Tiered Responses to Student Behavior

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Tiered responses to student behavior are part of a comprehensive Multi-Tiered System of Supports framework that includes instructional, preventive, and proactive strategies. When students do not meet behavioral expectations, they receive intervention 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.

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.
Class meeting.
Confiscation of disruptive communication and entertainment devices.
Focus on prevention of tobacco and vaping use.
Re-teaching or modeling of desired behavior.
Recognize/Reward appropriate behavior.
Administrator/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.
Referral to Threat Assessment Team.

Level 1 Disciplinary Responses

Restitution.
Seat change.
Loss of school privileges.
Confiscation by the administration.
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.

In-school suspension (1-2 days) with behavioral instruction and academic support.

Examples of Administrative Interventions and Disciplinary Responses:

Level 2 Interventions

Student conference.
Restorative Practices Conference and/or Circle (formal).
Administrator/Teacher/Counselor/Student conference (includes re-teaching of expected behavior).
Administrator/Teacher/Parent/Guardian conference.
Check-In/Check-Out.
Mentor.
Mediation or conflict resolution.
Referral to support services (e.g., School Counselor, Behavior Interventionist, Mentor Program, and Problem-Solving Team (for example, MTSS), Substance Use and Intervention Program).
Referral to Individualized Education Plan (IEP) Team.
Referral to Threat Assessment Team.
Community service (appropriate to correct the behavior).
Referral for community-based services.

Level 2 Disciplinary Responses

Schedule change.
Detention (before school, at lunch, or after school).
Saturday school.
Restitution.
Confiscation.
Temporary loss of privileges.
In-school suspension with behavioral interventions and/or restorative practices (one to three 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 Extended Suspension and Disciplinary Responses:

Level 3 Interventions

Behavior Contract.
Functional Behavior Assessment and Behavior Intervention Plan.
Referral to Threat Assessment Team.
Referral to an appropriate community-based agency, mental health service, substance abuse counseling service, etc.

Level 3 Disciplinary Responses

In-school suspension with restorative practices (not to exceed five days).
Revocation of privileges.
Restitution.
Referral to alternative education programs.
Short-term out-of-school suspension (one to three days for elementary students/one to five days for secondary students) with a restorative circle or conference upon return.
Referral to law enforcement if required by local policy.

Level 4 Responses

Some Level 4 behaviors require a report to the superintendent or superintendent’s designee (Student Management and Alternative Programs – SMAPD) as outlined in the Code of Virginia § 22.1-279.3:1. A referral to SMAPD does not automatically result in a long-term suspension, change of placement or expulsion. After a review of the incident in context, SMAPD may return students to the comprehensive setting with additional supports and/or responses to be implemented.

Level 4 Behavioral 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.

Level 4 Disciplinary Responses

Referral to law enforcement for behaviors that may constitute a felony or that are required by local policy.
Schedule change.
Long-term revocation of privileges.
Restitution via written contract.
Short-term out-of-school suspension (for preschool to grade three students one to three days, four to ten days for fourth- to sixth-grade students, or five to ten days for seventh- to twelfth-grade students).
Recommendation for a long-term suspension as determined by local policy or by Code (11 to 45 days as defined in § 22.1-276.01).

Level 5 responses

Level 5 responses are reserved for those behaviors that require a referral to SMAPD. For preschool to grade three students, any suspension beyond three days must meet the criteria for aggravating circumstances and be approved by the Superintendent’s designee (level associate). A referral to the superintendent’s designee or SMAPD may not automatically result in an expulsion, alternative placement, school reassignment, or long-term suspension. Appropriate behavioral interventions and instructional supports should accompany any removals from the student’s regular school setting by the superintendent or designee.

Required School-based Administrative Responses to Level 5 Behaviors:

Threat Assessment as indicated by the behavior.
Referral to law enforcement for behaviors that may constitute a felony or that are required by local policy.
Referral to SMAPD for further disciplinary action.
Long-term suspension (11-45 days) as defined in the Code of Virginia § 22.1-276.01.
Alternative placement.
Expulsion.

Suspensions and Expulsions

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.

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