dcrodriguez/Code-of-Virginia huggingface dataset:
Code of Virginia — Title 22.1 (Education), Chapter 14 (Pupils)
§ 22.1-271.4. Health requirements for home-instructed, exempted, and excused children.
In addition to compliance with the requirements of subsection B, D, or I of § 22.1-254 or § 22.1-254.1, any parent, guardian or other person having control or charge of a child being home instructed, exempted or excused from school attendance shall comply with the immunization requirements provided in § 32.1-46 in the same manner and to the same extent as if the child has been enrolled in and is attending school.

Upon request by the division superintendent, the parent shall submit to such division superintendent documentary proof of immunization in compliance with § 32.1-46.

No proof of immunization shall be required of any child upon submission of (i) an affidavit to the division superintendent stating that the administration of immunizing agents conflicts with the parent's or guardian's religious tenets or practices or (ii) a written certification from a licensed physician, licensed advanced practice registered nurse, or local health department that one or more of the required immunizations may be detrimental to the child's health, indicating the specific nature of the medical condition or circumstance that contraindicates immunization.

1993, c. 659; 1999, cc. 488, 552; 2010, c. 605; 2011, c. 125; 2023, c. 183.
Code of Virginia — Title 22.1 (Education), Chapter 14 (Pupils)
§ 22.1-271.6. School division policies and procedures on concussions in students.
The Board of Education shall amend its guidelines for school division policies and procedures on concussions in student-athletes to include a "Return to Learn Protocol" with the following requirements:

1. School personnel shall be alert to cognitive and academic issues that may be experienced by a student who has suffered a concussion or other head injury, including (i) difficulty with concentration, organization, and long-term and short-term memory; (ii) sensitivity to bright lights and sounds; and (iii) short-term problems with speech and language, reasoning, planning, and problem solving; and

2. School personnel shall accommodate the gradual return to full participation in academic activities of a student who has suffered a concussion or other head injury as appropriate, based on the recommendation of the student's licensed health care provider as to the appropriate amount of time that such student needs to be away from the classroom.

2014, c. 349; 2016, c. 151.

Code of Virginia — Title 22.1 (Education), Chapter 14 (Pupils)
§ 22.1-271.7. Public middle and high school student-athletes; preparticipation physical examination.
A. As used in this section, "Preparticipation Physical Evaluation form" means the most recent Preparticipation Physical Evaluation form developed jointly by the American Academy of Family Physicians, American Academy of Pediatrics, American College of Sports Medicine, American Medical Society for Sports Medicine, American Orthopaedic Society for Sports Medicine, and American Osteopathic Academy of Sports Medicine.

B. No public middle or high school student shall be a participant on or try out for any interscholastic athletic team or squad unless such student has submitted to the school principal a signed Preparticipation Physical Evaluation form from a licensed physician, a licensed advanced practice registered nurse practicing in accordance with the provisions of § 54.1-2957, or a licensed physician assistant acting under the supervision of a licensed physician attesting that such student received a physical examination and was found to be physically fit for athletic competition no more than 14 calendar months prior to the date on which such report was signed.

C. No public middle or high school shall become a member of any organization or entity whose purpose it is to regulate or govern interscholastic programs that does not deem eligible for participation a student who has, pursuant to subsection B, submitted a signed Preparticipation Physical Evaluation form to the school principal attesting that such student received a physical examination and was found to be physically fit for athletic competition no more than 14 calendar months prior to the date on which such report was signed.

2016, c. 692; 2018, c. 776; 2023, c. 183; 2025, cc. 514, 517.
Code of Virginia — Title 22.1 (Education), Chapter 14 (Pupils)
§ 22.1-271.8. Sudden cardiac arrest prevention in student-athletes.
A. The Board of Education shall develop, biennially update, and distribute to each local school division guidelines on policies to inform and educate coaches, student-athletes, and student-athletes' parents or guardians about the nature and risk of sudden cardiac arrest, procedures for removal from and return to play, and the risks of not reporting symptoms. The guidelines shall also be posted on the Department's website.

B. Each local school division shall develop and biennially update policies and procedures regarding the identification and handling of symptoms that may lead to sudden cardiac arrest in student-athletes. Such policies shall:

1. Require that in order to participate in any extracurricular physical activity, each student-athlete and the student-athlete's parent or guardian shall review, on an annual basis, information provided by the local school division on symptoms that may lead to sudden cardiac arrest. After reviewing the materials, each student-athlete and the student-athlete's parent or guardian shall sign a statement acknowledging receipt of such information, in a manner approved by the Board of Education.

