Tiered Responses to Student Behavior

Tiered responses to student behavior are part of a comprehensive Multi-Tiered System of Supports (MTSS) framework that includes instructional, preventive, and proactive strategies. When students do not meet behavioral expectations, they receive interventions and supports to address the root causes of the behavior and learn acceptable replacement behaviors. Through the use of restorative practices, students will acquire an understanding of respect for self and others and skills to become good citizens. Interventions and responses that include the use of restorative practices do not replace consequences for violations of the Code of Behavior. When a specific student’s behavior does not change following an intervention or the behavior increases in frequency, intensity, or duration, a problem-solving approach identifies alternative interventions and responses. The following “Interventions” and “Disciplinary Responses” provide guidance but are not limited to each list.

Level 1 Responses

Level 1 responses are intended to prevent further behavioral issues while keeping the student in school.

Examples of school/classroom interventions and disciplinary responses:

Level 1 Interventions

• Parent/guardian contact.
• Student conference.
• Class meeting.
• Confiscation of disruptive communication and entertainment devices.
• Focusing on prevention of tobacco and vaping use.
• Reteaching or modeling of desired behavior.
• Recognizing and rewarding appropriate behavior.
• Teacher/student or teachers/student/parent conference.
• Administrator and student conference and/or administrator/student/teacher conference.
• Written reflection or letter of apology.
• Peer mediation or conflict resolution.
• Behavior progress chart.
• Community service (appropriate to correct the behavior).
• Administrator, teacher, parent/guardian conference.

Level 1 Disciplinary Responses

• Restitution.
• Seat change.
• Loss or temporary suspension of school privileges.
• Confiscation.
• Detention (before school, at lunch, after school).

Level 2 Responses

Administrative responses and interventions at this level are designed to prevent further behavior issues and keep the student in school. Depending upon the severity of the behavior, short-term removal of the student from the classroom may be appropriate.

Examples of school/classroom interventions and disciplinary responses:

Level 2 Interventions

• Student conference.
• Restorative Practices Conference and/or Circle (formal).
• Administrator, teacher, counselor, student conference (includes reteaching of expected behavior).
• Administrator, teacher, parent/guardian conference.
• Check-in and check-out.
• Assignment of a mentor.
• Mediation or conflict resolution.
• Referral to support services (e.g., School Counselor, Behavior Specialist, Mentor Program, Student Support Team [e.g., MTSS], Substance Use and Intervention Program).
• Review by Individualized Education Program (IEP) or 504 Team if applicable.
• Referral to Threat Assessment Team.
• Community service (appropriate to correct the behavior).
• Referral for community-based services.

Level 2 Disciplinary Responses

• Change in class schedule.
• Detention (before school, at lunch, or after school).
• Saturday detention/school.
• Restitution.
• Confiscation.
• Loss or temporary suspension of school privileges.
• In-school suspension with behavioral interventions and/or restorative practices (1-3 days).

Level 3 Responses

Depending upon the severity, chronic nature of the behavior, and/or safety concerns, Level 3 behaviors may result in the student’s short-term removal from school.

Examples of school/classroom interventions and disciplinary responses:

Level 3 Interventions

• Administrator/teacher/parent/guardian conference.
• Behavior contract (developed with and signed by the student, parent/guardian, and school officials).
• Functional Behavior Assessment (FBA) and Behavior Intervention Plan (BIP).
• Referral to Threat Assessment Team.
• Referral to an appropriate community-based agency, mental health service, substance abuse counseling service, etc.

Level 3 Disciplinary Responses

• Detention(s).
• In-school suspension with restorative practices (three or more days, not to exceed five days).
• Revocation of privileges.
• Restitution.
• Referral to alternative education programs.
• Short-term out-of-school suspension (1-3 days for elementary students, 1-5 days for secondary students) with a restorative circle or conference upon return.
• Referral to law enforcement for those offenses identified as a mandatory report in the Acts for Which a Student May be Disciplined section.

Level 4 Responses

Some Level 4 behaviors require a report to the Superintendent or to the Student Hearings Department as outlined in the Code of Virginia § 22.1-279.3:1. In turn, the Superintendent must report all such incidents annually to the Virginia Department of Education. Some Level 4 Behaviors permit or require the school principal to refer the student to the SHD for consideration of further disciplinary action (FDA). A referral for FDA does not automatically result in a long-term suspension, a reassignment to a different traditional school or to a nontraditional education program, or expulsion. Any student referred for FDA will be given a hearing before any decision is made and a right to appeal the decision. A hearing officer may impose disciplinary consequences up to and including a recommendation for expulsion but also is permitted to decide that no discipline should be imposed and the student must be returned to the student's school depending on the facts and circumstances of the incident and the student.

Level 4 Interventions (in addition to those listed in Levels 1-3)

• Parent-administrator-teacher-student behavior contract.
• Referral for community-based services.
• Threat Assessment as indicated by the behavior.
• Schedule change.
• Restitution via written contract.

Level 4 Disciplinary Responses

• Referral to law enforcement for behaviors that may constitute a felony or that are required by local policy.
• Long-term revocation of privileges.
• Short-term out-of-school suspension (1-3 days for preschool to grade three students, 4-10 days for fourth to sixth grade students, or 5-10 days for seventh to 12th grade students).
• Recommendation for a long-term suspension as determined by local policy or by the Code of Virginia (11 to 45 days as defined in Code of Virginia § 22.1-276.01).
• Except as provided in Code of Virginia §§ 22.1-277(B), 22.1-277.07, or 22.1-277.08, no student in grades preschool through three shall be suspended for more than three school days unless 1) the offense involves physical harm or credible threat of physical harm to others, or 2) the local school board or the superintendent or designee finds that aggravating circumstances exist, as defined by the Virginia Department of Education.

Level 5 Responses

• Level 5 responses are reserved for those behaviors that require a referral to the Superintendent’s designee for possible long-term suspension, reassignment, or expulsion. For grades preschool-3 students, these incidents are referred to the SHD for review in collaboration with the school administrator, Level Associate Superintendent, Special Education (if applicable), Director of Preschool Programs (if applicable), and any other relevant stakeholders.
• Students in grades 4-12 will be referred to the SHD, who will appoint a hearing officer to decide the matter.

School-Based Administrative Responses to Level 5 Behaviors

• Threat Assessment as indicated by the behavior.
• Referral to law enforcement for behaviors that are identified as a mandatory report in the Acts for Which a Student May be Disciplined section.
• Referral to the SHD for students in grades preschool-3. The SHD must find that the incident involved aggravating circumstances, physical harm, or a credible threat of physical harm to impose a suspension for more than three school days. In the unusual circumstance that an incident would indicate a need for discipline beyond 10 school days, e.g., possession of certain weapons or certain prohibited substances for which expulsion is required under state and federal law unless special circumstances are found, the SHD would review the incident in collaboration with the school administrator, Level Associate Superintendent, Special Education (if applicable), Director of Preschool Programs (if applicable), and any other relevant stakeholders. The SHD will ensure the student is provided a hearing and appeal rights, as is the case with older students.
• Referral to the SHD for students in grades 4-12. Any student referred for FDA will be given a hearing before any decision is made and a right to appeal the decision. A hearing officer may impose disciplinary consequences up to and including a recommendation for expulsion but also is permitted to decide that no discipline should be imposed and the student must be returned to the student’s school depending on the facts and circumstances of the incident and the student. Any student removed from the student’s regular school setting will be provided appropriate behavioral interventions and instructional support. For removals, after the 10th day, students with disabilities must receive special education services as determined by their IEP team.