Student discipline; parental notification. (HB1080)

Introduced By

Del. Tim Hugo (R-Centreville)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


Student discipline; parental notification.  Requires the school principal to take certain procedures, including parental notification and the issuance of due process warnings, prior to questioning a student in the case of a serious violation. A serious violation is defined as a violation of a school board policy or the compulsory school attendance requirements when such violation could result in the student's suspension, the notification of law enforcement, or the filing of a court petition. Read the Bill »


Bill Has Failed


01/11/2012Prefiled and ordered printed; offered 01/11/12 12101102D
01/11/2012Referred to Committee on Education
01/18/2012Assigned Education sub: Students and Early Education
01/23/2012Impact statement from DHCD (HB1080)
02/06/2012Subcommittee recommends reporting with amendment(s) (5-Y 1-N)
02/08/2012Continued with a substitute to 2013 in Education
02/08/2012Committee substitute printed 12105093D-H1
02/08/2012Continued to 2013 with substitute in Education


Greg Mathieson writes:

Seems like we now have to read a student his/her rights before going to the Principal office for wearing a Tshirt which violates the School Boards rules. this just adds more time, more administrative work and more staff having to be involved in administrating discipline in public schools. Does this also apply to private schools as well? And what if the student is 18 years of age? Send them to detention for 3 hours or clean the hallways .

Liane Rozzell writes:

Due process is always time consuming. And it's also in the Constitution. Note that this is for "serious violations."

Greg Mathieson writes:

I have a problem with " A serious violation is defined as a violation of a school board policy ". This law would allow for the School Board to basically right their own laws from this point on. I don't what them to have that right. What if a school and some do, limit type of clothes, T shirts or other things the students can and cannot do, weight discrimination is already allowed in Virginia schools. I do believe we need discipline in the schools, but not making school policies, laws for criminal enforcement in all cases. Many schools already have SROs in the school, police officers who are stationed there full time, in many cases they are already informed of what's going on with a particular problem in a school and deal with it. If a student breaks a law, they are there to enforce it. But this bill allows for the school board to add even more rules and laws beyond what the public may already have. Yes, student have rights and as such, they should not be limited by school boards defining what to write or say and then have the right to legal enforce it with the full support of the Virginia Legislative. Have we come to time when every teacher or principal needs to read the miranda rights to a student before sending them to detention hall.

Liane Rozzell writes:

This bill does NOT add to the school board's powers. As you suggest, with SROs in schools and "zero tolerance" holding sway, many students are now subject to criminal enforcement for what used to only be a trip to the principal's office. This bill seeks to limit the power to get students in serious trouble without even informing their parents.

Greg Mathieson writes:

Read the law. It specifically says, at the front end. "A serious violation is defined as a violation of a school board policy " Which means the law supports the school board policy as the school defines it. And as such the school board can make and change policy as much as they wish. The legislative only meets once year and can't change this law again for a good long time. Laws already on the book allow for parents to be notified if a minor is held by law enforcement and being questions. Miranda in that case applies to all. Maybe the school needs to have a one day class on students rights and responsibilities.

Liane Rozzell writes:

The current law ALREADY says what you are quoting. This BILL does not change that. The bill proposes to add some very necessary protections that are not covered elsewhere.

Greg Mathieson writes:

Again, a student already is entitled to miranda warnings. This compels them to sign a document that they know their rights and agree to questioning. A law like this, if challenged by a student or parents could end up n the US Supreme Court. We already have a system in place and if the school feels the need to question a student and use his or her statement against them, then they need to bring in a law enforcement officer and let them deal with the situation. Principals and teachers don't need to get in the middle of law enforcement and miranda rights with students. Leave it to the SPO to do their job.