2. Require that a student-athlete who is experiencing symptoms that may lead to sudden cardiac arrest be immediately removed from play. A student-athlete who is removed from play shall not return to play until he is evaluated by and receives written clearance to return to physical activity by an appropriate licensed health care provider as determined by the Board of Education. The licensed health care provider evaluating student-athletes may be a volunteer.

2020, c. 694.
Code of Virginia — Title 22.1 (Education), Chapter 14 (Pupils)
§ 22.1-272. Contagious and infectious diseases.
Persons suffering with contagious or infectious disease shall be excluded from the public schools while in that condition.

Code 1950, § 22-249; 1968, c. 445; 1970, c. 526; 1973, c. 491; 1974, c. 160; 1977, c. 220; 1979, c. 262; 1980, c. 559.
Code of Virginia — Title 22.1 (Education), Chapter 14 (Pupils)
§ 22.1-272.2. Department; model memorandum of understanding; partnerships with community mental health services providers or a nationally recognized school-based telehealth provider.
A. The Department, in consultation with the Department of Behavioral Health and Developmental Services and the Department of Medical Assistance Services, shall develop, adopt, and distribute to each school board a model memorandum of understanding between a school board and a public or private community mental health services provider or a nationally recognized school-based telehealth provider that (i) sets forth parameters for the provision of mental health services to public school students enrolled in the local school division by such provider, including the provision of mental health teletherapy for students outside of regular school hours and during regular school hours on school property and the provision of counseling for students by school counselors by way of telehealth and including a requirement for parental consent before the provision of any such services to any student who is under 18 years of age; (ii) reflects effective practices; and (iii) addresses privacy considerations related to the exchange of information between the parties to the memorandum of understanding and relevant laws and regulations. The Department shall maintain and update as necessary the model memorandum of understanding to ensure that it remains current, useful, and relevant.

B. Any school board may provide school-based mental health teletherapy services and permit any public school student in the school division to schedule and participate in mental health teletherapy services on school property during regular school hours on the same basis as such students are permitted to schedule and participate in school counseling services.

C. Any school board that chooses to provide such mental health teletherapy services pursuant to subsection B shall (i) enter into a memorandum of understanding with a nationally recognized school-based telehealth provider in accordance with the model memorandum of understanding developed by the Department pursuant to subsection A that ensures and sets forth parameters for the provision of mental health teletherapy services for students during regular school hours and (ii) develop and implement, pursuant to § 22.1-272.3, policies and guidance for permitting any public school student in the school division to schedule and participate in mental health teletherapy services on school property during regular school hours.

2023, c. 349; 2024, c. 534; 2025, cc. 555, 563, 628, 666.
Code of Virginia — Title 22.1 (Education), Chapter 14 (Pupils)
§ 22.1-272.3. Student access to telehealth services; school division policies.
A. In order to increase access to health care services for students, each school board shall consider developing and implementing policies for permitting any public school student in the school division to schedule and participate in telehealth services and mental health teletherapy services on school property during regular school hours with parental consent. Any school board that implements and develops policies for permitting any public school student in the school division to schedule and participate in mental health teletherapy services shall enter into a memorandum of understanding with a nationally recognized school-based telehealth provider in accordance with the model memorandum of understanding developed by the Department pursuant to § 22.1-272.2.

B. Any such policies developed and implemented by a school board for permitting any public school student in the school division to schedule and participate in telehealth services and mental health teletherapy services pursuant to subsection A shall:

1. Permit any public school student in the school division to schedule and participate in telehealth and mental health teletherapy services on school property during regular school hours on the same basis as such students are permitted to schedule and participate in school counseling services;

2. Require each public elementary and secondary school at which such telehealth services are provided to (i) designate a location in such school for students to use for such telehealth appointments that ensures the privacy and safety of such students and has Internet access and (ii) implement measures to ensure the privacy and safety of each student participating in a telehealth appointment;

3. Prohibit any student from being subject to any disciplinary measure or consequence for participating in a telehealth appointment during regular school hours if such student would not be subject to disciplinary measures or consequences for an absence for the purpose of receiving any health care services in person during regular school hours; and

4. Include such other requirements as the school board deems necessary and appropriate.

C. Any such policies developed and implemented by a school board for permitting any public school student in the school division to schedule and participate in telehealth services and mental health teletherapy services shall, in addition to the requirements set forth of subsection B, be consistent with, but may be more comprehensive than, the parameters set forth in the memorandum of understanding between the school board and the nationally recognized school-based telehealth provider developed by the school board pursuant to § 22.1-272.2.

