In Virginia, it is the principal’s responsibility to maintain good discipline in the school in accordance with policies established by the local school board.  8 Va. Admin. Code §§ 20-131-210(A), (B) & 20-131-260(C)(3).

The local school board is responsible for adopting a code of student conduct that provides schools with disciplinary policies to address student misconduct. School boards must outline procedures for suspension and expulsion. Va. Code Ann. § 22.1-279.6 (B).

In general, disciplinary actions range from  warnings to mandatory expulsion, and may include such actions as:

1. warnings and counseling
2. parent/student conference
3. modification of student classroom assignment or schedule
4. student behavior contract, after-school or in-school detention
5. suspension of student privileges for a specified period
6. removal from class
7. suspension and expulsion 

When can a teacher remove a student from class?

• Teachers have initial authority to remove a child from a classroom for behavior that interrupts or obstructs the learning environment. §22.1-276.2, Code of Virginia.
• The local school board policy later has the authority to specify the requirements for removal, procedures for reporting removals to the principal and for notifying parents of any reported incident, guidelines for alternative assignment and instruction of a student who is removed, the duration of the removal, and procedures for returning to class. 
• When a student is removed from class, parents will be offered the opportunity to meet with the teacher and school administrators. Virginia Department of Education Student Conduct Policy Guidelines (Student Conduct Policy Guidelines), page 7.  http://www.doe.virginia.gov/boe/guidance/safety/student_conduct.pdf

Short-term suspension, long-term suspension, and expulsion are defined by Virginia law. §22.1-276.01, Code of Virginia.

Virginia law permits schools to suspend and expel students for “sufficient cause,” defined by school board policy. (22.1-277, Code of Virginia). “Sufficient cause” includes more than just truancy. Each local school board establishes the student conduct policy established which lists the offenses for which a student can be suspended or expelled.

On School Property: Acts at school or school-sponsored activities (most take place here)

Travelling To and From School: Conduct while going to and returning from school (§22.1-78, Code of Virginia)

Off School Property: Acts off school property that lead to a court judgment of delinquency, a conviction for very serious crimes, or a charge that would be a felony if committed by an adult. (Va. Code Ann. §22.1-277)

Short-term Suspension (Suspension for 10 days or less)

• Who has the authority to suspend a student in the short-term? The principal, an assistant principal or a designated teacher in the principal’s absence, has the authority to discipline a student with a short-term suspension. The principal may suspend a student from school for a maximum of ten consecutive school days for any single action that the local school board has designated as a reason for suspension.
• Due Process Rights of the Student: Students involved in the formal suspension process must be provided with due process [n1] (legal rights and protections to ensure a fair determination). The principal or assistant principal must tell the student of the charges. If the student denies them, the principal must give the student an explanation of the facts as known to the school and an opportunity to present the student’s version of what occurred.
• The School Must Provide Notice: The parent must receive either oral or written notice, [n2] depending on local school board policy, including information on the length of the suspension, the availability of community-based educational options, and the student’s right to return to regular school attendance when the suspension period has expired.
• Option for Review by the Superintendent: A parent may ask for a short-term suspension decision to be reviewed by the superintendent or the superintendent’s designee. Local school board policy may state that the superintendent’s decision is final or that it can be appealed to the school board. Va. Code Ann. §22.1-277.04.
• Emergency Suspension: As in all cases of suspension or expulsion, any student whose presence at school poses a continuing danger to persons or property or threat of disruption may be removed from school immediately.  Va. Code Ann. §22.1-277.04.

Long-term Suspension (more than 10 days but less than 365 days)

• Who has the authority to suspend a student in the long term? A long-term suspension is usually imposed by a disciplinary hearing officer upon recommendation of the principal.
• Due Process Rights of the Student: The process for imposing a long-term suspension specified in the local school board code of conduct must require that the student  be told of the charges, and if the student denies them, to be given an explanation of the facts as known to the school and an opportunity to present his or her version of what occurred.
• Requirements for Notifying the Parent: The process also must include notice to the parent (and child) in writing, including information on:
  • the length of and reason for the suspension,
  • the right to a hearing in accordance with local school board policy,
  • the availability of community-based educational options,
  • the student’s right to return to regular school attendance when the suspension period has expired or to attend an appropriate alternative education program approved by the school board during the suspension or after the suspension period expires.

