Expulsion is a disciplinary action in which a student is not permitted to attend any PWCS school for 365 calendar days after the date of expulsion. The School Board may, however, permit or require any student who has been expelled from school to attend an alternative educational program during the term of the expulsion.
The rules governing expulsion, readmission, and exclusion are summarized in this section. Please refer to Regulation 745-1, “Long- Term Suspension or Expulsion of Students,” Regulation 745-5, “Readmissions and Exclusions/Admissions,” Regulation 745-6, “Long-Term Suspension and Expulsion Appeals to the School Board,” and Regulation 747-1, “Student Management and Alternative Programs Department (SMAPD),” for all information pertaining to this subject. Please refer to Regulation 745-2, “Discipline of Students with Disabilities,” for information regarding the expulsion of students receiving special education services. Certain limitations apply to the expulsion of students in preschool through grade three. Please see the section titled Suspension or Expulsion of Students in Preschool Through Grade Three for more information.
The School Board may expel students for sufficient cause. A student may be expelled and denied the right to attend any PWCS school when:
- The student is a potential or continuing danger to the health, welfare, or safety of others; or
- The student’s conduct is disruptive to the educational mission or the orderly operation of the school; or
- The student has engaged in conduct that violates the school division’s policies and regulations or the COB, or that threatens the safety or security of the school or is otherwise connected to the school; or
- The student has obtained an accumulation of offenses for which expulsion is merited; or
- The student has been adjudicated delinquent or convicted following a report pursuant to Virginia Code § 16.1-305.1 for an offense listed in subsection G of Code of Virginia § 16.1-260; or
- Other circumstances demonstrate that the expulsion of the student is in the best interest of the local school or the school division.
PWCS considers the following offenses to be of particular concern, and consideration of expulsion is mandatory:
- The possession, use, or distribution of prohibited substances as set forth in Regulation 735-1, “Prohibited Substances;”
- The possession of weapons, as set forth in Regulation 775-1, “Weapons and Other Prohibited Objects;”
- Physical assaults, battery, on a school staff member, and
- Group assaults.
If a student is recommended for expulsion by SMAPD, the parent(s) and student may appeal the disciplinary recommendation of the SMAPD hearing officer to the SBDC following procedures set forth in Regulation 745-6, “Long-Term Suspension and Expulsion Appeals to the School Board.” Any decision by SMAPD to place the student in an alternative education program upon readmission may also be appealed. However, any other placement decision by SMAPD is final and may not be appealed. A written request for a hearing before the SBDC must be received by SMAPD within four business days of the date of the decision letter.
The student and parent will have the right to present the student’s version of the incident and the reasons they believe the expulsion recommendation is in error during a live 45-minute hearing before the SBDC. The student may be represented by an attorney. If the decision of the SBDC is not unanimous, the student and parent may file a written appeal for the matter to be decided by the full School Board within four business days of the SBDC decision. The School Board will consider the matter in closed session based only upon the record presented to the SBDC and will reach a decision within 30 calendar days of the appeal. The decision of the School Board shall be final. The procedures, timeline, and appeal process for the readmission to school of students who have previously been expelled from PWCS are set forth in Regulation 745-5, “Readmissions and Exclusions/Admissions.” For those cases that are appealed, the School Board shall conduct a review of the record in closed session and vote on the readmission decision in open session. Only those documents submitted to SMAPD for consideration for readmission shall be considered by the School Board. No additional documents, other than the letter of appeal, shall be submitted for consideration. The student and parent(s) shall be notified in writing of the School Board’s decision.