A Parent s Guide To Understanding Student Discipline Policies and Practices In Virginia Schools

Transcription

1 A Paret s Guide To Uderstadig Studet Disciplie Policies ad Practices I Virgiia Schools OH o, How could this happe? what should I do? Virgiia Departmet of Educatio

2 The Paret Guide to Uderstadig Studet Disciplie Policies ad Practices i Virgiia Schools was developed by the Office of Studet Services, Virgiia Departmet of Educatio. May (c) 2008 by the Virgiia Departmet of Educatio All rights reserved. Paret Guide to Studet Disciplie Advisory Group The authors gratefully ackowledge the assistace of members of the project Advisory Group, represetig educators ad parets, who geerously cotributed their time ad expertise to the developmet of this Guide. Debra Abadie, Virgiia PTA C. Michael Newma, Assistat Executive Director for Program Services Virgiia Associatio of Secodary School Pricipals Thomas L. Shortt, Executive Director Virgiia Associatio of Elemetary School Pricipals Elizabeth Ewig, Director, Legal ad Policy Services Virgiia School Boards Associatio Robert Talley, Admiistrator for Pupil Placemet Services Chesterfield Couty Public Schools Judy Mahler, School Disciplie Officer (retired) Newport News Public Schools Virgiia Departmet of Educatio Arlee Cudiff, Coordiator, Safe ad Drug-Free Schools Program Authors: Ae J. Atkiso, Ph.D. ad Rebecca V. Gillette, M.A. PolicyWorks, Ltd., Richmod, VA Fudig for developmet ad pritig of this publicatio was provided by the Safe ad Drug- Free Schools ad Commuities Act (SDFSCA) CFDA #84.186A ii

3 Table of Cotets Page A Letter To Parets Esurig Safe Learig Eviromets Studet Resposibilities Ad Rights Q.1. What are my child s resposibilities at school? Q.2. How does my child kow what behavior is expected? Q.3. What are the rights ad resposibilities of parets? Q.4. Uder what circumstaces ca a teacher remove my child from class? Q.5. Ca my child be spaked? Q.6. What is the differece betwee suspesio ad expulsio? Q.7. Who has authority to susped my child from school? Q.8. What are policies o self defese? Q.9. What happes if my child misbehaves at school? Q.10. What are my child s rights if he or she is accused of breakig a school rule? Q.11. Will my child be able to keep up with his or her class assigmets while he or she is suspeded from school? Q.12. Will alterative educatio programs be provided to my child if he or she is expelled? Q.13. What offeses ca result i expulsio? Q.14. Why were the police called whe my child got i trouble at school? Q.15. My child has a disability ad has a IEP. Is he or she subject to the s ame discipliary procedures as a child without a disability? Discipliary Processes ad Procedures Q.16. My child has bee suspeded from school. What do I eed to kow? Q.17. If my child gets a short-term suspesio, what does that mea? Q.18. If my child gets a log-term suspesio, what does that mea? Q.19. If my child is expelled, what does that mea? Q.20. My child was expelled from school. If we move to aother couty will he or she be able to eroll i school there? iii

4 Q.21. What should I kow about disciplie hearigs? Q.22. Whe will a disciplie hearig be scheduled? Q.23. What ca I expect at the hearig? Q.24. What ca I do to prepare for a disciplie hearig? Q.25. How ca I appeal the school board s fial decisio? Q.26. How ca I esure that my child follows school rules as stated i the Studet Code of Coduct? Recommedatios For Parets Prevetig problems If problems arise If your child is suspeded Preparig for a disciplie hearig Sample Disciplie Policies Additioal Iformatioal Resources iv

