SUPTS. MEMO. NO. 163
September 3, 1999
|FROM:||Paul D. Stapleton
Superintendent of Public Instruction
|SUBJECT:||Expulsion of Students Under Certain Circumstances and for Certain Drug Offense|
This memo is to bring to your attention legislation enacted by the 1999 General Assembly that amends the Code of Virginia related to the expulsion of students under certain circumstances and for certain drug offenses. HB 1462 and SB 1136 amended 22.1-277.01 related to expulsions for a weapons offense in the following ways: 1. A school administrator or a school board may determine by way of a preliminary review that no disciplinary action or some other disciplinary action is appropriate in lieu of expulsion "for a particular situation." A school board may promulgate guidelines for determining what constitutes special circumstances. 2. Such guidelines shall ensure that any disciplinary action is in accordance with 22.1-277. In addition, HB 1462 eliminates the exception for possession of an unloaded firearm in a closed container or a motor vehicle. Also, SB 1136 allows school boards to authorize by regulation the division superintendent or his designee to conduct a preliminary review to determine if a disciplinary action other than expulsion is appropriate for weapons offenses. HB 2144 and SB 1135 amended 22.1-277.01 related to expulsion for a drug offense in the following ways: 1. By regulation, a school board may authorize the division superintendent or his designee to conduct a preliminary review to determine if a disciplinary action other than expulsion is appropriate for drug offenses. 2. If another disciplinary action is deemed appropriate, such action shall be in accordance with the procedures in 22.1-277. Copies of this legislation are attached. If you have any questions, please contact Marsha Owens Hubbard, School Safety Specialist, at (804) 225-2928. PDS/moh Attachment(s): A hard copy of this memo and its attachment will be sent to the superintendent's office.