HB 1600

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HB 1600
  2018 SESSION LEGISLATION NOT PREPARED BY DLSINTRODUCED 18105597D 1 HOUSE BILL NO. 16002  Offered January 19, 2018 3  A BILL to amend and reenact §§ 22.1 - 276.01 and 22.1 - 277.05 of the Code of Virginia, relating to 4  public schools; student discipline; long - term suspension. 5  –––––––––– Patrons –– Bourne, Bell, Richard P., Adams, D.M., Aird, Ayala, Bagby, Bell, John J., Carroll Foy, Carter,Convirs - Fowler, Delaney, Filler - Corn, Gooditis, Guzman, Hayes, Heretick, Herring, Hope, Hugo,Hurst, James, Jones, J.C., Keam, Krizek, Levine, Lindsey, Lopez, McQuinn, Mullin, Peace, Plum,Price, Rasoul, Reid, Rodman, Roem, Sickles, Simon, Sullivan, Torian, Toscano, Tran, Tyler,VanValkenburg and Watts; Senator: McClellan 6  –––––––––– 7  Referred to Committee on Education 8  –––––––––– 9 Be it enacted by the General Assembly of Virginia:10 1. That §§ 22.1 - 276.01 and 22.1 - 277.05 of the Code of Virginia are amended and reenacted as11 follows:12 § 22.1 - 276.01. Definitions.13  A. For the purposes of this article, unless the context requires a different meaning: 14   Alternative education program includes night school, adult education, or any other education 15  program designed to offer instruction to students for whom the regular program of instruction may be 16  inappropriate. 17   Bullying means any aggressive and unwanted behavior that is intended to harm, intimidate, or 18  humiliate the victim; involves a real or perceived power imbalance between the aggressor or aggressors 19  and victim; and is repeated over time or causes severe emotional trauma. Bullying includes cyber 20  bullying. Bullying does not include ordinary teasing, horseplay, argument, or peer conflict. 21   Disruptive behavior means a violation of school board regulations governing student conduct that 22  interrupts or obstructs the learning environment. 23   Exclusion means a Virginia school board ' s denial of school admission to a student who has been 24  expelled or has been placed on a long - term suspension of more than 30 calendar days by another school 25  board or a private school, either in Virginia or another state, or for whom admission has been withdrawn 26  by a private school in Virginia or another state. 27   Expulsion means any disciplinary action imposed by a school board or a committee thereof, as 28  provided in school board policy, whereby a student is not permitted to attend school within the school 29  division and is ineligible for readmission for 365 calendar days after the date of the expulsion. 30   Long - term suspension means any disciplinary action whereby a student is not permitted to attend 31  school for more than 10 school days but less than 365 calendar  11 to 45 school  days. 32   Short - term suspension means any disciplinary action whereby a student is not permitted to attend 33  school for a period not to exceed 10 school days. 34  B. For the purposes of §§ 22.1 - 277.04, 22.1 - 277.05, 22.1 - 277.2, and 22.1 - 277.2:1, superintendent ' s 35  designee means a (i) trained hearing officer or (ii) professional employee within the administrative 36  offices of the school division who reports directly to the division superintendent and who is not a 37  school - based instructional or administrative employee. 38 § 22.1 - 277.05. Long - term suspensions; procedures; readmission.39  A. A pupil may be suspended from attendance at school for more than ten  11 to 45 school  days after 40  providing written notice to the pupil and his parent of the proposed action and the reasons therefor and 41  of the right to a hearing before the school board, or a committee thereof, or the superintendent or his 42  designee, in accordance with regulations of the school board. If the regulations provide for a hearing by 43  the superintendent or his designee, the regulations shall also provide for an appeal of the decision to the 44  full school board. Such appeal shall be decided by the school board within thirty  30  days. 45  If the regulations provide for a hearing by a committee of the school board, the regulations shall also 46  provide that such committee may confirm or disapprove the suspension of a student. Any such 47  committee of the school board shall be composed of at least three members. If the committee ' s decision 48  is not unanimous, the pupil or his parent may appeal the committee ' s decision to the full school board. 49  Such appeal shall be decided by the school board within thirty  30  days. 50  B. A school board shall include in the written notice of a suspension for more than ten  11 to 45 51  school  days required by this section, notification of the length of the suspension. In the case of a 52  suspension for more than ten  11 to 45 school  days, such written notice shall provide information 53  concerning the availability of community - based educational, alternative education, or intervention 54  programs. Such notice shall also state that the student is eligible to return to regular school attendance INTR OD U CED HB1   6   0   0           2        /       7        /        1        8        1        8     :        3        8  HB1600  2 of 2 55  upon the expiration of the suspension or to attend an appropriate alternative education program approved 56  by the school board during or upon the expiration of the suspension. The costs of any community - based 57  educational, alternative education, or intervention program that is not a part of the educational program 58  offered by the school division that the student may attend during his suspension shall be borne by the 59  parent of the student. 60  Nothing in this section shall be construed to prohibit the school board from permitting or requiring 61  students suspended pursuant to this section to attend an alternative education program provided by the 62  school board for the term of such suspension.
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