Responding to Student Behavior

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The Virginia Department of Education (VDOE) provides guidelines for school division response to certain student misconduct. These guidelines are voluntary and PWCS generally follows VDOE guidance. However, in some instances PWCS may impose more serious consequences for certain offenses considered particularly serious. In the categories below, any violation of the Code of Behavior marked with an asterisk (*) indicates that a disciplinary response may exceed the VDOE guidelines. For example, due to the seriousness of the conduct, PWCS considers the following offenses to be of particular concern, and therefore consideration of expulsion (Level 5) is mandatory:

  1. The possession, use, or distribution of prohibited substances as set forth in PWCS Regulation 735-1, “Prohibited Substances;”
  2. The possession of weapons, as set forth in PWCS Regulation 775-1, “Weapons and Other Prohibited Objects;”
  3. Physical assaults, battery, on a school staff member, and
  4. Group assaults.

Categories of Behavior Descriptors and Responses

The following lists combine the Categories of Student Behavior Descriptors and the Levels of Administrative Responses to facilitate the equitable, responsive application of student conduct standards. School boards are encouraged to differentiate responses to behavior for elementary and secondary students.

Category A: Behaviors that Impede the Academic Progress (BAP)

Behaviors in this category impede the academic progress of the student or of other students. For elementary students, level one responses are recommended for these behaviors. For secondary students, level one or level two responses are recommended. These behaviors should not involve or be reported to law enforcement.

  • Interfering with learning in the classroom (talking, excessive noise, off-task, out of seat, possessing items that distract).
  • Interfering with learning outside of the classroom (excessive noise, interrupting a class, etc.).
  • Scholastic dishonesty (cheating, plagiarism).
  • Unexcused tardiness to class (Level 1 at elementary; up to level 2 at secondary).
  • Unexcused tardiness to school (Level 1 at elementary; up to level 2 at secondary).

Category B: Behaviors related to School Operations (BSO)

These behaviors interfere with the daily operation of school procedures. Recommended responses to these behaviors for elementary and secondary students range from level one to level three. These behaviors do not require a report to law enforcement.

  • Altering an official document or record.
  • Giving false information to staff, misrepresentation.
  • Refusal to comply with requests of staff in a way that interferes with the operation of the school.
  • Failure to be in one’s assigned place on school grounds (Level 1 or 2 only).
  • Failure to attend assigned disciplinary setting (detention, in-school suspension, Saturday school).
  • Bringing unauthorized persons to school or allowing unauthorized persons to enter the school building.
  • Dress Code Violation (Level 1 or 2 only).
  • Gambling (games of chance for money or profit).
  • Possessing items that are inappropriate for school (examples include toys, literature, electronics).
  • Possession of stolen items.
  • Unauthorized use of school electronic or other equipment.
  • Violation of the Acceptable Use of Technology/internet policy.
  • Violation of school board policy regarding the possession or use of portable communication devices.
  • Vandalism, graffiti, or other damage to school or personal property.

Category C: Relationship Behaviors (RB)

Behaviors in this category create a negative relationship between two or more members of the school community (no physical harm is done.) For elementary and secondary students, recommended responses to these behaviors range from level one to level three. These behaviors do not require a report to law enforcement.

  • Bullying with no physical injury (Model Policy to Address Bullying in Virginia’s Public Schools).
  • Cyberbullying (Model Policy to Address Bullying in Virginia’s Public Schools).
  • Posting, distributing, displaying, or sharing material or literature that is libelous, including using electronic means to post such material.
  • Saying or writing either directly or through electronic communication sexually suggestive comments, innuendos, propositions, or other remarks of a sexual nature.
  • Stealing money or property without physical force.
  • Speaking to another in an uncivil, discourteous manner.
  • Teasing, taunting, engaging in a verbal confrontation, verbally inciting a fight.
  • Using profane or vulgar language or gestures (swearing, cursing, hate speech, gang signs or gestures).
  • Using slurs based upon the actual or perceived race, ethnicity, color, national origin, citizenship/immigration status, weight, gender, gender identity, gender expression, sexual orientation, or disability.
  • Failure to respond to questions or requests by staff.
  • Unwanted or inappropriate physical contact.

Category D: Behaviors of a Safety Concern (BSC)

Behaviors in this category create unsafe conditions for students, staff, and/or visitors to the school. The range of recommended responses for elementary and secondary students is noted in parenthesis and should be based on the age and development of the student and the harm caused by the behavior. Behaviors that are felony offenses require a report to law enforcement.