5 A Letter To Parets Dear Parets, The Virgiia Departmet of Educatio has prepared this Guide to assist you i uderstadig studet disciplie policies ad practices i Virgiia s public schools. While the Guide will be iformative to all parets, it is primarily iteded to aswer questios frequetly asked by parets whose childre have violated studet coduct policies ad have experieced discipliary cosequeces. Topics addressed iclude the followig: How Virgiia law establishes the framework for studet coduct policies ad procedures The authority of local school boards i establishig local policies ad procedures Resposibilities of school admiistrators to esure safe ad secure learig eviromets Rights ad resposibilities of studets ad of parets The discipliary process related to suspesio ad expulsio from school The Guide icludes basic iformatio o Virgiia laws ad a series of questios frequetly asked by parets. Questios are i bold prit. Aswers are iteded to be brief, uderstadable, ad jargo-free. May of the aswers iclude a referece to the Code of Virgiia or other resources where you may go for more detailed iformatio. At the ed of the Guide is a list of additioal iformatio resources. We hope that this Guide will ecourage you to do the followig: Support your school s efforts to provide a safe, orderly eviromet coducive to learig for your child ad all studets. Read carefully the school divisio s Studet Code of Coduct. If somethig is uclear or cocers you, talk with your child s pricipal. Review the Studet Code of Coduct with your child to esure that he or she uderstads the rules ad possible cosequeces for breakig them. If your child breaks a rule ad is disciplied, talk with your child to lear his or her versio of what occurred. Meet with the teacher ad school admiistrator immediately to talk about the icidet ad to develop strategies for prevetig it from happeig agai. Uderstad that Virgiia law gives the local school board fial admiistrative authority i all disciplie matters. Work with your child s school to achieve the goal of resposible behavior. Remember, the goal of school disciplie is ot to puish, but to correct behavior. Be a advocate for your child by seekig other types of itervetio, if eeded. Discipliary actio aloe may ot address some problems cotributig to miscoduct. 1

6 Esurig Safe Learig Eviromets Virgiia Laws ad Regulatios The importace of esurig that schools are safe ad coducive to learig is reflected i umerous laws eacted by the Virgiia Geeral Assembly ad regulatios established by the Virgiia Board of Educatio. Amog other resposibilities, local school boards are required to Establish policies desiged to provide that public educatio be coducted i a atmosphere free of disruptio ad threat to persos or property ad supportive of idividual rights ( :7.D.3, Code of Virgiia) Adopt codes of studet coduct ad procedures for suspesio ad expulsio ( B, Code of Virgiia) Develop programs to prevet violece ad crime o school property ad at schoolsposored evets. ( , Code of Virgiia) Regulatios Establishig Stadards for Accreditig Public Schools i Virgiia state that pricipals are resposible for effective school maagemet that promotes a safe ad secure eviromet i which to teach ad lear. Pricipals must esure that the school divisio s studet code of coduct is eforced ad seek to maitai a safe ad secure school eviromet. Admiistrators must also esure a writte procedure... for respodig to violet, disruptive or illegal activities by studets o school property or durig schoolsposored activity. (Sectio 8 VAC A ad B ad C.3) The Role of School Pricipals School admiistrators have the resposibility for carryig out policies established by the local school board. At the school level, pricipals have primary resposibility for eforcig the Studet Code of Coduct. They are typically authorized by local school boards to impose a broad rage of discipliary actios such as i-school suspesio, after-school detetio, suspesio of certai privileges, ad out-of-school suspesio for up to te days. The Role of the Superitedet/Discipliary Hearig Officer At the school divisio level, the superitedet admiisters disciplie policy. I most school divisios there is a superitedet s desigee who typically coducts discipliary hearigs, has authority to susped for more tha te days, ivestigates icidets, ad prepares recommedatios for actio by the school board. Virgiia law defies the desigee as a (i) traied hearig officer or (ii) professioal employee withi the admiistrative offices of the school divisio who reports directly to the divisio superitedet ad who is ot a schoolbased istructioal or admiistrative employee ( B, Code of Virgiia). The Role of Local School Boards I accordace with Virgiia laws ad regulatios, oly local school boards have the authority to establish studet coduct policies ad procedures, ofte referred to as disciplie policies. Fial admiistrative authority for all discipliary matters rests with local school boards which 2

