Further Information on Disciplinary Responses

Self-Defense

Whether a student has acted in self-defense may be considered when making a disciplinary decision. The criteria that define when an incident would be considered an act of self-defense must include the following conditions to support such a claim. The student must:

• Be without fault in provoking or bringing on the fight or incident.
• Have reasonably feared, under the circumstances, as they appeared to the student, that there was imminent danger or harm.
• Have used no more force than was reasonably necessary to protect themself from imminent danger or harm.
• Have no other readily accessible option to de-escalate or eliminate the danger or harm.

Procedures for consideration of a self-defense claim when determining appropriate administrative responses shall include an opportunity for the student to present their version of what occurred, as well as a review of facts involving school personnel and others as appropriate, including other students and staff who may have witnessed the incident or may have observed previous interactions between the students involved. In some instances, interactions between students may be investigated beyond a single incident to examine patterns of interaction, past threats, and bullying. Evidence of past threats, bullying, or harassment does not excuse disciplinary action for a fight or other altercation unless all four of elements of self-defense (the bulleted list above) are found by the decision-maker.

All new allegations of bullying or harassment raised in connection with a claim of self-defense will be investigated by the school or other designated staff and acted upon consistent with applicable PWCS policies and regulations.

Retaliation or willfully participating in a fight is not considered self-defense. Students are to disengage and seek assistance from school staff as soon as the threat of immediate danger or harm has subsided.

Weapons or harmful objects of any kind are strictly prohibited on school property. The possession or use of a weapon on school property or at any school-sponsored activity is not a valid form of self-defense. Possession of a weapon on school property or at a school-sponsored activity is a violation of Regulation 775-1, “Weapons and Other Prohibited Objects.”

Use of Seclusion and Restraint

Code of Virginia § 22.1-279.1:1 requires that the State Board of Education adopt regulations on the use of seclusion and restraint in Virginia primary and secondary schools. The “Regulations Governing the Use of Seclusion and Restraint in Public Elementary and Secondary Schools in Virginia” (8VAC20-750-5 et seq.):

• Define what constitutes seclusion and physical restraint, as well as mechanical restraints, pharmacological restraints, and aversive stimuli.
• Ban the use of mechanical restraints, pharmacological restraints, and aversive stimuli.
• Describe the conditions under which it is permissible for a student to be restrained or secluded.
• Provide for notification and reporting to parents, for debriefing with staff and the student following incidents, and for follow-up when a student has been restrained or secluded more than twice during the course of a school year.
• Provide for reporting to the Virginia Department of Education.
• Require local school divisions to adopt policies and procedures regarding the use of seclusion and restraint.
• Require that all school personnel be trained in techniques for avoiding the use of seclusion and restraint and that school personnel who work with students who are likely to be restrained or secluded must receive additional training on safe methods for restraining or secluding a student.

PWCS Regulation 746-1, “Use of Physical Restraint and Seclusion,” outlines the expectation for all school staff to complete training focused on positive behavior support, conflict prevention, de-escalation, and crisis response.

Exclusionary Discipline

General Provisions Related to All Suspensions

Due Process

A principal, assistant principal, or principal’s designee may suspend a student from school for misconduct or for violations of the COB or related PWCS policies governing student conduct. Before being excluded from school for disciplinary purposes, students have a right to adequate and meaningful due process, established in accordance with the rules and principles as outlined in Regulation 747-1, “Student Hearings Department.” Student Management and Alternative Programs Department (SMAPD) is now referred to as the Student Hearings Department (SHD).

Students have the right to be informed of the reasons for the suspension and offered the opportunity to tell their side of the story before being suspended. If the student’s presence poses a continuing danger to persons or property, or presents an ongoing threat of disruption, the student may be removed from school immediately, and the notice, explanation of facts, and opportunity to present the student’s version of events shall be given as soon as practicable. Whenever a suspension is imposed, the principal/designee will make all reasonable efforts to contact the parent(s) to advise them of the suspension and to make appropriate arrangements for the student to be returned to the student’s home. Students and families will also receive notice of the suspension in writing, including conditions imposed on the student during the suspension and their right to appeal.