  • Alcohol: Possessing or using alcohol (Level 2 to 5).*
  • Alcohol: Distributing alcohol to other students (Level 2 to 5).*
  • Drugs: Possessing drug paraphernalia (Level 2 to 5).*
  • Drugs: Violating school board non-prescription (over the counter) medication policy (Level 2 to 5).*
  • Tobacco: Possessing/Using tobacco products, electronic cigarettes, vaping equipment (Level 2 to 5).*
  • Bullying Behavior without physical injury that continues after intervention (Model Policy to Address Bullying in Virginia’s Public Schools); bullying that leads to physical injury should be classified as Assault and Battery (Level 2 to 4).
  • Cyberbullying that continues after intervention (Model Policy to Addressing Bullying in Virginia’s Public Schools); cyberbullying that relates a threat to the safety of students and staff should be treated with a higher level of intervention and consequences. (Level 3 to 5).
  • Bus: Distracting the bus driver (Level 1 to 3).
  • Bus: Endangering the safety of others on the bus (Level 1 to 3).
  • Harassment: Repeatedly annoying or attacking a student or group of students or personnel creating an intimidating or hostile educational or work environment (Level 1 to 5).*
  • Fire alarm: Falsely activating a or other disaster alarm (Level 1 to 3).
  • Fire Related: Possessing items that could be used to set or cause a fire or produce large amounts of smoke (Level 1 to 3).
  • Engaging in reckless behavior that creates a risk of injury to self or others (Level 1 to 3).
  • Fighting that results in no injury as determined by the school administration (Level 1 to 4).*
  • Inciting or causing a substantial disturbance to the operation of school or the safety of staff and/or students (Level 1 to 3 for elementary; Level 2 to 5 for secondary).
  • Throwing an object that has the potential to cause a disturbance, injury, or property damage (Level 1 to 2 for elementary; up to Level 3 for secondary).
  • Shoving, pushing, striking a student with no visible injury (Level 1 to 3).
  • Exposing body parts, lewd or indecent public behavior (Level 1 to 3 for elementary; up to 4 for secondary).
  • Physical contact of a sexual nature – patting body parts, pinching, tugging clothing (Level 1 to 3 for elementary; up to level 4 for secondary).
  • Stalking: As described in the Code of Virginia § 18.2-60.3 (Level 3 to 5).* Certain stalking behaviors may fall under Title IX.
  • Stealing money or property using physical force (no weapon involved) (Level 1 to 2; up to Level 3 for secondary).
  • Leaving school grounds without permission (Level 1 for elementary; up to Level 2 for secondary).
  • Trespassing (Level 2 to 3).
  • Weapons: Possessing any weapon (other than a firearm) as defined by § 18.2-308.1 (Level 4 to 5).

Category E: Behaviors that Endanger Self or Others (BESO)

Behaviors in this category endanger the health, safety, and/or welfare of either the student or others in the school community. Recommended responses for all students range from level one to level five depending upon the age and development of the student and the danger caused by the behavior. The range of recommended responses is noted in parentheses. Behaviors that are felony offenses require a report to law enforcement.

  • Assault: Intending to cause physical injury to another person (Level 1 to 3).
  • Assault and Battery: Causing physical injury to another person (Level 3 to 5).
  • Bomb threat: Making a bomb threat (Level 2 to 5).*
  • Drugs: Possessing controlled substances, illegal drugs or synthetic hallucinogens or unauthorized prescription medications (Level 3 to 5).*
  • Drugs: Being under the influence of controlled substances, illegal drugs, or synthetic hallucinogens or unauthorized prescription medications (Level 3 to 5).*
  • Drugs: Using controlled substances or using illegal drugs or synthetic hallucinogens or unauthorized prescription medications (Level 3 to 5).*
  • Fighting: The use of physical violence between students or on another person where there is no injury as determined by the school administration (Level 1 to 4).*
  • Fire: Attempting to set, aiding in setting, or setting a fire (Level 2 to 4).
  • Gang-Related Behavior: Engaging in threatening or dangerous behavior that is gang-related as defined in Code of Virginia § 18.2-46.1. (Level 1 to 4).
  • Hazing: As defined in Code of Virginia § 18.2-56 and noted in Code of Virginia § 22.1-279.6 (Level 5).
  • Striking Staff: The use of force against a staff member when no injury is caused (Level 3 to 5).*
  • Threatening or instigating violence, injury, or harm to a staff member (Level 2 to 5).*
  • Threatening or instigating violence, injury, or harm to another student (Level 2 to 5).*
  • Using an object not generally considered to be a weapon to threaten or attempt to injure school personnel (Level 2 to 5).*
  • Using an object not generally considered to be a weapon to threaten or attempt to injure a student(s) or others (Level 2 to 5).*

Category F: Persistently Dangerous Behaviors (PDB)

These behaviors are used in calculations to identify a school as persistently dangerous. “The incidents to be used as measures for determining persistently dangerous public schools are those violent crimes and offenses against a person and the possession of drugs with intent to distribute or sell, all designated as felonies in the criminal section of the Code of Virginia (Title 18.2)." [1] These behaviors merit a report to the superintendent’s office and law enforcement and should be addressed in a manner consistent with a level 5 response:

  • Homicide with a firearm or other weapon includes any death resulting from causes other than natural, accidental, or suicide.
  • Sexual assault offenses are defined as sexual penetration without consent and includes statutory rape and carnal knowledge of a minor.
  • Use of bomb includes any explosive device.
  • Assault with a firearm or other weapon includes the intentional causing of bodily harm to an individual.
  • Malicious wounding without a weapon includes intentionally causing another person bodily injury, with the intent to maim, disfigure, disable, or kill.
  • Aggravated sexual battery includes sexual battery and abuse against a person less than fifteen years of age.
  • Actual and attempted robbery.
  • Kidnapping/abduction.
  • Illegal possession of a handgun, rifle/shotgun, projectile weapon, bomb, or other firearms.
  • Illegal possession of controlled drugs and substances with the intent to distribute or sell.

Code of Virginia § 22.1-277 addresses suspensions and expulsions of students generally. Here are the key points:

  1. 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. *
  1. 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).
  1. Expulsions: Similar rules apply for expulsions from attendance at school.

Additional Information:

  • Code of Virginia § 22.1-276.01. As amended by House Bill 1600 approved March 23, 2018, "Long-term suspension" means any disciplinary action whereby a student is not permitted to attend school for 11 to 45 school days. For data collection, removal from the student’s home school for disciplinary reasons constitutes suspension.
  • Code of Virginia § 22.1-276.01. "Expulsion" means any disciplinary action imposed by a school board or a committee thereof, as provided in school board policy, whereby a student is not permitted to attend school within the school division and is ineligible for readmission for 365 calendar days after the date of the expulsion.

[1] Virginia Board of Education’s Persistently Dangerous Schools Identification Process and Criteria