Alternative Education Programs:

Authorized by law but local school boards are not required to establish them, and the costs of the alternative program are to be borne by the parent of the student. Va. Code Ann. § 22.1-277.05.

How are appeals to the long-term suspension made?

• A school board determines whether appeals of long-term suspensions are made to the school board, a committee of the school board, or the division superintendent or the superintendent’s designee.
•  If the hearing is made to the superintendent or representative chosen by the superintendant: the local regulations must provide for an appeal of the decision to the full school board and that appeal must be decided by the school board within 30 days.
• If the hearing is made to a committee of the school board: the regulations must provide that committee with the authority to confirm or disapprove of the suspension. The committee must be composed of at least 3 members and, if the committee’s decision is not unanimous, the student or the student’s parent may appeal the committee’s decision to the full school board. Such an appeal must be decided by the school board within 30 days. Va. Code Ann. § 22.1-277.05.

Local school board policies specify standards for expulsion of students.  The standards are required to provide for expulsion for certain weapons- and drug-related violations (specified in Va. Code Ann. §§ 22.1-277.07. and 22.1-277.08.) and to base other expulsion decisions on a consideration of the following factors:

• The nature and seriousness of the violation
• The degree of danger to the school community
• The student’s disciplinary history, including the seriousness and number of previous infractions
• The appropriateness and availability of an alternative education placement or program
• The student’s age and grade level
• The results of any mental health, substance abuse, or special education assessments
• The student’s attendance and academic records
•  Other matters as deemed to be appropriate

Va. Code Ann. § 22.1-277.06.C.

Notice to the Student: The student must be told of the charges and, if the student denies them, be given an explanation of the facts as known to the school and an opportunity to present his or her version of what occurred.
Procedure for Emergencies: if the principal decides that the student’s presence at school is a continuing danger to persons or property or threat of disruption, the student may be removed from school immediately. Va. Code Ann. §22.1-277.04.

Written Notice to the Student and Parent: The student and parent must be given written notice of the proposed expulsion, which includes the reasons the expulsion is being proposed, and explains the right to a hearing before the school board or a sub-committee of the school board, depending on local policy.

• School Board Review and Written Notification of Decision to Parent: Even if the parent does not exercise the right to a hearing, the school board must conduct its own review of the expulsion. If the student is expelled, the parent must be sent a written notification stating:

1. the length of the expulsion
2. information on the availability of community-based educational, training, and intervention programs.
3. whether the student is eligible to return to regular school or to attend an approved alternative education program or an adult education program offered during or after the period of expulsion
4. any terms or conditions for readmission to school.

• Financial Responsibilities: Costs for any community-based educational programs or alternative programs that are not part of the program offered by the school division are the financial responsibility of the parent.

• GED (General Equivalency Diploma) Testing Eligibility: Students 16 years of age or older who have been expelled from school may participate in the GED testing program.

Right to a Hearing: Depending on local policy, a parent has the right to a hearing before the school board or a sub-committee of the school board. The sub-committee of the school board must have at least 3 members and if its decision is not unanimous the parent (or child) may appeal the sub-committee’s decision to the full board. The school board must make a decision within 30 days. Va. Code Ann. §22.1-277.06.

Final Administrative Authority of the School Board: The laws of Virginia, unlike other states, give local school boards final administrative authority for all disciplinary matters. No further appeal beyond the school board is available.

Readmission Policy Requirement: The local school policy must provide an opportunity for the student to apply for readmission to school within 1 calendar year from the date of expulsion.  Terms and conditions for readmission may be established.

Review of Readmission: Depending on local policy, the application for readmission may be reviewed and acted on by the superintendent, a subcommittee of the school board, or the full school board.

Petition in the Event of Denial: If the application is denied by the superintendent or the sub-committee, the student may petition the full school board for review of the denial. Va. Code Ann. §22.1-277.06.

The answer depends on the policies of the new county. A local school board policy may say that a student who has been expelled or suspended for more than 30 days in another county will be excluded from attending school upon a finding that the student presents a danger to other students or staff.

Requirement of Notice for Prevention: If a student is prevented from entering because of a finding that the student presents a danger to other students or staff, the student and parent must be given a written notice explaining the reasons for the exclusion and the right to appeal the decision. The procedures for review or appeal specified in the local school board policy may provide that the superintendent, a sub-committee of the board, or the full school board has the final authority. Va. Code Ann. §22.1-277.2.