D. Each school board that develops and implements any policies in accordance with this section shall provide guidance relating to the implementation of such policies for administrative and instructional personnel and shall post such guidance in a publicly accessible location on its website at the beginning of each school year.

2025, cc. 555, 563.
Code of Virginia — Title 22.1 (Education), Chapter 14 (Pupils)
§ 22.1-273.1. Annual screening for scoliosis.
Within the time periods specified in regulations promulgated by the Board of Education, each school board shall provide parent educational information or implement a program of regular screening for scoliosis for pupils in grades five through ten, unless such students are pupils admitted for the first time to a public school who have been so tested as part of the comprehensive physical examination required by § 22.1-270 or the parents of such students have indicated their preference that their children not participate in such screening. Local school boards shall develop procedures for parents to indicate such preference.

The Board of Education shall promulgate regulations for the implementation of such screenings, which shall address, but shall not be limited to, requirements and training for school personnel and volunteers who may conduct such screenings; procedures for the notification of parents when evidence of scoliosis is detected; and such other provisions as the Board deems necessary. Local school divisions may seek volunteers from among professional health care providers.

2003, c. 894.

Code of Virginia — Title 22.1 (Education), Chapter 14 (Pupils)
§ 22.1-273.2. Parent educational information regarding eating disorders.
Each school board shall annually provide parent educational information regarding eating disorders for pupils in grades five through 12. Such information shall be consistent with guidelines set forth by the Department of Education.

2013, c. 715.

Code of Virginia — Title 22.1 (Education), Chapter 14 (Pupils)
§ 22.1-273.3. Parent educational information regarding tobacco and nicotine vapor products.
Each school board shall annually provide educational information to parents of pupils in grades kindergarten through 12 regarding the health dangers of tobacco and nicotine vapor products. Such information shall be consistent with guidelines set forth by the Department of Education.

2020, c. 679.

Code of Virginia — Title 22.1 (Education), Chapter 14 (Pupils)
§ 22.1-273.4. Department of Education; guidance and resources; applied behavior analysis services.
The Department of Education shall develop and publish no later than November 16, 2020, guidance and resources relating to the provision of applied behavior analysis (ABA) services in public schools for students who are in need of such services. Such guidance and resources may address (i) determining the need for and appropriateness of providing ABA services for students during the school day; (ii) considerations for school boards regarding management and monitoring of personnel who are not employed by the school board and who provide ABA services in public schools; (iii) the financial responsibilities related to hiring and retaining personnel who are not employed by the school board and who provide ABA services in public schools; (iv) developing agreements between such providers of ABA services, families, and schools; and (v) utilizing licensed behavior analysts employed by the school board to provide ABA services.

2020, c. 774.
Code of Virginia — Title 22.1 (Education), Chapter 14 (Pupils)
§ 22.1-274.01. Repealed.
Repealed by Acts 2011, c. 216, cl. 2.

Code of Virginia — Title 22.1 (Education), Chapter 14 (Pupils)
§ 22.1-274.01:1. Students who are diagnosed with diabetes; self-care; insertion and reinsertion of insulin pump.
A. Each local school board shall permit each enrolled student who is diagnosed with diabetes, with parental consent and written approval from the prescriber, as that term is defined in § 54.1-3401, to (i) carry with him and use supplies, including a reasonable and appropriate short-term supply of carbohydrates, an insulin pump, and equipment for immediate treatment of high and low blood glucose levels, and (ii) self-check his own blood glucose levels on a school bus, on school property, and at a school-sponsored activity.

B. A local school board employee who is a registered nurse, licensed practical nurse, or certified nurse aide and who has been trained in the administration of insulin, including the use and insertion of insulin pumps, and the administration of glucagon may assist a student who is diagnosed with diabetes and who carries an insulin pump with the insertion or reinsertion of the pump or any of its parts. For the purposes of this subsection, "employee" has the same meaning as in subsection E of § 22.1-274. Prescriber authorization and parental consent shall be obtained for any such employee to assist with the insertion or reinsertion of the pump or any of its parts. Nothing in this section shall require any employee to assist with the insertion or reinsertion of the pump or any of its parts.

2014, cc. 488, 554; 2017, c. 811.
Code of Virginia — Title 22.1 (Education), Chapter 14 (Pupils)
§ 22.1-274.1. Criteria to identify toxic art materials; labeling; use in certain grades prohibited.
The State Department of Education, in cooperation with the State Department of Health, shall develop criteria to identify toxic art materials.

