SUPTS. MEMO. NO. 135
July 26, 1996
|FROM:||Richard T. La Pointe
Superintendent of Public Instruction
|SUBJECT:||House Bill 1199 Acknowledgment Form|
SUPTS. MEMO NO. 96, dated May 24, 1996, reported on actions taken by the 1966 General Assembly. Attachment 1 highlighted items of particular interest to local school divisions, including House Bill 1199 which addressed parental responsibility and involvement. The Department received a number of requests for a model form for parents to acknowledge receipt of the standards of conduct. Attached is a form, developed in consultation with the Office of the Attorney General, which can serve the purpose of both notice and acknowledgment. A copy of the text for the relevant statute (Code of Virginia, Section 22.1-279.3) is also attached. If you have questions regarding House Bill 1199 or the use of this form, please contact Diane Atkinson in the Division of Policy and Public Affairs (804) 371-0035. RTL/dta Attachments: This memo and its attachments will be sent to the superintendent's office PARENTAL RESPONSIBILITY Excerpted from the Code of Virginia (1950), as amended 22.1-279.3. Parental responsibility and involvement requirements. A. Each parent of a student enrolled in a public school has a duty to assist the school in enforcing the standards of student conduct and attendance in order that education may be conducted in an atmosphere free of disruption and threat to persons or property, and supportive of individual rights. B. A school board shall provide opportunities for parental and community involvement in every school in the school division. C. Within one calendar month of the opening of school, each school board shall, simultaneously with any other materials customarily distributed at that time, send to the parents of each enrolled student (i) a notice of the requirements of this section and (ii) a copy of the school board's standards of student conduct. These materials shall include a notice to the parents that by signing the statement of receipt, parents shall not be deemed to waive, but to expressly reserve, their rights protected by the constitutions or laws of the United States or the Commonwealth and that a parent shall have the right to express disagreement with a school's or school division's policies or decisions. Each parent of a student shall sign and return to the school in which the student is enrolled a statement acknowledging the receipt of the school board's standards of student conduct and the notice of the requirements of this section. Each school shall maintain records of such signed statements. D. The school principal may request the student's parent to meet with the principal or his designee to review the school board's standards of student conduct and the parent's responsibility to participate with the school in disciplining the student and maintaining order, and to discuss improvement of the child's behavior and educational progress. E. In accordance with 22.1-277 and the guidelines required by 22.1-278, the school principal may notify the parents of any student who violates a school board policy when such violation could result in the student's suspension, whether or not the school administration has imposed such disciplinary action. The notice shall state (i) the date and particulars of the violation; (ii) the obligation of the parent to take actions to assist the school in improving the student's behavior; and (iii) that, if the student is suspended, the parent may be required to accompany the student to meet with school officials. F. No suspended student shall be admitted to the regular school program until such student and his parent have met with school officials to discuss improvement of the student's behavior, unless the school principal or his designee determines that readmission, without parent conference, is appropriate for the student. G. Upon the failure of a parent to comply with the provisions of this section, the school board may, by petition to the juvenile and domestic relations court, proceed against such parent for willful and unreasonable refusal to participate in efforts to improve the student's behavior, as follows: 1. If the court finds that the parent has willfully and unreasonably failed to meet, pursuant to a request of the principal as set forth in subsection D of this section, to review the school board's standards of student conduct and the parent's responsibility to assist the school in disciplining the student and maintaining order, and to discuss improvement of the child's behavior and educational progress, it may order the parent to so meet; or 2. If the court finds that the parent has willfully and unreasonably failed to accompany a suspended student to meet with school officials pursuant to subsection F, or upon the student's receiving a second suspension or being expelled, it may order (i) the student or his parent to participate in such programs or such treatment as the court deems appropriate to improve the student's behavior or (ii) the student or his parent to be subject to such conditions and limitations as the court deems appropriate for the supervision, care, and rehabilitation of the student or his parent. In addition, the court may order the parent to pay a civil penalty not to exceed $500. H. The civil penalties established pursuant to this section shall be enforceable in the juvenile and domestic relations court in which the student's school is located and shall be paid into a fund maintained by the appropriate local governing body to support programs or treatments designed to improve the behavior of students as described in subdivision 3 of subsection G. Upon the failure to pay the civil penalties imposed by this section, the attorney for the appropriate county, city, or town shall enforce the collection of such civil penalties. I. All references in this section to the juvenile and domestic relations court shall be also deemed to mean any successor in interest of such court. PARENTAL STATEMENT OF RECEIPT OF NOTICE OF REQUIREMENTS OF VA CODE 22.1-279.3 AND SCHOOL BOARD'S STANDARDS OF STUDENT CONDUCT I am the parent of the below named child and, by my signature, I acknowledge that I have received a copy of Section 22.1-279.3 of the Code of Virginia entitled "Parental Responsibility and Involvement Requirements," and a copy of the ___________________________ School Board's Standards of Student Conduct. By signing this Statement of Receipt, I do not waive or abdicate, but do expressly reserve, any rights protected by the constitutions or laws of the United States or the Commonwealth of Virginia. I further understand that I have the right to express disagreement with the school's or school division's policies or decisions. Date: ______________ _________________________ Signature of Parent _________________________ Name of Child NOTICE TO PARENT By signing the above statement of receipt, you shall not be deemed to waive, and you expressly reserve, your rights protected by the constitutions or laws of the United States or the Commonwealth, and you have the right to express disagreement with the school's or school division's policies or decisions.