Length of the Suspension: For a student who was suspended by another county, the exclusion from the new school cannot be longer than the period of suspension from the previous school. An expelled student may petition for admission at the end of the period of exclusion. If the petition is rejected, the school board must identify the length of continuing exclusion and the date on which the student may petition again for admission.

Parent Confirmation: Virginia law requires that, prior to admission of a student, the parent must confirm whether the student has been expelled from a public or private school in Virginia or another state. Va. Code Ann. §22.1-3.2.

Zero tolerance of a behavior by a school means that the school’s response is already decided and non-negotiable. Zero tolerance policies establish severe consequences or punishment (most often suspension or expulsion) for a specific offense. 

Under Virginia law, school districts have the ability to determine their own zero tolerance policies.

No. Corporal punishment is defined as inflicting physical pain on a student as a means of discipline. Va. Code Ann. §22.1-279.1.Virginia law states: “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.”

In Virginia, each local school board’s code of student conduct must prohibit bullying, consistent with, or stricter than, guidance issued by the Board of Education. Va. Code Ann. §22.1-279.6.B. The Board of Education guidance provides the following sample policy: “Students, either individually or as part of a group, shall not harass or bully others. Bullying includes the following types of conduct under Virginia state law:

1. Physical intimidation, taunting, name calling, and insults
2. Comments regarding the race, gender, religion, physical abilities or characteristics associated with the targeted person
3. Falsifying statements about other persons
4. Use of technology such as e-mail, text messages, or Web sites to defame or harm others.”

Student Conduct Policy Guidelines, page 21 http://www.doe.virginia.gov/boe/guidance/safety/student_conduct.pdf.

Status of Hazing: In Virginia, hazing is a crime, and each local school board’s code of student conduct must prohibit hazing, consistent with, or stricter than, guidance issued by the Board of Education. Va. Code Ann. §22.1-279.6 (B).

What is “hazing?” The Board of Education defines hazing as:  recklessly and intentionally endangering the health or safety of a student or students or to inflict bodily harm on a student or students in connection with or for the purpose of initiation, admission into or continued membership in a club, organization, association, fraternity, sorority, or student body, regardless of whether the student or students who were endangered or injured participated voluntarily in the activity.

Consequences of Hazing: Hazing is a Class 1 misdemeanor which may result in up to 12 months in jail, a $2,500 fine, or both in addition to any disciplinary consequences of the school. In addition, any student who is physically injured by hazing has a right to sue the person or persons guilty thereof, whether adults or minors. The principal of any school at which hazing causes bodily injury must report the hazing to the local Commonwealth Attorney.

Student Conduct Policy Guidelines, page 25 http://www.doe.virginia.gov/boe/guidance/safety/student_conduct.pdf.

In Virginia, the local school board has the authority to write reasonable dress codes, including dress codes that prohibit gang-related clothing.

Student Conduct Policy Guidelines, page 23 http://www.doe.virginia.gov/boe/guidance/safety/student_conduct.pdf.

Under Virginia law, local school boards may require students to wear a school-wide uniform, consistent with guidelines established by the Board of Education.  Va. Code Ann. § 22.1-79.2. The guidelines that local districts must follow, discuss the:

1. importance of parent and community involvement in the development of a uniforms policy,
2. compliance with applicable legal standards (such as the need to establish a relationship between the policy for uniforms and a legitimate school objective).
3. protection of the constitutional rights of students, the need for procedures to assure that all students can readily obtain the required uniforms regardless of family income level, and various other factors that affect the success of such programs. http://www.doe.virginia.gov/boe/guidance/administration_governance/model_guidelines_uniforms.pdf.

Who is an English Language Learner? An English language learner (ELL), also known as a limited English Proficient (“LEP”) student, is a student whose first language is not English and who is in a special program for learning English. Glossary of Education Terms, Virginia Department of Education, http://www.doe.virginia.gov/glossaries/glossary.pdf.

Two-Phase Identification Process: School systems are legally obligated to identify all ELL students. A two-phase process for identification is common.

Phase One: Parents respond to a home language survey or registration questions.

