Virginia Code 22.1-277: Suspensions and expulsions of students generally.
A. Students may be suspended or expelled from attendance at school for sufficient cause; however, in no cases may sufficient cause for suspensions include only instances of truancy.
Terms Used In Virginia Code 22.1-277
- Conviction: A judgement of guilt against a criminal defendant.
- Department: means the Department of Education. See Virginia Code 22.1-1
- Division superintendent: means the division superintendent of schools of a school division. See Virginia Code 22.1-1
- School board: means the school board that governs a school division. See Virginia Code 22.1-1
- Superintendent: means the Superintendent of Public Instruction. See Virginia Code 22.1-1
B. Except as provided in subsection C or § 22.1-277.07 or 22.1-277.08, no student in preschool through grade three shall be suspended for more than three school days or expelled from attendance at school, unless (i) the offense involves physical harm or credible threat of physical harm to others or (ii) the local school board or the division superintendent or his designee finds that aggravating circumstances exist, as defined by the Department.
C. Any student for whom the division superintendent of the school division in which such student is enrolled has received a report pursuant to § 16.1-305.1 of an adjudication of delinquency or a conviction for an offense listed in subsection G of § 16.1-260 may be suspended or expelled from school attendance pursuant to this article.
D. The authority provided in § 22.1-276.2 for teachers to remove students from their classes in certain instances of disruptive behavior shall not be interpreted to affect the operation of § 22.1-277.04, 22.1-277.05, or 22.1-277.06.
E. Notwithstanding the provisions of § 22.1-277.08, no school board shall be required to suspend or expel any student who holds a valid written certification for the use of cannabis oil issued by a practitioner in accordance with § 4.1-1601 for the possession or use of such oil in accordance with the student’s individualized health plan and in compliance with a policy adopted by the school board.
Code 1950, §§ 22-230.1, 22-230.2; 1972, c. 604; 1980, c. 559; 1984, c. 415; 1997, cc. 371, 585, 608, 734, 830; 1998, cc. 355, 379, § 22.1-277.02; 2001, cc. 688, 820; 2003, c. 119; 2009, c. 70; 2018, c. 585; 2019, cc. 573, 574; 2023, cc. 740, 773.