22.1-277.04 - Short-term suspension; procedures; readmission. - Virginia Statutes

§ 22.1-277.04. Short-term suspension; procedures; readmission.

A pupil may be suspended for not more than ten school days by either theschool principal, any assistant principal, or, in their absence, any teacher.The principal, assistant principal, or teacher may suspend the pupil aftergiving the pupil oral or written notice of the charges against him and, if hedenies them, an explanation of the facts as known to school personnel and anopportunity to present his version of what occurred. In the case of any pupilwhose presence poses a continuing danger to persons or property, or whosepresence is an ongoing threat of disruption, the pupil may be removed fromschool immediately and the notice, explanation of facts, and opportunity topresent his version shall be given as soon as practicable thereafter.

Upon suspension of any pupil, the principal, assistant principal, or teacherresponsible for such suspension shall report the facts of the case in writingto the division superintendent or his designee and the parent of the pupilsuspended. The division superintendent or his designee shall review forthwiththe action taken by the principal, assistant principal, or teacher upon apetition for such review by any party in interest and confirm or disapprovesuch action based on an examination of the record of the pupil's behavior.

The decision of the division superintendent or his designee may be appealedto the school board or a committee thereof in accordance with regulations ofthe school board; however, the decision of the division superintendent or hisdesignee shall be final if so prescribed by school board regulations.

The school board shall require that any oral or written notice to the parentof a student who is suspended from school attendance for not more than tendays include notification of the length of the suspension, informationregarding the availability of community-based educational programs,alternative education programs or other educational options, and of thestudent's right to return to regular school attendance upon the expiration ofthe suspension. The costs of any community-based educational program, oralternative education program or educational option, which is not a part ofthe educational program offered by the school division, shall be borne by theparent of the student.

(1998, c. 806, § 22.1-277.03; 2001, cc. 688, 820.)