Phase Two:  If it is determined that English is not the dominant language, oral language

proficiency testing the reading and writing skills assessments are used to identify whether

students should be designated as LEP students. English as a Second Language Handbook for

Teachers and Administrators, Virginia Department of Education, Page 15,

http://www.doe.virginia.gov/instruction/esl/standards_resources/resources/handbook_teacher_admin.pdf.

Eligibility of ELL Students for Special Education: Students who have limited English proficiency (LEP) may also be eligible for special education. The federal Individuals with Disabilities Education Act Amendments of 1997 (IDEA) and the Regulations Governing Special Education Programs for Children with Disabilities in Virginia assure that a free appropriate public education is provided to all students eligible for special education and related services. See 8 Va. Admin. Code § 20-81-110 (F)(2)(b).

Notifying Parents of Placement: If a school district receives federal funds (Title III of the Elementary and Secondary Education Act (“ESEA”)), parents must be informed of the reasons for their student’s identification as an English learner, and of the need for placement in the specified program, within 30 days of the beginning of school or 2 weeks within placement in a language instruction program.  For English learners with an IEP (individualized education plan for special education students), the school must also notify and explain to the parents or guardians how the recommended placement will help their children meet the objectives of the IEP.

Each school division should have an assessment plan that contains certain tests and procedures. The local assessment plan should contain three steps.

1. Assessment for Placement

All newly-enrolled ELL students should be given an assessment to decide on proper services and placement in the ESL program. Multiple criteria should be used. Initial placement can be done by using commercial proficiency tests. However, schools are encouraged to include an assessment of native language skills and content area skills, such as with a writing sample in the native language or an oral interview with a native speaker.

2. Assessment for Progress

The school can assess for progress at any time throughout the year. Formal measures include classroom tests, an ESL test based on specific criterion at the end of the year, a repeat of the formal ESL proficiency test, or a commercial test. Informal measures may include samples of work, checklists or rating scales based on teacher observation, portfolios, and self-assessments. All of these measures can be combined to form a comprehensive picture of the student’s progress.

3. Assessment for Exiting ESL

The most important principles about exiting ESL programs are:

a. Multiple criteria must be used. Assessment should not rely solely on one test.

b. One person cannot be responsible for making this important decision; teachers, parents, and students must all be involved.

English as a Second Language Handbook for Teachers and Administrators, Virginia Department of Education, Page 18, http://www.doe.virginia.gov/instruction/esl/standards_resources/resources/handbook_teacher_admin.pdf

Type of Programs: The type of programs designed for ELL students is determined by each school district. Decisions concerning the organization of the instructional programs generally depend on local circumstances.  For example, if the district has only a few ELL students, it is usually not feasible to offer anything more than tutorial instruction.  If the ELL students in the district are scattered among different schools and grade levels, a cluster or center approach may be used, in which students are brought together for classroom instruction in ELL.

Duration of Programs: ESL is not usually a full-day program. Usually ELL students are engaged in part of the instructional program that is provided for general education students. Generally, the first experiences of ELL students with regular instruction are in classes that are not conceptually or culturally different from their own experiences (art, physical education, mathematics, etc.). Special instruction in English for beginning and intermediate students is generally limited to two to four hours a day.  ESL instruction should be directly related to the content of other instruction, i.e., math, science, language arts, etc. Much communication and collaboration is needed between the instructional staff of the ESL program and the general education program.

Intent of ESL Instruction: The intent of ESL instruction is to teach LEP students sufficient English to enable them to participate fully in the instructional program of the school division.

Length of ESL Instruction: ESL instruction should be provided until the school system has data suggesting that the student will succeed outside of the ESL program with students whose first language is English. Schools can predict how well an ESL student would do in the “regular” classroom through the results of: post-tests of alternate forms or even the same entry-level tests, and/or by using SAT scores or informal assessment techniques. The judgment of teacher, counselor, or administrator, based on academic performance and cultural adjustment, is also valuable.