7 determie how ad uder what circumstaces a discipliary actio may be appealed. Oly a local school board has the authority to expel a studet from school. The followig questios ad aswers are iteded to help you better uderstad school disciplie policy. The questios listed are those most frequetly asked by parets whe their childre are ivolved i a discipliary process. Studet Resposibilities ad Rights Q.1. What are my child s resposibilities at school? A.1. At school your child must do the followig: Atted school ad get to class o time Follow school coduct expectatios ad rules set forth i the school divisio s Studet Code of Coduct. (Remember, these apply o the bus to ad from school ad at school-sposored activities - eve away from school ad outside school hours) Follow idividual school ad classroom rules that are typically i school hadbooks ad posted i classrooms Show respect to other studets ad school staff. Not brig to school, use, or possess drugs, alcohol, or tobacco products Not brig to school, use, or possess ay weapo or other baed object Not participate i ay gag or gag-related activity Not participate i fights or other forms of violece Q.2. How does my child kow what behavior is expected? A.2. At the begiig of each school year, your child will receive a writte copy of the Studet Code of Coduct that has bee approved by the local school board. If you eroll your child i a school after the begiig of a school year you ad your child will receive the Studet Code of Coduct as part of the erollmet process. School rules are typically listed i school hadbooks, ad classroom rules are typically posted i classrooms ad reviewed by teachers o the first day of school. Schools carefully review the rules ad cosequeces with studets as part of studet orietatios, i assemblies, ad/or i classrooms. Some schools eve have quizzes to test studet uderstadig of the rules. I commuities with may o- Eglish-speakig families, codes ad related disciplie materials may be available i several laguages. 3

8 Q.3. What are the rights ad resposibilities of parets? A.3. Virgiia law states that parets have resposibilities to assist the school i eforcig the stadards of studet coduct ad compulsory school attedace ( , Code of Virgiia). Withi oe caledar moth of the opeig of school, school boards are required to sed parets of each erolled studet (i) a otice of paretal resposibilities, (ii) a copy of the school board s stadards of studet coduct, ad (iii) a copy of the compulsory school attedace law. Parets are required to sig a form ackowledgig they received the materials which iclude a otice that, by sigig the statemet of receipt, parets are ot givig up rights protected by the costitutios or laws of the Uited States or the Commowealth. The otice also iforms parets of the right to express disagreemet with a school s or school divisio s policies or decisios. A local school board s policy will iclude the coditios for requirig paret ivolvemet ad steps for takig actio agaist parets i juveile ad domestic relatios court for willful ad ureasoable refusal to participate i efforts to improve the studet s behavior or school attedace. A paret is required to provide to the school iformatio cocerig crimial covictios or deliquecy adjudicatios for serious crimes listed i , Code of Virgiia such as firearms offeses, assaults, drug-related offeses, burglary, robbery, or gag activity ( A ad B, Code of Virgiia). Recommedatios for Parets Review the Studet Code of Coduct ad school hadbook with your child to esure that he/she uderstads the rules ad cosequeces for breakig them. If somethig is uclear or cocers you, talk with your child s pricipal. Read carefully the school divisio s otices to you about your rights ad resposibilities as a paret. If somethig is uclear or cocers you, be sure to talk with your child s pricipal. If your child has bee foud guilty or ot iocet of breakig a law, you must iform the school. If your child has a history of problem coduct (or poor academic performace), work closely with school persoel to select classes/programs where your child has the best opportuity for success. Q.4. Uder what circumstaces ca a teacher remove my child from class? A.4. Teachers have iitial authority to remove a child from a classroom for disruptive behavior. Disruptive behavior is defied as coduct that iterrupts or obstructs the learig eviromet ( , Code of Virgiia). The local school board policy will specify each of the followig: The criteria for removal Requiremets for reportig removals to school admiistrators

9 Procedures for otifyig parets of ay icidet reported Guidelies for alterative assigmet ad istructio of a studet who is removed ad the duratio of the removal Procedures for retur to class Whe a studet is removed from class, parets will be offered the opportuity to meet with the teacher ad school admiistrators. Recommedatio for Parets If your child is removed from class for disruptive behavior, talk with your child to lear about their versio of what occurred. Meet with the teacher ad school admiistrator immediately to develop strategies for prevetig it from happeig agai. Q.5. Ca my child be spaked? A.5. No. Virgiia law states, No teacher, pricipal or other perso employed by a school board or employed i a school operated by the Commowealth shall subject a studet to corporal puishmet. Corporal puishmet meas iflictig physical pai o a studet as a meas of disciplie ( , Code of Virgiia). The law agaist corporal puishmet does ot prevet: (i) the use of icidetal, mior or reasoable physical cotact or other actios desiged to maitai order ad cotrol; (ii) use of reasoable ad ecessary force to quell a disturbace or remove a studet from the scee of a disturbace which threates physical ijury to persos or damage to property; (iii) the use of reasoable ad ecessary force to prevet a studet from iflictig physical harm o himself; (iv) the use of reasoable ad ecessary force for self-defese or the defese of others; or (v) the use of reasoable ad ecessary force to obtai possessio of weapos or other dagerous objects or cotrolled substaces or parapheralia which are upo the perso of the studet or withi his cotrol. The defiitio also does ot iclude physical pai, ijury or discomfort caused by participatio i practice or competitio i a iterscholastic sport, or participatio i physical educatio or a extracurricular activity. Q.6. What is the differece betwee suspesio ad expulsio? A.6. Short-term suspesio, log-term suspesio, ad expulsio are defied i , Code of Virgiia.