After these criteria have been developed, the Department of Education shall require school divisions to evaluate all art materials used in schools and identify those which are toxic. All materials used in the public schools which meet the criteria as toxic shall be so labeled and the use of such art materials shall be prohibited in kindergarten through grade five.

1987, c. 225; 1988, c. 103.
Code of Virginia — Title 22.1 (Education), Chapter 14 (Pupils)
§ 22.1-274.2:1. Grade nine and grade 10 health education Standards of Learning; severe allergic reaction awareness training.
The Board shall include in the Standards of Learning for health education for grade nine and grade 10 an in-person or online severe allergic reaction awareness training that includes the following content:

1. The definition of and distinction between normal allergic reaction and anaphylaxis;

2. Types of allergens, including common and less common allergens;

3. The signs and symptoms of normal allergic reaction and anaphylaxis;

4. Treatments for anaphylaxis; and

5. The proper response to suspected anaphylaxis, including notifying the nearest staff member trained to respond to anaphylaxis and administer epinephrine.

2024, c. 171.

Code of Virginia — Title 22.1 (Education), Chapter 14 (Pupils)
§ 22.1-274.3. Policies regarding medication recommendations by school personnel.
The Board of Education shall develop and implement policies prohibiting school personnel from recommending the use of psychotropic medications for any student. Such policies shall not prohibit school health staff, classroom teachers or other school professionals from recommending that a student be evaluated by an appropriate medical practitioner, or prohibit school personnel from consulting with such practitioner, with the written consent of the student's parent.

For the purposes of this section, "psychotropic medications" means those medications the prescribed intention of which is to alter mental activity or state, including, but not limited to, antipsychotic, antidepressant, and anxiolytic medication and behavior-altering medication.

2002, c. 314.

Code of Virginia — Title 22.1 (Education), Chapter 14 (Pupils)
§ 22.1-274.4. Public elementary and secondary schools; automated external defibrillators required.
Each local school board shall develop a plan for the placement, care, and use of an automated external defibrillator in every public elementary and secondary school in the local school division and shall place an automated external defibrillator in every public elementary and secondary school in the local school division.

2013, cc. 498, 530; 2023, c. 767.
Code of Virginia — Title 22.1 (Education), Chapter 14 (Pupils)
§ 22.1-274.5. Topical sunscreen.
Any public elementary or secondary school student may possess and use unscented topical sunscreen in its original packaging on a school bus, on school property, or at a school-sponsored event without a note or prescription from a licensed health care professional if the topical sunscreen is approved by the U.S. Food and Drug Administration for nonprescription use for the purpose of limiting damage to skin caused by exposure to ultraviolet light.

2020, c. 579.

Code of Virginia — Title 22.1 (Education), Chapter 14 (Pupils)
§ 22.1-274.6. Seizure management and action plan; training.
A. The parent or guardian of a student with a diagnosed seizure disorder may submit to the local school division a seizure management and action plan developed by the student's treating physician for review by school division employees with whom the student has regular contact. The seizure management and action plan shall (i) identify the health care services the student may receive at school or while participating in a school activity, (ii) identify seizure-related medication prescribed to the student that must be administered in the event of a seizure, including those administered in compliance with subdivision H 2 of § 22.1-274.2 and subsection BB of § 54.1-3408, (iii) evaluate the student's ability to manage and understand his seizure disorder, and (iv) be signed by the student's parent or guardian, the student's treating physician, and the school nurse. Each such seizure management and action plan shall state that (a) such plan is separate from any individualized education program (IEP) or § 504 Plan that is in place for the student and (b) nothing in such plan shall be construed to abrogate any provision of any IEP or § 504 Plan that is in place for the student.

B. Each local school division shall require all school nurses employed by the division to complete, on a biennial basis, a Board of Education-approved online course of instruction for school nurses regarding treating students with seizures and seizure disorders that includes information about seizure recognition and related first aid. Approved training programs shall be fully consistent with training programs and guidelines developed by the Epilepsy Foundation of America and any successor organization.

C. Each local school division shall require all employees whose duties include regular contact with students to complete, on a biennial basis, a Board of Education-approved online course of instruction for school employees regarding treating students with seizures and seizure disorders that includes information about seizure recognition and related first aid. Approved training programs shall be fully consistent with training programs and guidelines developed by the Epilepsy Foundation of America and any successor organization.

