Code of Virginia § 22.1-277 addresses suspensions and expulsions of students generally. Here are the key points:
- Sufficient Cause for Suspensions and Expulsions:
- Students may be suspended or expelled from school for sufficient cause.
- However, sufficient cause for suspensions cannot include only instances of truancy.*
- Preschool through Grade Three:
- For students in preschool through grade three, the following rules apply:
- Suspensions: No student in this age group shall be suspended for more than three school days unless:
- The offense involves physical harm or a credible threat of physical harm to others.
- The local school board or division superintendent finds that aggravating circumstances exist, see Suspension or Expulsion of Students in Preschool through Grade 3 as outlined in Regulation 744-1.
- Expulsions: Similar rules apply for expulsions from attendance at school.
- For students in preschool through grade three, the following rules apply:
- Exceptions:
- There are exceptions provided in subsections C, Code of Virginia § 22.1-277.07, or Code of Virginia § 22.1-277.08.
These interventions and responses aim to teach appropriate and alternative behavior so students can learn and demonstrate safe and respectful behavior. The examples above are not all-inclusive nor required to be exhaustive. In every case, the staff should consider revisions to plans supporting students with special needs (response to intervention, child study, IEP, or 504).
[1] Virginia Board of Education’s Persistently Dangerous Schools Identification Process and Criteria