10 Short-term suspesio is defied as discipliary actio whereby a studet is ot permitted to atted school for a period ot to exceed te days. Log-term suspesio is defied as discipliary actio whereby a studet is ot permitted to atted school for more tha te school days but less tha 365 caledar days.. Expulsio is defied as discipliary actio imposed by a school board whereby a studet is ot permitted to atted school withi the school divisio ad is ieligible for readmissio for 365 caledar days after the date of the expulsio. Studets may apply or reapply for readmissio i accordace with school board policy. The schedule for cosiderig applicatios for readmissio is required to be established so that, if the readmissio is grated, the studet would be allowed to retur to school withi oe caledar year from the expulsio ( , Code of Virgiia). Although the overwhelmig majority of suspesios ad expulsios result from acts at school or school-sposored activities, a studet may be suspeded or expelled also for acts off school property whe the acts lead to a court judgmet of deliquecy, a covictio for very serious crimes, or a charge that would be a feloy if committed by a adult. These laws were eacted by the Virgiia Geeral Assembly with the itet of protectig studets from others who have committed violece or other serious crimes ( , , ad , Code of Virgiia). Q.7. Who has authority to susped my child from school? A.7. The school pricipal or assistat pricipal have the authority to susped studets out-of-school for up to te days. The superitedet or desigee, typically called a discipliary hearig officer ad appoited by the school board, may susped a studet for more tha te days. Oly a school board has the authority to expel a studet. Virgiia law permits schools to susped ad expel studets for sufficiet cause, defied by school board policy ( , Code of Virgiia). The studet coduct policy established by the school board lists the offeses for which a studet ca be suspeded or expelled. Additioal iformatio o suspesio ad expulsio is provided i aswers to Questios 16, 17, ad 18. Q.8. What are policies o self defese? A.8. The local school board determies policy. The Studet Code of Coduct may address self defese as a factor i determiig appropriate discipliary actio, but is ot required to address the issue. The Virgiia Studet Coduct Policy Guidelies (pp.29-30) advise that if a school board 6

11 develops policies o self defese, the policies should defie whe a icidet would be cosidered a act of self defese. The criteria used i the judicial system requires that the perso claimig self defese must: Be without fault i provokig or brigig o the fight or icidet; Have reasoably feared, uder the circumstaces as they appeared to him or her, that he or she was i dager of harm; ad Have used o more force tha was reasoably ecessary to protect himself or herself from the threateed harm. Regardless of circumstaces, studets are ever to possess weapos of ay kid o school property or school-sposored activities. Recommedatios for Parets Be alert to ay idicatio that your child may be feelig threateed ad fid out what is goig o. Help your child to develop strategies that will eable him or her to avoid gettig i trouble. Cotact your child s pricipal to seek a resolutio to ay coditios that have made your child feel the eed to defed himself or herself. Q.9. What happes if my child misbehaves at school? A.9. The specific cosequeces will deped o the studet coduct policy. I geeral, the more serious the offese, the more serious the cosequeces. It is importat to remember that discipliary actios i school are iteded to correct behavior. Corrective discipliary actio may rage from a verbal warig to expulsio from school. School admiistrators cosider may factors i determiig cosequeces, icludig the particular circumstaces of a icidet ad whether it is a first or repeat offese. Some examples of corrective discipliary actios available to school admiistrators are listed below. These are examples oly; some discipliary actios listed may ot be used by your child s school ad others that are ot listed may be used. Warig ad couselig Paret/pupil coferece Chages to studet classroom assigmet or schedule Studet behavior cotract Referral to studet support services After-school or i-school detetio Suspesio of studet privileges for a specified period Removal from class Iitiatio of child study process Referral to i-school itervetio, mediatio, or commuity service programs 7