Helpful documents or links

English as a Second Language Handbook for Teachers and Administrators, Virginia Department of Education, http://www.doe.virginia.gov/instruction/esl/standards_resources/resources/handbook_teacher_admin.pdf

Questions and Answers About  English as a Second Language  http://www.doe.virginia.gov/instruction/esl/parents/parent_resources.pdf

Illinois State Board of Education: ELL Assessment
http://www.isbe.net/assessment/htmls/ell_assessment.htm

College Preparatory Program Requirement: Virginia requires each middle and secondary school to provide for the early identification and enrollment of students in a college preparation program with a range of educational and academic experiences in and outside the classroom, including an emphasis on experiences that will motivate disadvantaged and minority students to attend college. Creation of gifted and talented education programs is only one possible approach to motivating students to attend college.

Academic and Career Plan Requirement: Beginning with the 2011-2012 academic year, Virginia schools are required to begin development of a personal Academic and Career Plan for each 7th grade student with completion by the fall of the student’s 8^th grade year. The Plan is to include the student’s program of study for high school graduation and a postsecondary career pathway based on the student’s academic and career interests.

Development of Academic and Career Plan: The Academic and Career Plan is to be developed according to guidelines established by the Board of Education and signed by the student, student’s parent or guardian, and school official(s) designated by the principal. The school must include the Plan in the student’s record and review and update the Plan, if necessary, before the student enters the 9th and 11^th grades. See 8 Va. Admin. Code § 20-131-140.

Virginia specifies minimum requirements that shall be provided to every student, and also requires that schools offer opportunities for students to pursue a program of studies in foreign languages, fine arts, and career and technical areas including:

1. Career and Technical Education Choices: that prepare the student to complete a career and technical education program in 1 of 3 or more occupational areas and that prepare the student for technical or pre-professional postsecondary programs;
2. College-Preparatory Courses: Coursework and experiences that prepare the student for college-level studies including access to at least three Advanced Placement (AP) courses, college-level courses for degree credit, International Baccalaureate (IB) courses, Cambridge courses, or any combination:
3. College Admissions Counseling: Preparation for college admissions tests; and
4. Fine Arts: Opportunities to study and explore the fine arts and foreign languages.

8 Va. Admin. Code § 20-131-100.

Early Identification: Virginia requires every local school board to provide for the early identification of gifted students and enrollment of such students in appropriately differentiated instructional programs. Va. Code Ann. § 22.1-253.13.1 (D)(6).

Standards of Learning for Virginia Public Schools: Virginia describes student learning and achievement expectations in grades K-12 in English, mathematics, science, history/social science, technology, the fine arts, foreign language, health and physical education, and driver education. Virginia uses an established process to adopt and revise academic standards to incorporate content from the Common Core State Standards into the Standards of Learning. The state works to ensure that expectations for teaching and learning in Virginia schools are close to those of the Common Core Standards.

The Standards of Learning (SOL) are described in detail at: http://www.doe.virginia.gov/testing/index.shtml.

Virginia secondary schools offer various types of diplomas, including Standard, Advanced Studies, Standard Technical, and Advanced Technical Diplomas.

To earn a Standard Diploma or Standard Technical Diploma:

1. a student must earn at least 22 standard units of credit by passing required courses and electives, and
2. earn at least 6 verified credits by passing end-of-course

Standards of Learning (SOL) tests or other assessments approved by the Board of Education:

• A student earns a verified credit when they receive a passing grade (D or higher) for an SOL course, and

also pass the SOL test for that course.

To earn an Advanced Studies Diploma or an Advanced Technical Diploma, a student must earn at least

26 standard units of credit by passing required courses and electives, at least 9 verified credits.

Verified Credit: A student earns a verified credit when s/he receives a passing grade (D or higher) for a SOL course, and also pass the SOL test for that course. 

Required Standard Credits for Standard or Advanced Studies Diploma 

(Effective with ninth graders 2011-2012)

Footnotes:

1. 2 Different Science Disciplines: Must include courses from at least 2 different science disciplines: earth sciences, biology, chemistry, or physics.
2. History Requirement: Must include U.S. and Virginia History, U.S. and Virginia Government, and one course in either world history or geography or both.
3. Fine Arts and Technical Education: Must include at least one credit in fine or performing arts or career and technical education.
4. Foreign Language Requirement: Must include either 3 years of 1 foreign language or two years each of two foreign languages.
5. Electives: Electives are locally developed courses that do not require approval at the state level.
6. Additional Tests for Verified Credit: A student may utilize additional tests for earning verified credit in computer science, technology, career and technical education, economics, or other areas as prescribed by the board in 8 Va. Admin. Code § 20-131-110.

