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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 as outlined in Regulation 744-1, “Short-Term Suspension of Students.” 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 SMAPD 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 SMAPD for consideration of further disciplinary action shall be decided by the SMAPD 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:
- The offense is one described in Code of Virginia § 22.1-277.07 or § 22.1-277.08 or involves serious bodily injury; or
- The School Board or Superintendent or designee finds that aggravating circumstances exist as defined by the VDOE.
Before a long-term suspension is imposed, the student shall have the right to a due process hearing conducted by the Student Management and Alternative Programs Department pursuant to those procedures explained in Regulation 745-1, “Long-Term Suspension or Expulsion of Students,” and Regulation 747-1, “Student Management and Alternative Programs Department (SMAPD).” Any further appeal shall be in accordance with Regulation 731-1, “Appeal of Student Matters,” Regulation 745-6, “Long-Term Suspension and Expulsion Appeals to the School Board,” and Regulation 745-2, “Discipline of Students with Disabilities. ”Long-Term Suspension or Expulsion of Students,” and Regulation 747-1, “Student Management and Alternative Programs Department (SMAPD).” Any further appeal shall be in accordance with Regulation 731-1, “Appeal of Student Matters,” Regulation 745-6, “Long-Term Suspension and Expulsion Appeals to the School Board,” and Regulation 745-2, “Discipline of Students with Disabilities.”
Parents and students may appeal Long-Term Suspension decisions following procedures set forth in Regulation 745-6, “Long-Term Suspension and Expulsion Appeals to the School Board,” which are summarized here. A parent or student may file a written appeal within four business days of the date of the SMAPD decision letter. The written appeal must be submitted to SMAPD and must 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 SMAPD 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 SMAPD hearing officer’s decision in closed session. The SBDC may uphold, deny, or amend the decision of the SMAPD 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 five business days of the SBDC’s decision, notify SMAPD 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.