                                 CODE OF VIRGINIA

SUSPENSIONS AND EXPULSIONS OF STUDENTS GENERALLY (§ 22.1-277)

A. Students may be suspended or expelled from attendance at school for
sufficient cause; however, in no cases may sufficient cause for suspensions
include only instances of truancy or only a violation of any student cell phone
and smart device possession and use policy developed and implemented pursuant to
&#xA7; 22.1-79.3:1.

B. Except as provided in subsection C or &#xA7; 22.1-277.07 or 22.1-277.08, no
student in preschool through grade three shall be suspended for more than three
school days or expelled from attendance at school, unless (i) the offense
involves physical harm or credible threat of physical harm to others or (ii) the
local school board or the division superintendent or his designee finds that
aggravating circumstances exist, as defined by the Department.

C. Any student for whom the division superintendent of the school division in
which such student is enrolled has received a report pursuant to &#xA7;
16.1-305.1 of an adjudication of delinquency or a conviction for an offense
listed in subsection G of &#xA7; 16.1-260 may be suspended or expelled from
school attendance pursuant to this article.

D. The authority provided in &#xA7; 22.1-276.2 for teachers to remove students
from their classes in certain instances of disruptive behavior shall not be
interpreted to affect the operation of &#xA7; 22.1-277.04, 22.1-277.05, or
22.1-277.06.

E. Notwithstanding the provisions of &#xA7; 22.1-277.08, no school board shall
be required to suspend or expel any student who holds a valid written
certification for the use of cannabis oil issued by a practitioner in accordance
with &#xA7; 4.1-1601 for the possession or use of such oil in accordance with
the student&#8217;s individualized health plan and in compliance with a policy
adopted by the school board.

HISTORY: Code 1950, §§ 22-230.1, 22-230.2; 1972, c. 604; 1980, c. 559; 1984,
c. 415; 1997, cc. 371, 585, 608, 734, 830; 1998, cc. 355, 379, § 22.1-277.02;
2001, cc. 688, 820; 2003, c. 119; 2009, c. 70; 2018, c. 585; 2019, cc. 573, 574;
2023, cc. 740, 773; 2025, cc. 606, 644.