2021, Sp. Sess. I, c. 514; 2025, cc. 59, 65.
Code of Virginia — Title 22.1 (Education), Chapter 14 (Pupils)
§ 22.1-274.7. Students with disabilities; individualized education programs; individualized accommodations and supports during emergency situations and evacuations.
A. If deemed appropriate by the individualized education program (IEP) team, which includes the parent, the IEP implemented for a public school student with a disability in accordance with the federal Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq., with the exception of such students who have been placed in private day or residential school settings, may contain language addressing individualized accommodations and supports for the student during emergency situations and evacuations. In developing such language, IEP teams should be supported by the school administration. Additionally, for initial IEPs, the IEP team shall discuss whether or not the student requires such accommodations and supports.

B. The Department shall provide guidance to local school divisions on how to support IEP teams for the consideration of specific supports required for students with disabilities, including students with mobility impairments, during emergency situations given the unique context of their disabilities in the educational setting. Such guidance shall include information relevant for IEP teams and applicable to § 504 committees as determined appropriate.

2025, c. 141.
Code of Virginia — Title 22.1 (Education), Chapter 14 (Pupils)
§ 22.1-274.8. School boards; bleeding control programs; bleeding control kits.
A. As used in this section, "bleeding control kit" means a first aid response kit that (i) contains at least (a) one tourniquet endorsed by the Committee on Tactical Combat Casualty Care of the federal Defense Health Agency, (b) one compression bandage, (c) one bleeding control bandage, (d) one pair of protective gloves and one marker, (e) one pair of scissors, and (f) one set of instructional documents developed by the Stop the Bleed national awareness campaign of the U.S. Department of Homeland Security or the American College of Surgeons' Committee on Trauma and (ii) may contain other tourniquets and bandages similar to those described in clause (i) and any additional items that are approved by local law enforcement or first responders, can adequately treat a traumatic injury involving bleeding, and can be stored in a readily available kit.

B. With such funds as may be provided by the General Assembly for such purpose pursuant to the general appropriation act, each school board shall develop and implement a bleeding control program in each public elementary and secondary school in the local school division whereby the school board:

1. Requires bleeding control kits to be placed in each public elementary and secondary school building in locations designated by the division safety official or local first responders as being easily accessible;

2. Includes bleeding control kits in the emergency plans of the local school division and each public elementary and secondary school therein, including the presentation and use of such kits in all drills and emergencies;

3. Requires annual inspection of bleeding control kit inventories to ensure that materials, supplies, and equipment contained in the bleeding control kit are not expired and the replacement of any expired materials, supplies, and equipment as necessary; and

4. Requires each bleeding control kit to be restocked after each use and any materials, supplies, and equipment to be replaced as necessary to ensure that the kit contains all required materials, supplies, and equipment.

2025, c. 189.
Code of Virginia — Title 22.1 (Education), Chapter 14 (Pupils)
§ 22.1-275. Protective eye devices.
Every student and teacher in any school or institution of higher education shall be required to wear industrial quality eye protective devices while participating in any of the following courses or laboratories:

1. Career and technical education shops or laboratories involving experience with:

a. Hot molten metals,

b. Milling, sawing, turning, shaping, cutting, grinding, or stamping of any solid materials,

c. Heat treatment, tempering, or kiln firing of any metal or other materials,

d. Gas or electric arc welding,

e. Repair of any vehicle, or

f. Caustic or explosive materials;

2. Chemical or combined chemical-physical laboratories involving caustic or explosive chemicals or hot liquids or solids.

The governing board or authority of any public or private school or the governing board of each institution of higher education shall furnish the eye protective devices prescribed in this section free of charge or at cost to the students and teachers of the school participating in such courses or laboratories; however, such devices may be furnished by parents or guardians of such students. Eye protective devices shall be furnished to all visitors to such courses.

"Industrial quality eye protective devices," as used in this section, means devices providing side protection and meeting the standards of the American Standards Association Safety Code for Head, Eye, and Respiratory Protection, Z2.1-1959, promulgated by the American Standards Association, Inc.

Code 1950, § 22-10.2; 1966, c. 69; 1980, c. 559; 2001, c. 483.

Code of Virginia — Title 22.1 (Education), Chapter 14 (Pupils)
§ 22.1-275.1. School health advisory board.
Each school board may establish a school health advisory board of no more than 20 members which shall consist of broad-based community representation including, but not limited to, parents, students, health professionals, educators, and others. If established, the school health advisory board shall assist with the development of health policy in the school division and the evaluation of the status of school health, health education, the school environment, and health services.

