22.1-277.2:1 - Disciplinary authority of school boards under certain circumstances; alternative education progra... - Virginia Statutes

§ 22.1-277.2:1. Disciplinary authority of school boards under certaincircumstances; alternative education program.

A. A school board may, in accordance with the procedures set forth in thisarticle, require any student who has been (i) charged with an offenserelating to the Commonwealth's laws, or with a violation of school boardpolicies, on weapons, alcohol or drugs, or intentional injury to anotherperson, or with an offense that is required to be disclosed to thesuperintendent of the school division pursuant to subsection G of § 16.1-260;(ii) found guilty or not innocent of an offense relating to theCommonwealth's laws on weapons, alcohol, or drugs, or of a crime thatresulted in or could have resulted in injury to others, or of an offense thatis required to be disclosed to the superintendent of the school divisionpursuant to subsection G of § 16.1-260; (iii) found to have committed aserious offense or repeated offenses in violation of school board policies;(iv) suspended pursuant to § 22.1-277.05; or (v) expelled pursuant to §22.1-277.06, 22.1-277.07, or 22.1-277.08, or subsection B of § 22.1-277, toattend an alternative education program. A school board may require suchstudent to attend such programs regardless of where the crime occurred.School boards may require any student who has been found, in accordance withthe procedures set forth in this article, to have been in possession of, orunder the influence of, drugs or alcohol on a school bus, on school property,or at a school-sponsored activity in violation of school board policies, toundergo evaluation for drug or alcohol abuse, or both, and, if recommended bythe evaluator and with the consent of the student's parent, to participate ina treatment program.

As used in this section, the term "charged" means that a petition orwarrant has been filed or is pending against a pupil.

B. A school board may adopt regulations authorizing the divisionsuperintendent or his designee to require students to attend an alternativeeducation program consistent with the provisions of subsection A after (i)written notice to the student and his parent that the student will berequired to attend an alternative education program and (ii) notice of theopportunity for the student or his parent to participate in a hearing to beconducted by the division superintendent or his designee regarding suchplacement. The decision of the superintendent or his designee regarding suchalternative education placement shall be final unless altered by the schoolboard, upon timely written petition, as established in regulation, by thestudent or his parent, for a review of the record by the school board.

C. A school board may adopt regulations authorizing the principal or hisdesignee to impose a short-term suspension, pursuant to § 22.1-277.04, upon astudent who has been charged with an offense involving intentional injuryenumerated in subsection G of § 16.1-260, to another student in the sameschool pending a decision as to whether to require that such student attendan alternative education program.

(1990, c. 835; 1995, cc. 724, 755, 801; 1998, c. 355; 1999, c. 457; 2000, c.577, § 22.1-277.1; 2001, cc. 688, 820; 2003, c. 119; 2009, c. 208.)