_line":"Advisory committees","url":"\/22.1-322\/","token":"22.1\/16\/22.1-322","metadata":false},{"id":61354,"structure_id":13511,"section_number":"22.1-323","catch_line":"Licenses generally","url":"\/22.1-323\/","token":"22.1\/16\/22.1-323","metadata":false},{"id":67304,"structure_id":13511,"section_number":"22.1-323.1","catch_line":"Provisional and conditional licenses","url":"\/22.1-323.1\/","token":"22.1\/16\/22.1-323.1","metadata":false},{"id":60945,"structure_id":13511,"section_number":"22.1-323.2","catch_line":"Licensure of services delivered in group homes and residential facilities for children","url":"\/22.1-323.2\/","token":"22.1\/16\/22.1-323.2","metadata":false},{"id":57959,"structure_id":13511,"section_number":"22.1-324","catch_line":"Application for license; information required; student guaranty provisions","url":"\/22.1-324\/","token":"22.1\/16\/22.1-324","metadata":false},{"id":54477,"structure_id":13511,"section_number":"22.1-325","catch_line":"Application to contain certain commitments","url":"\/22.1-325\/","token":"22.1\/16\/22.1-325","metadata":false},{"id":60577,"structure_id":13511,"section_number":"22.1-326","catch_line":"License restricted to specific disability categories; supplementary application","url":"\/22.1-326\/","token":"22.1\/16\/22.1-326","metadata":false},{"id":64734,"structure_id":13511,"section_number":"22.1-326.1","catch_line":"Repealed","url":"\/22.1-326.1\/","token":"22.1\/16\/22.1-326.1","metadata":false},{"id":54934,"structure_id":13511,"section_number":"22.1-327","catch_line":"Fees","url":"\/22.1-327\/","token":"22.1\/16\/22.1-327","metadata":false},{"id":84574,"structure_id":13511,"section_number":"22.1-328","catch_line":"Renewal of licenses","url":"\/22.1-328\/","token":"22.1\/16\/22.1-328","metadata":false},{"id":65915,"structure_id":13511,"section_number":"22.1-329","catch_line":"Denial, revocation or suspension of license; grounds; summary suspension under certain circumstances; penalty","url":"\/22.1-329\/","token":"22.1\/16\/22.1-329","metadata":false},{"id":77389,"structure_id":13511,"section_number":"22.1-330","catch_line":"Same; investigation; time within which to correct unsatisfactory conditions","url":"\/22.1-330\/","token":"22.1\/16\/22.1-330","metadata":false},{"id":75996,"structure_id":13511,"section_number":"22.1-331","catch_line":"Violations","url":"\/22.1-331\/","token":"22.1\/16\/22.1-331","metadata":false},{"id":85208,"structure_id":13511,"section_number":"22.1-332","catch_line":"List of schools holding valid licenses","url":"\/22.1-332\/","token":"22.1\/16\/22.1-332","metadata":false},{"id":84411,"structure_id":13511,"section_number":"22.1-333","catch_line":"Repealed","url":"\/22.1-333\/","token":"22.1\/16\/22.1-333","metadata":false}],"previous_section":{"id":84574,"structure_id":13511,"section_number":"22.1-328","catch_line":"Renewal of licenses","url":"\/22.1-328\/","token":"22.1\/16\/22.1-328","metadata":false},"next_section":{"id":77389,"structure_id":13511,"section_number":"22.1-330","catch_line":"Same; investigation; time within which to correct unsatisfactory conditions","url":"\/22.1-330\/","token":"22.1\/16\/22.1-330","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/22.1-329\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 7 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 1970, chapter 665; in 1977, chapter 444; in 1980, chapter 559; in 1988, chapter 574; in 1996, chapters 691<\/a> and 832<\/a>; in 2004, chapter 991<\/a>; in 2006, chapter 168<\/a>.<\/p>","references":false,"refers_to":[{"id":86911,"section_number":"2.2-4000","catch_line":"Short title; purpose","order_by":null,"url":"\/2.2-4000\/"}],"permalink":{"id":183245,"object_type":"law","relational_id":65915,"identifier":"22.1-329","token":"22.1\/16\/22.1-329","url":"\/22.1-329\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/22.1-329\/","token":"22.1\/16\/22.1-329","dublin_core":{"Title":"Denial, revocation or suspension of license; grounds; summary suspension under certain circumstances; penalty","Type":"Text","Format":"text\/html","Identifier":"\u00a7 22.1-329","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The Board<\/span> may refuse to issue<\/span> or renew a license or may revoke or suspend the license of any school<\/span> issued pursuant to this chapter for the following causes: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Violation of any provision of this chapter or any regulation of the Board<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Furnishing false, misleading or incomplete information to the Board<\/span> or Department<\/span> or failure to furnish any information requested by the Board<\/span> or Department<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Violation of any commitment made in an application for a license; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Presenting, either by the school<\/span> or by any agent of the school<\/span>, to prospective students information relating to the school<\/span> which is false, misleading or fraudulent; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Failing to provide or maintain premises or equipment in a safe and sanitary condition as required by law<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Making any false promises through agents or by advertising or otherwise of a character likely to influence, persuade or induce enrollments; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> Paying commission or valuable consideration to any person<\/span> for any act of service performed in willful violation of this chapter; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> Failing to maintain financial resources adequate for the satisfactory conduct of courses of instruction offered or to retain a sufficient or qualified instructional staff; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

