COMMONWEALTH OF VIRGINIA
DEPARTMENT OF EDUCATION
P. O. BOX 2120
RICHMOND, VIRGINIA 23218-2120
SUPTS. MEMO. NO. 135
July 26, 1996

INFORMATIONAL

TO: Division Superintendents
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.