                                 CODE OF VIRGINIA

AUTHORITY TO EXCLUDE STUDENTS UNDER CERTAIN CIRCUMSTANCES; PETITION FOR
READMISSION; ALTERNATIVE EDUCATION PROGRAM (§ 22.1-277.2)

A. 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or in another state or for whom admission has been withdrawn by a private school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.
			In the case of a suspension of more than thirty days, the term of the
exclusion may not exceed the duration of such suspension.
			In 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 &#xA7;
22.1-277.06. The excluding school board shall not impose additional conditions
for readmission to school.
			If 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. 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.

C. 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.

D. 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.

HISTORY: 1993, c. 889; 1994, c. 709; 1996, c. 190; 1997, cc. 585, 608, 728;
2001, cc. 669, 688, 820.