Any school health advisory board shall hold meetings at least semi-annually and shall annually report on the status and needs of student health in the school division to any relevant school, the school board, the Virginia Department of Health, and the Virginia Department of Education.

The local school board may request that the school health advisory board recommend to the local school board procedures relating to children with acute or chronic illnesses or conditions, including, but not limited to, appropriate emergency procedures for any life-threatening conditions and designation of school personnel to implement the appropriate emergency procedures. The procedures relating to children with acute or chronic illnesses or conditions shall be developed with due consideration of the size and staffing of the schools within the jurisdiction.

1990, c. 315; 1992, c. 174; 1999, c. 570; 2012, cc. 805, 836.
Code of Virginia — Title 22.1 (Education), Chapter 14 (Pupils)
§ 22.1-276. Repealed.
Repealed by Acts 2001, cc. 688 and 820, cl. 2.

Code of Virginia — Title 22.1 (Education), Chapter 14 (Pupils)
§ 22.1-276.01. Definitions.
A. For the purposes of this article, unless the context requires a different meaning:

"Alternative education program" includes night school, adult education, or any other education program designed to offer instruction to students for whom the regular program of instruction may be inappropriate.

"Bullying" means any aggressive and unwanted behavior that is intended to harm, intimidate, or humiliate the victim; involves a real or perceived power imbalance between the aggressor or aggressors and victim; and is repeated over time or causes severe emotional trauma. "Bullying" includes cyberbullying. "Bullying" does not include ordinary teasing, horseplay, argument, or peer conflict.

"Cyberbullying" means bullying that occurs through the use of technology, including through cell phones and other electronic devices or technology capable of accessing the Internet.

"Disruptive behavior" means a violation of school board regulations governing student conduct that interrupts or obstructs the learning environment.

"Dress or grooming code" means any practice, policy, or portion of a code of student conduct adopted by a school board that governs or restricts the attire, appearance, or grooming, including hairstyle, of any enrolled student.

"Exclusion" means a Virginia school board's denial of school admission to a student who has been expelled or has been placed on a long-term suspension of more than 30 calendar days by another school board or a private school, either in Virginia or another state, or for whom admission has been withdrawn by a private school in Virginia or another state.

"Expulsion" means any disciplinary action imposed by a school board or a committee thereof, as provided in school board policy, whereby a student is not permitted to attend school within the school division and is ineligible for readmission for 365 calendar days after the date of the expulsion.

"Long-term suspension" means any disciplinary action whereby a student is not permitted to attend school for 11 to 45 school days.

"Short-term suspension" means any disciplinary action whereby a student is not permitted to attend school for a period not to exceed 10 school days.

B. For the purposes of §§ 22.1-277.04, 22.1-277.05, 22.1-277.2, and 22.1-277.2:1, "superintendent's designee" means a (i) trained hearing officer or (ii) professional employee within the administrative offices of the school division who reports directly to the division superintendent and who is not a school-based instructional or administrative employee.

2001, cc. 688, 820; 2013, c. 575; 2018, c. 491; 2020, c. 678; 2025, c. 438.

Code of Virginia — Title 22.1 (Education), Chapter 14 (Pupils)
§ 22.1-276.1. Expired.
Expired.
Code of Virginia — Title 22.1 (Education), Chapter 14 (Pupils)
§ 22.1-276.2. Removal of students from classes.
A. Teachers shall have the initial authority to remove a student for disruptive behavior from a class.

B. Each school board shall establish, within the regulations governing student conduct required by § 22.1-279.6:

1. Criteria for teachers to remove disruptive students from their classes;

2. Requirements for incident reports of disruptive behavior to school administrators and any other documentation to support such removals from class;

3. Procedures for the written notification of a student and his parents of any incident report and its contents and for the opportunity to meet with the teacher and school administrators to discuss the student's behavior and the possible consequences if such behavior does not cease;

4. Guidelines for the alternative assignment and instruction of such students and for the duration of such removals; and

5. Procedures for the return of students to class, for teacher participation in any decision by the principal to return a student to the class from which he has been removed, and for the resolution of any disagreements between such principal and teacher regarding such return.

C. The principal shall, unless a student who has been removed from class is suspended or expelled from school attendance, ensure that such student continues to receive an education.

D. Any teacher whose evaluation indicates deficiencies in the management of student conduct may be required by the school board to attend professional development activities designed to improve classroom management and disciplinary skills.

E. Application of this section to students with disabilities shall be in accordance with state and federal law and regulations.