12 Short-term suspesio Log-term suspesio (oly by superitedet/desigee) Expulsio (oly by school board) School board policy may impose cotiued cosequeces after a studet returs to school from suspesio or expulsio. For example, there may be limitatios of privileges, such as participatig i sports, or requiremets for commuity service or restitutio. Q.10. What are my child s rights if he or she is accused of breakig a school rule? A.10. At the heart of the school disciplie process are requiremets for due process. This meas that your child has the right to be treated fairly by people who are i positios of authority, such as school admiistrators, teachers, ad the police. Your child must be told the specific violatio he or she is said to have committed ad give a opportuity to preset his or her versio of what occurred. If the school admiistrator determies your child did, ideed, commit a violatio ad imposes discipliary cosequeces, additioal rights apply. These will be discussed i Questios 17, 18, ad 19. I all cases, school board policy will determie the rights ad methods of appeal. Studets typically do ot have a right to appeal mior discipliary cosequeces such as after-school detetio or i-school suspesio. Your child may be removed immediately from school if he or she is cosidered to be a dager to other studets or to school property ( , Code of Virgiia). Q.11. Will my child be able to keep up with his or her class assigmets while he or she is suspeded from school? A.11. A school board may accept academic assigmets completed by a studet who has bee suspeded i accordace with coditios established by the board. Whether the work is accepted depeds o the local school board policy. Q.12. Will alterative educatio programs be provided to my child if he or she is expelled? A.12. It depeds o local school board policy. School boards are allowed to require studets to atted alterative educatio uder certai circumstaces; however, alterative educatio programs are ot required to be established ( :1, Code of Virgiia). Some school divisios have provided educatioal services i a settig or way that is differet from the regular public school, such as through computer-based learig ad olie courses. However, local policy determies whether ay educatioal services are offered to a studet who has bee expelled. Persos 16 years of age or older who have bee expelled from school may participate i the Geeral Educatioal Developmet (GED) testig program ( A.6 ad 7, Code of Virgiia). 8

13 Q.13. What offeses ca result i expulsio? A.13. School boards are required by Virgiia law to expel studets who commit two types of offeses: 1. Brigig to school firearms or other destructive devices defied i the federal Gu- Free Schools Act of 1994 ( , Code of Virgiia) 2. Brigig drugs, imitatio drugs, or marijuaa oto school property or to a schoolsposored evet ( , Code of Virgiia) Expulsios for other types of offeses are required to be based o cosideratio of the followig: The ature ad seriousess of the violatio The degree of dager to the school commuity The studet s discipliary history The appropriateess ad availability of a alterative educatio placemet or program The studet s age ad grade level The results of ay metal health, substace abuse, or special educatio assessmets The studet s attedace ad academic records Such other matters as deemed to be appropriate. A school board, i accordace with of the Code, may determie, based o the facts of a particular case, that special circumstaces exist ad aother discipliary actio is appropriate. Q.14. Why were the police called whe my child got i trouble at school? A.14. School officials are required by Virgiia law ( :1. A, Code of Virgiia) to report the followig offeses to laweforcemet agecies if these offeses occur o school property, o a school bus, or at a school-sposored activity: Assault or assault ad battery Sexual assault, death, shootig, stabbig, cuttig, or woudig of ay perso Stalkig of ay perso Ay coduct ivolvig alcohol, marijuaa, a cotrolled substace, imitatio cotrolled substace, or a aabolic steroid, icludig theft of prescriptio medicatios Ay threats agaist school persoel Illegal carryig of a firearm oto school property 9