Required Standard Credits for Standard or Advanced Technical Diploma 

(Effective with ninth graders 2011-2012)

        Footnotes:

1. 3 Different Science Disciplines: Must include course selections from at least 3 different science disciplines: earth sciences, biology, chemistry, or physics.
2. History Requirements: Must include U.S. and Virginia History, U.S. and Virginia Government, and at least one course in world history or geography. Must include U.S. and Virginia History, U.S. and Virginia Government, and at least two courses in world history or geography.
3. Foreign Language Requirement: Must include either 3 years of 1 foreign language or two years each of two foreign languages. Must also include at least one credit in fine or performing arts or career and technical education.
4. Career Concentration: Courses completed to satisfy this requirement must include an approved career concentration. If the career concentration includes an approved specific assessment, then the student must take this assessment, if eligible to do so.
5. Substituting Career and Technical Education Credits: Students who:

• complete a career and technical education program sequence and pass an occupational competency assessment in a career and technical education field that results in certification or an occupational competency credential from a recognized industry or trade or professional association
• AND/OR
• acquire a Virginia professional license in the career and technical education field
• May substitute the certification competency credential or license for: (i) the student selected verified credit and (ii) either a science or history and social science verified credit when the certification license or credential is equivalent to more than 1 verified credit.

6. Electives: Electives are locally developed courses that do not require approval at the state level.
7. Additional Tests for Verified Credit: A student may utilize additional tests for earning verified credit in computer science, technology, career and technical education, economics, or other areas as prescribed by the board in 8 Va. Admin. Code § 20-131-110.

Helpful documents or links 

Graduation requirements:  http://www.doe.virginia.gov/instruction/graduation/index.shtml.

Testing and Standards of Learning: http://www.doe.virginia.gov/testing/index.shtml.         

Virginia has several Parent Information and Resource Centers, which help implement successful and effective parental involvement policies and programs and activities that lead to improvements in student academic achievement.  They target specific communities and provide a variety of services.

Virginia Department of Education

Mailing Address:

Virginia Department of Education

PO Box 2120

Richmond, VA 23218

Physical Address:

Virginia Department of Education

James Monroe Building

101 N. 14th Street

Richmond, VA 23219

A good starting point for obtaining information from the Virginia Department of Education is at:

http://www.doe.virginia.gov/students_parents/index.shtml

Parent Educational Advocacy Training Center (PEATC)

Main Office                                           (800) 869-6782/Toll Free

100 N. Washington St. Suite 234       (800) 693-3514/Fax
Falls Church, VA 22046                       (703) 923-0010/Voice

Richmond Regional Office

2922 West Marshall Street

Richmond, VA 23230                          (804) 819-1999

PEATC is Virginia’s Parent Information Resource Center (V-PIRC). The US Department of Education funds Parent Information Resource Centers in every state to improve children’s school success by:

1. supporting effective parental involvement policies, programs, and activities
2. engaging parents of young children
3. developing and strengthening partnerships among parents, teachers, principals, administrators
4. and connecting the PIRC activities with other parental involvement initiatives under the No Child Left Behind Act (NCLB)

Virginia Parent Resource Centers (PRCs)

http://www.vaprcs.org/

 Virginia’s PRCs vary in the types of services they offer. PRCs typically provide:

• Direct assistance to parents/guardians: listening, problem-solving, providing resources
• Information sessions for parents, school staff, and community promoting parent/professional partnerships.
• Additional services based upon the needs of parents and the services available in the community. These additional services may include:
  • Providing initial contact with parents when their child is identified as needing special education services;
  • Organizing and/or facilitating parent-to-parent support groups;
  • Publishing a newsletter;
  • Establishing a lending library
  • Serving on an interagency committee or council

Office for Civil Rights

Region III – Philadelphia (Delaware, District of Columbia, Maryland, Pennsylvania, Virginia, West Virginia)
Paul Cushing, Regional Manager
Office for Civil Rights
U.S. Department of Health and Human Services
150 S. Independence Mall West, Suite 372, Public Ledger Building
Philadelphia, PA 19106-9111
Main Line (215)861-4441
Hotline (800) 368-1019
FAX (215)861-4431
TDD (215)861-4440

Email: ocr.sanfrancisco@ed.gov