F. This section shall not be construed to limit or restrict other school board policies and regulations for maintaining order in the classroom.

1997, c. 830; 2001, cc. 688, 820.

Code of Virginia — Title 22.1 (Education), Chapter 14 (Pupils)
§ 22.1-276.3. Ineligibility of students to compete in athletic competitions.
Any nonprofit corporation founded in Virginia in 1913 that currently organizes and governs interscholastic activities among the public high schools shall develop, implement, and enforce rules requiring that a student who is a member of a school athletic team be ineligible for two school years to compete in interscholastic athletic competition, if it has been determined by the school principal and division superintendent that the student used anabolic steroids during the training period immediately preceding or during the sport season of the athletic team, unless such steroid was prescribed by a licensed physician for a medical condition.

2005, c. 481.
Code of Virginia — Title 22.1 (Education), Chapter 14 (Pupils)
§ 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 or only a violation of any student cell phone and smart device possession and use policy developed and implemented pursuant to § 22.1-79.3:1.

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; 2025, cc. 606, 644.

Code of Virginia — Title 22.1 (Education), Chapter 14 (Pupils)
§ 22.1-277.01. Repealed.
Repealed by Acts 2001, cc. 688 and 820, cl. 2.
Code of Virginia — Title 22.1 (Education), Chapter 14 (Pupils)
§ 22.1-277.04. Short-term suspension; procedures; readmission.
A pupil may be suspended for not more than ten school days by either the school principal, any assistant principal, or, in their absence, any teacher. The principal, assistant principal, or teacher may suspend the pupil after giving the pupil oral or written notice of the charges against him and, if he denies them, an explanation of the facts as known to school personnel and an opportunity to present his version of what occurred. In the case of any pupil whose presence poses a continuing danger to persons or property, or whose presence is an ongoing threat of disruption, the pupil may be removed from school immediately and the notice, explanation of facts, and opportunity to present his version shall be given as soon as practicable thereafter.

Upon suspension of any pupil, the principal, assistant principal, or teacher responsible for such suspension shall report the facts of the case in writing to the division superintendent or his designee and the parent of the pupil suspended. The division superintendent or his designee shall review forthwith the action taken by the principal, assistant principal, or teacher upon a petition for such review by any party in interest and confirm or disapprove such action based on an examination of the record of the pupil's behavior.

The decision of the division superintendent or his designee may be appealed to the school board or a committee thereof in accordance with regulations of the school board; however, the decision of the division superintendent or his designee shall be final if so prescribed by school board regulations.

The school board shall require that any oral or written notice to the parent of a student who is suspended from school attendance for not more than ten days include notification of the length of the suspension, information regarding the availability of community-based educational programs, alternative education programs or other educational options, and of the student's right to return to regular school attendance upon the expiration of the suspension. The costs of any community-based educational program, or alternative education program or educational option, which is not a part of the educational program offered by the school division, shall be borne by the parent of the student.

School boards shall adopt policies and procedures to ensure that suspended students are able to access and complete graded work during and after the suspension.

1998, c. 806, § 22.1-277.03; 2001, cc. 688, 820; 2020, c. 337.
Code of Virginia — Title 22.1 (Education), Chapter 14 (Pupils)
§ 22.1-277.05. Long-term suspensions; procedures; readmission.
A. A pupil may be suspended from attendance at school for 11 to 45 school days after providing written notice to the pupil and his parent of the proposed action and the reasons therefor and of the right to a hearing before the school board, or a committee thereof, or the superintendent or his designee, in accordance with regulations of the school board. If the regulations provide for a hearing by the superintendent or his designee, the regulations shall also provide for an appeal of the decision to the full school board. Such appeal shall be decided by the school board within 30 days.

If the regulations provide for a hearing by a committee of the school board, the regulations shall also provide that such committee may confirm or disapprove the suspension of a student. Any such committee of the school board shall be composed of at least three members. If the committee's decision is not unanimous, the pupil or his parent may appeal the committee's decision to the full school board. Such appeal shall be decided by the school board within 30 days.

B. A school board shall include in the written notice of a suspension for 11 to 45 school days required by this section notification of the length of the suspension. In the case of a suspension for 11 to 45 school days, such written notice shall provide information concerning the availability of community-based educational, alternative education, or intervention programs. Such notice shall also state that the student is eligible to return to regular school attendance upon the expiration of the suspension or to attend an appropriate alternative education program approved by the school board during or upon the expiration of the suspension. The costs of any community-based educational, alternative education, or intervention program that is not a part of the educational program offered by the school division that the student may attend during his suspension shall be borne by the parent of the student.