Continuing Education During Suspensions

The student’s school shall continue to provide educational services throughout the term of any short-term suspension and, if the student has been referred to SHD for consideration of further disciplinary action, until a decision to long-term suspend, reassign, or expel the student has been finally issued by SHD or the School Board. During this period, it is the responsibility of the student to obtain and complete all assignments missed from the school. These assignments must be completed within a time frame established by the school. However, the principal may also provide other assignments or make-up options that would be more effective in changing the behavior of the student. If a final decision is made to long-term suspend, reassign, or expel a student, the student and parents will be provided specific information on eligibility for alternative educational services.

Presence on School Property Prohibited During the Term of the Suspension

Students who are suspended from school are prohibited from school property (including school buses) and school-related activities for the duration of their suspension and may be arrested for trespassing. Unless the student has written permission from school officials to be on school property, on a school bus, or at a school-sponsored event, students whose disciplinary cases are pending a long-term suspension or expulsion decision (with the exception of disciplinary hearings) are prohibited from school property, school buses, and school-sponsored activities. Students who are suspended from school shall also be suspended from participation in all school activities (teams, clubs, and all other school-sponsored activities), including practice. In cases where the parent or adult student notifies the principal at the time of the suspension that there will be an appeal, the student shall be allowed to attend school until the case is heard and a final decision has been rendered unless the principal considers that the presence of the student creates a present and continuing threat to the health, safety, and/or welfare of persons or property in the school or may pose a disruption to the educational process.

Authority to Modify Disciplinary Decisions

At each level of the procedure for all disciplinary appeals, the appeal may be granted or denied, and the related consequences (corrective measures)may be increased, decreased, or allowed to remain the same. If, in the appeal of a long-term suspension, the School Board determines that expulsion may be appropriate, the student shall be notified by the SHD of the right to request a due process hearing before a committee of the School Board. If the student does not request such a hearing or a hearing is requested and the student fails to appear, a committee of the School Board will render a decision based on the written record. In the event that the decision of the School Board committee is not unanimous, the student may submit a written appeal to the full School Board.

Suspension or Expulsion of Students in Grades PK-3

Except for certain drug or weapons offenses identified in the Code of Virginia, no student in PK-3 shall be suspended for more than three school days or expelled from attendance at school unless:

1. The offense involves physical harm or credible threat of physical harm to others; or
2. The School Board, the Superintendent, or designee finds that aggravating circumstances exist.

A student in PK-3 may be expelled upon the school division’s receipt of a report pursuant to Code of Virginia § 16.1-305.1 of an adjudication of delinquency or a conviction for an offense listed in subsection G of Code of Virginia § 16.1-260.

Suspension of Students in Grades 4-12

Short-Term Suspension

A short-term suspension is a disciplinary action after which a student may not attend school for up to 10 school days. The student and parent may appeal a short-term suspension decision to the principal within three school days of notice of suspension. The parent/guardian shall be notified in writing of the status of the principal’s decision within five school days of having received the written appeal. Students whose short-term suspension is under appeal may attend school until the appeal is decided unless they pose a safety risk or present a threat of ongoing disruption.

If the principal’s decision is appealed, a written request appealing the decision must be received by the appropriate Level Associate Superintendent within three business days of the parent(s)/guardian(s) having been notified of the principal’s decision. The written appeal must include the student’s account of the incident and the reason for believing the suspension is unjustified. The Level Associate Superintendent or designee shall provide a written decision within five business days of receipt of the appeal. The decision of the Level Associate Superintendent or designee shall be final.

For more serious offenses, a principal or designee may impose a 10-day suspension in conjunction with a referral to the SHD for consideration of further discipline, e.g., a long-term suspension, reassignment, or expulsion. Any appeal of a 10-day suspension imposed in conjunction with a referral to the SHD for consideration of further disciplinary action shall be decided by the SHD hearing officer following the due process hearing described in the section titled Long-Term Suspension below.