14 Illegal coduct ivolvig firebombs, explosive materials or devices, hoax explosive devices, explosive or icediary devices, or chemical bombs Ay threats or false threats to bomb Ay icidet that would be a feloy if committed by a adult. The offeses listed above are oly those required to be reported to law eforcemet authorities. May school officials make it a practice to report ay act that schools thik may be a violatio of law. Schools ad law eforcemet agecies work closely to esure safe schools; therefore, callig the police or reportig icidets to the police is a well-established practice i Virgiia schools. A studet who commits a act that is a crime is ot oly subject to the school s discipliary process, but also may be charged with a crime ad required to go through a crimial process. This is a particularly powerful reaso for helpig your child to uderstad ad abide by rules i the Studet Code of Coduct. Q.15. My child has a disability ad has a IEP. Is he or she subject to the same discipliary procedures as a child without a disability? A.15. Accordig to , Code of Virgiia, a studet with a disability is etitled to the same due process rights that all studets are etitled to uder the Code ad the local school board s discipliary policies ad procedures. Additioal rights attach for a studet with a disability. Specific iformatio o procedural safeguards is available o the Virgiia Departmet of Educatio Web site at virgiia.gov/vdoe/sped/proc_safe.pdf You may also call the Departmet at (804) Discipliary Processes Ad Procedures Q.16. My child has bee suspeded from school. What do I eed to kow? A.16. As the paret of a child suspeded from school, it is importat to uderstad both the discipliary process ad the roles ad resposibilities of the persos havig authority i the process. Read carefully ad keep ay writte otices you receive; the otices will cotai importat iformatio about the process ad the ames/ titles of persos havig authority i the process. Make sure you uderstad the followig: The specific offese for which your child is suspeded The legth of the suspesio The procedure for havig the suspesio reviewed or appealed. If somethig is ot clear, ask for a explaatio. 10

15 The aswers give below to Questios 17, 18, ad 19 will give more details about the discipliary process for suspesios ad expulsio. Q.17. If my child gets a short-term suspesio, what does that mea? A.17. It meas that your child will ot be permitted to atted school for a period of te school days or less. A short-term suspesio may be imposed by a pricipal, a assistat pricipal, or a desigee teacher i the pricipal s absece. Procedure for Short-term Suspesio The pricipal or assistat pricipal must tell the studet of the charges agaist him or her. If the studet deies them, he or she is give a explaatio of the facts as kow to the school ad a opportuity to preset his versio of what occurred. Notice to the paret may be oral or writte, depedig o local school board policy, ad must iclude iformatio o the legth of the suspesio, the availability of commuity-based educatioal optios, ad the studet s right to retur to regular school attedace whe the suspesio period has expired. As i all cases of suspesio or expulsio, ay studet whose presece at school poses a cotiuig dager to persos or property or threat of disruptio may be removed from school immediately ( , Code of Virgiia). Appeal of Short-term Suspesio A paret may ask for a short-term suspesio decisio to be reviewed by the superitedet or his desigee. Local school board policy will determie whether the superitedet s decisio is fial or ca be appealed to the school board ( , Code of Virgiia). Q.18. If my child gets a log-term suspesio, what does that mea? A.18. It meas that your child will ot be permitted to atted school for a period of more tha te school days ad less tha 365 caledar days. A log-term suspesio is usually imposed by a discipliary hearig officer upo recommedatio of a pricipal. Procedure for Log-term Suspesio The studet must be told of the charges agaist him or her. If the studet deies them, he or she is give a explaatio of the facts as kow to the school ad a opportuity to preset his or her versio of what occurred. Notice to the paret (ad child) must be i writig ad must iclude iformatio o the legth of ad reaso for the suspesio, the right to a hearig i accordace with local school board policy, the availability of commuity-based educatioal optios, ad the studet s right to retur to regular school attedace whe the suspesio period has expired or to atted a appropriate alterative educatio program approved by the school board durig the suspesio or after the suspesio period expires. 11