Nothing in this section shall be construed to prohibit the school board from permitting or requiring students suspended pursuant to this section to attend an alternative education program provided by the school board for the term of such suspension.

School boards shall adopt policies and procedures to ensure that suspended students are able to access and complete graded work during and after the suspension.

C. Notwithstanding the provisions of subsections A and B, a long-term suspension may extend beyond a 45-school-day period but shall not exceed 364 calendar days if (i) the offense is one described in § 22.1-277.07 or 22.1-277.08 or involves serious bodily injury or (ii) the school board or division superintendent or his designee finds that aggravating circumstances exist, as defined by the Department. Such definition shall include a consideration of a student's disciplinary history.

1998, c. 806, § 22.1-277.03; 2001, cc. 688, 820; 2018, c. 491; 2020, c. 337.
Code of Virginia — Title 22.1 (Education), Chapter 14 (Pupils)
§ 22.1-277.07:1. Policies prohibiting possession of firearms.
Notwithstanding any other provision of law to the contrary, each school division may develop and implement procedures addressing disciplinary actions against students, and may establish disciplinary policies prohibiting the possession of firearms on school property, school buses, and at school-sponsored activities.

2004, c. 560.

Code of Virginia — Title 22.1 (Education), Chapter 14 (Pupils)
§ 22.1-277.08. Expulsion of students for certain drug offenses.
A. School boards shall expel from school attendance any student whom such school board has determined, in accordance with the procedures set forth in this article, to have brought a controlled substance, imitation controlled substance, or marijuana as defined in § 18.2-247 onto school property or to a school-sponsored activity. A school administrator, pursuant to school board policy, or a school board may, however, determine, based on the facts of a particular situation, that special circumstances exist and no disciplinary action or another disciplinary action or another term of expulsion is appropriate. A school board may, by regulation, authorize the division superintendent or his designee to conduct a preliminary review of such cases to determine whether a disciplinary action other than expulsion is appropriate. Such regulations shall ensure that, if a determination is made that another disciplinary action is appropriate, any such subsequent disciplinary action is to be taken in accordance with the procedures set forth in this article. Nothing in this section shall be construed to require a student's expulsion regardless of the facts of the particular situation.

B. Each school board shall revise its standards of student conduct to incorporate the requirements of this section no later than three months after the date on which this act becomes effective.

1998, c. 655; 1999, cc. 706, 732, § 22.1-277.01:1; 2001, cc. 688, 820; 2011, cc. 384, 410; 2014, cc. 109, 312, 577, 674, 719, 765.

Code of Virginia — Title 22.1 (Education), Chapter 14 (Pupils)
§ 22.1-277.1. Repealed.
Repealed by Acts 2001, cc. 688 and 820, cl. 2.
Code of Virginia — Title 22.1 (Education), Chapter 14 (Pupils)
§ 22.1-277.2:2. Alternative education program data.
The Department of Education shall annually collect from each school board and publish on its website data on alternative education programs for students who have been suspended, expelled, or otherwise precluded from attendance at school. Such data shall (i) be published in a manner that protects the identities of individual students; (ii) be disaggregated by local school division and by student race, ethnicity, gender, and disability; and (iii) include:

1. The number of students enrolled in alternative education programs pursuant to each of the five clauses set forth in subsection A of § 22.1-277.2:1;

2. The number of students enrolled in alternative education programs who have received (i) a short-term suspension, (ii) a long-term suspension, or (iii) an expulsion;

3. The current availability of various categories of alternative education programs available to all students and not solely special education students, including full-day programs with on-site, in-school teacher instruction; full-day programs with off-site, out-of-school teacher instruction; primarily virtual instruction; home-based or home-bound instruction; partial-day instruction; and any other category that the Department of Education may identify;

4. The average length of enrollment in an alternative education program per program during each school year;

5. The number of students who transition within the same school year from an alternative education program back into the school at which they were enrolled immediately preceding enrollment in the alternative education program; and

6. Relevant student achievement data, as determined by the Department of Education.

2019, cc. 123, 232.

Code of Virginia — Title 22.1 (Education), Chapter 14 (Pupils)
§ 22.1-278. Repealed.
Repealed by Acts 2001, cc. 688 and 820, cl. 2.

Code of Virginia — Title 22.1 (Education), Chapter 14 (Pupils)
§ 22.1-279. Repealed.
Repealed by Acts 1990, c. 797 and Acts 1991, c. 295.