                                 CODE OF VIRGINIA

COMPLAINTS OF ABUSE AND NEGLECT AGAINST SCHOOL PERSONNEL; INTERAGENCY AGREEMENT
(§ 63.2-1511)

A. If a teacher, principal or other person employed by a local school board or
employed in a school operated by the Commonwealth is suspected of abusing or
neglecting a child in the course of his educational employment, the complaint
shall be investigated in accordance with &#xA7;&#xA7; 63.2-1503, 63.2-1505 and
63.2-1516.1. Pursuant to &#xA7; 22.1-279.1, no teacher, principal or other
person employed by a school board or employed in a school operated by the
Commonwealth shall subject a student to corporal punishment. However, this
prohibition of corporal punishment shall not be deemed to prevent (i) the use of
incidental, minor or reasonable physical contact or other actions designed to
maintain order and control; (ii) the use of reasonable and necessary force to
quell a disturbance or remove a student from the scene of a disturbance that
threatens physical injury to persons or damage to property; (iii) the use of
reasonable and necessary force to prevent a student from inflicting physical
harm on himself; (iv) the use of reasonable and necessary force for self-defense
or the defense of others; or (v) the use of reasonable and necessary force to
obtain possession of weapons or other dangerous objects or controlled substances
or paraphernalia that are upon the person of the student or within his control.
In determining whether the actions of a teacher, principal or other person
employed by a school board or employed in a school operated by the Commonwealth
are within the exceptions provided in this section, the local department shall
examine whether the actions at the time of the event that were made by such
person were reasonable.

B. For purposes of this section, &#8220;corporal punishment,&#8221;
&#8220;abuse,&#8221; or &#8220;neglect&#8221; shall not include physical pain,
injury or discomfort caused by the use of incidental, minor or reasonable
physical contact or other actions designed to maintain order and control as
permitted in clause (i) of subsection A or the use of reasonable and necessary
force as permitted by clauses (ii), (iii), (iv), and (v) of subsection A, or by
participation in practice or competition in an interscholastic sport, or
participation in physical education or an extracurricular activity.

C. If, after an investigation of a complaint under this section, the local
department determines that the actions or omissions of a teacher, principal, or
other person employed by a local school board or employed in a school operated
by the Commonwealth were within such employee&#8217;s scope of employment and
were taken in good faith in the course of supervision, care, or discipline of
students, then the standard in determining if a report of abuse or neglect is
founded is whether such acts or omissions constituted gross negligence or
willful misconduct.

D. Each local department and local school division shall adopt a written
interagency agreement as a protocol for investigating child abuse and neglect
reports. The interagency agreement shall be based on recommended procedures for
conducting investigations developed by the Departments of Education and Social
Services.

HISTORY: 2001, c. 588, § 63.1-248.4:1; 2002, c. 747; 2003, cc. 986, 1013; 2005,
cc. 767, 806; 2014, c. 412.