16 Costs for ay commuity-based educatioal programs or alterative programs that are ot part of the program offered by the school divisio are the fiacial resposibility of the paret. As i all cases of suspesio or expulsio, ay studet whose presece at school poses a cotiuig dager to persos or property or threat of disruptio may be removed from school immediately ( , Code of Virgiia). Appeal of Log-term Suspesio A paret has the right to appeal a log-term suspesio decisio i accordace with local school board policy. The appeal may first go to the superitedet or his or her desigee or to a sub-committee of the school board; fial appeal is to the full school board. The appeal must be decided by the school board withi 30 days ( , Code of Virgiia). Q.19. If my child is expelled, what does that mea? A.19. It meas that your child will ot be permitted to atted school for a period of 365 caledar days. Oly a local school board has the authority to expel a studet. Procedure for Expulsio The studet must be told of the charges agaist him or her. If the studet deies them, he or she is give a explaatio of the facts as kow to the school ad a opportuity to preset his or her versio of what occurred. As i all cases of suspesio or expulsio, ay studet whose presece at school poses a cotiuig dager to persos or property or threat of disruptio may be removed from school immediately ( , Code of Virgiia). The paret (ad child) will be give writte otice of the proposed expulsio, the reasos the expulsio is beig proposed, ad of the right to a hearig before the school board or a sub-committee of the school board, depedig o local policy. Eve if the paret does ot exercise the right to a hearig, the school board must act o the recommedatio for expulsio. Whe the studet is expelled, the paret will be set a writte otificatio of the legth of the expulsio ad iformatio o the availability of commuity-based educatioal, traiig, ad itervetio programs. The otice will also state whether or ot the studet is eligible to retur to regular school or to atted a approved alterative educatio program or a adult educatio program offered durig or after the period of expulsio. The otice will also cotai iformatio about ay terms or coditios of readmissio to school. Costs for ay commuity-based educatioal programs or alterative programs that are ot part of the program offered by the school divisio are the fiacial resposibility of the paret. 12

17 Appeal of Expulsio A paret has the right to a hearig before the school board or a sub-committee of the school board, depedig o local policy. The sub-committee of the school board must have at least three members ad if its decisio is ot uaimous the paret (or child) may appeal the sub-committee s decisio to the full board. The school board must make a decisio withi 30 days ( , Code of Virgiia). The laws of Virgiia give local school boards fial admiistrative authority for all discipliary matters. No further appeal is available. Petitio for Readmissio The studet may apply for readmissio to be effective oe caledar year from the date of his or her expulsio. Studets must meet ay terms ad coditios for readmissio that were established. Depedig o local policy, the applicatio for readmissio may be reviewed ad acted o by the superitedet, a subcommittee of the school board, or the full school board. If the applicatio is deied by the superitedet or the sub-committee, the studet may petitio the full school board for review of the deial ( , Code of Virgiia). Q.20. My child was expelled from school. If we move to aother couty will he or she be able to eroll i school there? A.20. It depeds o local school board policy. A studet who has bee expelled or suspeded for more tha 30 days i oe locality may be excluded from attedig school i aother locality upo a fidig that the studet presets a dager to other studets or staff. If a studet is preveted from eterig because of a fidig that the studet presets a dager to other studets or staff, the studet ad paret must be give a writte otice explaiig the reasos for the exclusio ad the right to appeal the decisio. The local school board establishes the procedures for review or appeal ad determies whether the superitedet, a sub-committee of the board, or the full school board has the fial authority ( , Code of Virgiia). For a studet suspeded, the exclusio from the ew school caot exceed the duratio of the suspesio from the previous school. A expelled studet may petitio for admissio at the ed of the period of exclusio. If the petitio is rejected, the school board must idetify the legth of cotiuig exclusio ad the date o which the studet may petitio agai for admissio. It is importat to be aware that Virgiia law requires that, prior to admissio of a studet, the paret must swear or affirm as to whether the studet has bee expelled from a public or private school i Virgiia or aother state ( , Code of Virgiia). 13