Long-Term Suspension

A long-term suspension is a disciplinary action after which a student may not attend school for more than 10 school days but less than 365 calendar days. A student shall not be suspended for more than 45 school days; however, unless:

1. The offense is one described in Code of Virginia § 22.1-277.07 or § 22.1-277.08 or involves serious bodily injury; or
2. The School Board, the Superintendent, or designee finds that aggravating circumstances exist as defined by the Virginia Department of Education.

Before a long-term suspension is imposed, the student shall have the right to a due process hearing conducted by a hearing officer appointed by the SHD pursuant to those procedures explained in PWCS policy and regulation.

Parents and students may appeal Long-Term Suspension decisions following procedures as summarized here and in PWCS policy and regulation. A parent or student may file a written appeal within four business days of the date of the SHD decision letter. The written appeal must be submitted to SHD and may include the student’s account of the incident, the reason for believing the suspension is unjustified, and any additional evidence the student or parent wishes to have considered. The SHD hearing officer may submit a written statement in response to the parent’s appeal. The appeal will be decided by the School Board Disciplinary Committee (SBDC), a panel of three School Board members. The SBDC shall review the written appeal of the SHD hearing officer’s decision in closed session. The SBDC may uphold, deny, or amend the decision of the SHD hearing officer or may determine that other disciplinary action is merited, including expulsion. The SBDC’s decision shall be final unless the decision is not unanimous, in which case the student may, within four business days of the SBDC’s decision, notify SHD in writing that the student intends to appeal the SBDC’s decision to the full School Board. The School Board shall review the appeal based solely on the administrative record presented to the SBDC and shall render a decision within 30 calendar days of receipt of the appeal.

Expulsion Procedures

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 and in PWCS policy and regulation.

Certain limitations apply to the expulsion of students PK-3. Please see the section titled Suspension or Expulsion of Students in Grades PK-3 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 Code of Virginia § 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.

If a student is recommended for expulsion by SHD, the parent(s) and student may appeal the disciplinary recommendation of the SHD hearing officer to the SBDC following procedures set forth in PWCS policy and regulation. Any decision by SHD to place the student in an alternative education program upon readmission may also be appealed. However, any other placement decision by SHD is final and may not be appealed. A written request for a hearing before the SBDC must be received by SHD 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 PWCS policy and regulation. 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 SHD 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.

Exclusions from School

PWCS is authorized to deny admission to its schools to students who are expelled or suspended for more than 30 days by another school division or private school, or for whom admission has been withdrawn from any school the student was previously enrolled following a SHD admission hearing as found in PWCS policy and regulation.

Students and parents have the right to appeal the SHD decision to the School Board within four business days of the date of the SHD decision letter. The School Board shall meet in closed session to conduct a review of the documentation considered in the SHD admission hearing and the parent’s letter of appeal. The student and parent(s) shall be notified in writing of the School Board’s decision. The School Board may require an excluded student to attend a nontraditional education program provided by the School Board for the term of any exclusion from a base school.

Reassignment to an Alternative Education Program for Certain Criminal Offenses

Under Code of Virginia § 22.1-209.1:2 or § 22.1-277.2:1, PWCS is authorized to reassign or place students in alternative programs if the student has been charged or convicted of certain criminal offenses following the procedures set forth in PWCS policies and regulations. A student and parent may appeal the SHD decision to the School Board within 10 calendar days of the date of the SHD decision.

Appeals of Student Matters

The goal is to resolve issues at the school level whenever possible. In addition to the right to appeal suspension and expulsion decisions explained above, PWCS provides students and parents the right to appeal the following student matters:

• Academic appeals.
• Appeal of a decision involving a complaint of discrimination or harassment.
• Eligibility appeals - co curricular and extracurricular programs.
• Graduation appeals.
• Interscholastic activities and competition appeals.
• Music performance participation and academic/grade-related issues appeals (middle and high school).
• Placement in a nontraditional education program.
• Readmission to traditional school for non-elective placements.
• School transfers.

Please refer to Regulation 731-1, “Appeal of Student Matters,” for timelines and appeal procedures.