                                 CODE OF VIRGINIA

LONG-TERM SUSPENSIONS; PROCEDURES; READMISSION (§ 22.1-277.05)

A. A pupil may be suspended from attendance at school for 11 to 45 school days
after providing written notice to the pupil and his parent of the proposed
action and the reasons therefor and of the right to a hearing before the school
board, or a committee thereof, or the superintendent or his designee, in
accordance with regulations of the school board. If the regulations provide for
a hearing by the superintendent or his designee, the regulations shall also
provide for an appeal of the decision to the full school board. Such appeal
shall be decided by the school board within 30 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 or disapprove
the suspension of a student. Any such committee of the school board shall be
composed of at least three members. If the committee&#8217;s decision is not
unanimous, the pupil or his parent may appeal the committee&#8217;s decision to
the full school board. Such appeal shall be decided by the school board within
30 days.

B. A school board shall include in the written notice of a suspension for 11 to
45 school days required by this section notification of the length of the
suspension. In the case of a suspension for 11 to 45 school days, such written
notice shall provide information concerning the availability of community-based
educational, alternative education, or intervention programs. Such notice shall
also state that the student is eligible to return to regular school attendance
upon the expiration of the suspension or to attend an appropriate alternative
education program approved by the school board during or upon the expiration of
the suspension. The costs of any community-based educational, alternative
education, or intervention program that is not a part of the educational program
offered by the school division that the student may attend during his suspension
shall be borne by the parent of the student.
			Nothing in this section shall be construed to prohibit the school board from
permitting or requiring students suspended pursuant to this section to attend an
alternative education program provided by the school board for the term of such
suspension.
			School boards shall adopt policies and procedures to ensure that suspended
students are able to access and complete graded work during and after the
suspension.

C. Notwithstanding the provisions of subsections A and B, a long-term suspension
may extend beyond a 45-school-day period but shall not exceed 364 calendar days
if (i) the offense is one described in &#xA7; 22.1-277.07 or 22.1-277.08 or
involves serious bodily injury or (ii) the school board or division
superintendent or his designee finds that aggravating circumstances exist, as
defined by the Department. Such definition shall include a consideration of a
student&#8217;s disciplinary history.

HISTORY: 1998, c. 806, § 22.1-277.03; 2001, cc. 688, 820; 2018, c. 491; 2020,
c. 337.