18 Q.21. What should I kow about disciplie hearigs? A.21. A disciplie hearig is a opportuity for a review of facts kow about a alleged icidet. It is a opportuity to lear more about the icidet ad to challege ay claims that you or your child thik are ot accurate. Eve if your child admits the wrogdoig ad o facts are i dispute, the hearig ca be used to help make sure that the corrective discipliary actio beig imposed is appropriate. Discipliary hearigs are the oly admiistrative aveue for exercisig due process rights. If you do ot take part i hearigs, you may give up opportuities to be heard ad to appeal decisios with which you may disagree. As oted i the aswer to Questio 16, it is importat to uderstad the procedures for havig a suspesio or expulsio appealed. These procedures are established by local school board policy i accordace with requiremets i the Code of Virgiia; they cotai specific requiremets ad timelies that must be followed. For example, the policy may require a paret appealig a actio to file a otice of appeal i writig ad withi a specified umber of days. If a paret fails to file a otice i writig ad withi the timeframe specified, the right to appeal may be waived. Icluded as a Supplemet to this Guide is a sample school board policy with key procedural requiremets ad timelies highlighted. Be sure you uderstad the procedural requiremets ad timelies i your local school disciplie policies. Q.22. Whe will a disciplie hearig be scheduled? A.22. Timelies for schedulig disciplie hearigs are ot prescribed i Virgiia law. However, school divisios typically make every effort to schedule hearigs i a matter of days. The sooer you call to iquire, the sooer the hearig ca be scheduled. Q.23. What ca I expect at the hearig? A.23. The hearig may be formal or iformal, depedig o how the hearig officer chooses to coduct it. You ca expect to hear a review of the facts kow to the school persoel, the specific violatio committed, ad possibly the discipliary actio beig recommeded by the school admiistrator. You (ad your child) will have the opportuity to respod, to challege ay iaccuracies, ad to preset ay other relevat evidece. The hearig officer may make a decisio at the ed of the hearig or wait to sed the decisio to you i writig. Eve if the decisio is give to you orally, the hearig officer must also sed you a writte decisio. 14

19 Q.24. What ca I do to prepare for a disciplie hearig? A.24. Some strategies for preparig for a disciplie hearig are as follows: Review the Studet Code of Coduct ad writte policies for discipliary actios. Read carefully all otices ad related iformatio that have bee set to you. If aythig is uclear, be sure to ask for clarificatio before the hearig. Kow the specific offese your child is alleged to have committed ad how the school defies the offese. Do you agree with the facts beig preseted? Is there aother explaatio of what happeed? Do you agree with the appropriateess of the recommeded discipliary actio? If ot, what do you thik are appropriate discipliary cosequeces? If you have documets to share with the hearig officer, be sure to brig copies so that both you ad the hearig officer will have copies. Q.25. How ca I appeal the school board s fial decisio? A.25. There is o further appeal available. Virgiia law gives local school boards the fial admiistrative authority for all issues related to studet disciplie issues. Neither the Virgiia Board of Educatio or the Virgiia Departmet of Educatio has ay legal authority to itervee i local disciplie matters. Q.26. How ca I esure that my child follows school rules as stated i the Studet Code of Coduct? A.26. There is probably o way that a paret ca esure that a child follows all rules. However, there are some strategies that will help your child make good decisios ad keep you ad your child s school o the same page i guidig good choices. Please see the recommedatios that follow. 15

20 Recommedatios For Parets The aswers to questios i this Guide have cotaied umerous recommedatios for parets. Here we have compiled them all ad added a few more to provide a comprehesive list of recommedatios, begiig with strategies for prevetig problems from occurrig. Prevetig problems... As a paret, you are your child s first teacher. Build a soud foudatio for resposible behavior by requirig your child to follow rules at home ad i other places. Fid out who your school board member is ad support your school s efforts to provide a safe, orderly eviromet coducive to learig for your child ad all studets. Stay i touch with your child s teachers ad admiistrators so that you are aware of his or her behavior i school. Read carefully the school divisio s Studet Code of Coduct. If somethig is uclear or cocers you, be sure to talk with your child s pricipal. Review the Studet Code of Coduct with your child to esure that he/she uderstads the rules ad cosequeces for breakig them. It is importat to talk with your child about makig good decisios. Read carefully the school divisio s otices to you about your rights ad resposibilities as a paret. If somethig is uclear or cocers you, talk with your child s pricipal. If your child has bee foud guilty or ot iocet of breakig a law, you must iform the school. If your child has a history of problem coduct (or poor academic performace), work closely with school persoel to select classes/programs where your child has the best opportuity for success. If problems arise... Be alert to ay idicatio that your child may be havig difficulties ad fid out what is goig o. If your child is beig bullied or made to feel threateed by aother studet, help your child to develop strategies that will eable him/her to avoid gettig i trouble. Report the situatio to your child s pricipal so that it ca be addressed. If your child breaks a rule ad is disciplied, talk with your child to lear his or her versio of what occurred. Meet with the teacher ad school admiistrator immediately to talk about the icidet ad to develop strategies for prevetig a reoccurrece. Remember, the goal of school disciplie is ot to puish, but to correct behavior. Work with your child s school to achieve the goal of resposible behavior. 16