HB1794: Suspension; sufficient cause necessary to suspend student cannot rest solely on instance of truancy.


HOUSE BILL NO. 1794
House Amendments in [ ] January 30, 2009
A BILL to amend and reenact 22.1-277 of the Code of Virginia, relating to the use of suspension for instances of [ tardiness or ] truancy.
Patron Prior to Engrossment--Delegate Brink

Referred to Committee on Education

Be it enacted by the General Assembly of Virginia:

1.  That 22.1-277 of the Code of Virginia is amended and reenacted as follows:

22.1-277. Suspensions and expulsions of pupils generally.

A. Pupils 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 [ tardiness or ] truancy.

B. 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.

C. 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.

HOUSE BILL NO. 1794
Offered January 14, 2009
Prefiled January 9, 2009
A BILL to amend and reenact 22.1-277 of the Code of Virginia, relating to the use of suspension for instances of tardiness or truancy.
Patron-- Brink

Committee Referral Pending

Be it enacted by the General Assembly of Virginia:

1. That 22.1-277 of the Code of Virginia is amended and reenacted as follows:

22.1-277. Suspensions and expulsions of pupils generally.

A. Pupils 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 tardiness or truancy.

B. 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.

C. 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.

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