9.<\/span> Demonstrating unworthiness or incompetency to conduct the school<\/span> in a manner calculated to safeguard the interests of the public; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

10.<\/span> Failing within a reasonable time to provide information requested by the Board<\/span> or Department<\/span> as a result of a formal or informal complaint to or by the Board<\/span> or Department<\/span> which would indicate a violation of this chapter; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

11.<\/span> Attempting to use or employ any enrolled students in any commercial activity whereby the school<\/span> receives any compensation whatsoever without reasonable remuneration to the student, except to the extent that employment of students in such activities is necessary or essential to their training and is permitted and authorized by the Board<\/span>; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

12.<\/span> Engaging in or authorizing any other conduct whether of the same or of a different character from that herein specified which constitutes fraudulent or dishonest dealings.\n\t\t\t\tThe provisions of the Administrative Process Act (§ 2.2-4000<\/a> et seq.) shall be applicable to proceedings under this subsection. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Pursuant to the procedures set forth in subsection C and in addition to the authority for other disciplinary actions provided in this chapter, the Superintendent<\/span> of Public Instruction may issue<\/span> a summary order<\/span> of suspension of the license of a residential or day school for students with disabilities<\/span>, in conjunction with any proceeding for revocation<\/span>, denial, or other action, when conditions or practices exist in the school that pose an immediate and substantial threat to the health, safety, and welfare of the students who are residing or attending the school and the Superintendent<\/span> of Public Instruction believes the operation of the school should be suspended during the pendency of such proceeding. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The summary order of suspension shall take effect upon its issuance and shall be served on the licensee or its designee as soon as practicable thereafter by personal service and certified mail, return receipt requested, to the address of record of the licensee. The order shall state the time, date, and location of a hearing<\/span> to determine whether the suspension is appropriate. Such hearing<\/span> shall be held no later than three business days after the issuance of the summary order of suspension and shall be convened by the Superintendent<\/span> of Public Instruction or his designee.\n\t\t\tAfter such hearing<\/span>, the Superintendent<\/span> of Public Instruction may issue<\/span> a final order<\/span> of summary suspension or may find that such summary suspension is not warranted by the facts<\/span> and circumstances presented. A final order<\/span> of summary suspension shall include notice that the licensee may appeal<\/span> the Superintendent<\/span> of Public Instruction’s decision to the appropriate circuit<\/span> court<\/span> no later than 10 days following issuance of the order. The sole issue<\/span> before the court<\/span> shall be whether the Superintendent<\/span> of Public Instruction had reasonable grounds to require the licensee to cease operations during the pendency of the concurrent revocation<\/span>, denial, or other proceeding. The concurrent revocation<\/span>, denial, or other proceeding shall not be affected by the outcome of any hearing<\/span> on the appropriateness of the summary suspension.\n\t\t\tThe willful and material<\/span> failure to comply with the summary order of suspension or final order<\/span> of summary suspension shall be punishable as a Class 2 misdemeanor<\/span>. The Superintendent<\/span> of Public Instruction may require the cooperation of any other agency or subdivision of the Commonwealth in the relocation of students who are residents of a home or facility whose license has been summarily suspended pursuant to this section and in any other actions necessary to reduce the risk of further harm to students. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDENIAL, REVOCATION OR SUSPENSION OF LICENSE; GROUNDS; SUMMARY SUSPENSION UNDER\nCERTAIN CIRCUMSTANCES; PENALTY (\u00a7 22.1-329)\n\nA. The Board may refuse to issue or renew a license or may revoke or suspend the\nlicense of any school issued pursuant to this chapter for the following causes:\n\n 1. Violation of any provision of this chapter or any regulation of the Board;\n\n 2. Furnishing false, misleading or incomplete information to the Board or\n Department or failure to furnish any information requested by the Board or\n Department;\n\n 3. Violation of any commitment made in an application for a license;\n\n 4. Presenting, either by the school or by any agent of the school, to\n prospective students information relating to the school which is false,\n misleading or fraudulent;\n\n 5. Failing to provide or maintain premises or equipment in a safe and sanitary\n condition as required by law;\n\n 6. Making any false promises through agents or by advertising or otherwise of\n a character likely to influence, persuade or induce enrollments;\n\n 7. Paying commission or valuable consideration to any person for any act of\n service performed in willful violation of this chapter;\n\n 8. Failing to maintain financial resources adequate for the satisfactory\n conduct of courses of instruction offered or to retain a sufficient or\n qualified instructional staff;\n\n 9. Demonstrating unworthiness or incompetency to conduct the school in a\n manner calculated to safeguard the interests of the public;\n\n 10. Failing within a reasonable time to provide information requested by the\n Board or Department as a result of a formal or informal complaint to or by the\n Board or Department which would indicate a violation of this chapter;\n\n 11. Attempting to use or employ any enrolled students in any commercial\n activity whereby the school receives any compensation whatsoever without\n reasonable remuneration to the student, except to the extent that employment\n of students in such activities is necessary or essential to their training and\n is permitted and authorized by the Board; or\n\n 12. Engaging in or authorizing any other conduct whether of the same or of a\n different character from that herein specified which constitutes fraudulent or\n dishonest dealings.\n \t\t\t\tThe provisions of the Administrative Process Act (§ 2.2-4000 et seq.)\n shall be applicable to proceedings under this subsection.\n\nB. Pursuant to the procedures set forth in subsection C and in addition to the\nauthority for other disciplinary actions provided in this chapter, the\nSuperintendent of Public Instruction may issue a summary order of suspension of\nthe license of a residential or day school for students with disabilities, in\nconjunction with any proceeding for revocation, denial, or other action, when\nconditions or practices exist in the school that pose an immediate and\nsubstantial threat to the health, safety, and welfare of the students who are\nresiding or attending the school and the Superintendent of Public Instruction\nbelieves the operation of the school should be suspended during the pendency of\nsuch proceeding.\n\nC. The summary order of suspension shall take effect upon its issuance and shall\nbe served on the licensee or its designee as soon as practicable thereafter by\npersonal service and certified mail, return receipt requested, to the address of\nrecord of the licensee. The order shall state the time, date, and location of a\nhearing to determine whether the suspension is appropriate. Such hearing shall\nbe held no later than three business days after the issuance of the summary\norder of suspension and shall be convened by the Superintendent of Public\nInstruction or his designee.\n\t\t\tAfter such hearing, the Superintendent of Public Instruction may issue a\nfinal order of summary suspension or may find that such summary suspension is\nnot warranted by the facts and circumstances presented. A final order of summary\nsuspension shall include notice that the licensee may appeal the Superintendent\nof Public Instruction’s decision to the appropriate circuit court no later\nthan 10 days following issuance of the order. The sole issue before the court\nshall be whether the Superintendent of Public Instruction had reasonable grounds\nto require the licensee to cease operations during the pendency of the\nconcurrent revocation, denial, or other proceeding. The concurrent revocation,\ndenial, or other proceeding shall not be affected by the outcome of any hearing\non the appropriateness of the summary suspension.\n\t\t\tThe willful and material failure to comply with the summary order of\nsuspension or final order of summary suspension shall be punishable as a Class 2\nmisdemeanor. The Superintendent of Public Instruction may require the\ncooperation of any other agency or subdivision of the Commonwealth in the\nrelocation of students who are residents of a home or facility whose license has\nbeen summarily suspended pursuant to this section and in any other actions\nnecessary to reduce the risk of further harm to students.\n\nHISTORY: Code 1950, \u00a7 22-330.27; 1970, c. 665; 1977, c. 444; 1980, c. 559;\n1988, c. 574; 1996, cc. 691, 832; 2004, c. 991; 2006, c. 168.","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}}