Public elementary and secondary schools; student discipline, etc. (HB398)

Introduced By

Del. Delores McQuinn (D-Richmond) with support from co-patron Del. Nadarius Clark (D-Portsmouth)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


Public elementary and secondary schools; student discipline; evidence-based restorative disciplinary practices. Prohibits, except in certain cases involving specific offenses enumerated in applicable law or in cases in which the division superintendent or his designee finds that aggravating circumstances, as defined by the Department of Education, exist, any public elementary or secondary school student from being suspended, expelled, or excluded from attendance at school without first considering at least one evidence-based restorative disciplinary practice such as community conferencing, community service, mentoring, a peer jury, peer mediation, positive behavioral interventions and supports, a restorative circle, or the Virginia Tiered Systems of Supports. The bill also requires the Department to add as part of the student behavior and administrative response collection required pursuant to relevant law the use of evidence-based restorative disciplinary practices as a behavioral intervention in order to evaluate the use and effectiveness of such practices. This bill is identical to SB 586. Read the Bill »


The Fiscal Impact Statement states that there is no anticipated state fiscal impact as a result of this bill. However, the impact on local school divisions is indeterminate.

Summary generated automatically by OpenAI.


Bill Has Failed


01/08/2024Prefiled and ordered printed; offered 01/10/24 24104881D
01/08/2024Referred to Committee on Education
01/19/2024Assigned Education sub: K-12 Subcommittee
01/30/2024House subcommittee amendments and substitutes offered
01/30/2024Subcommittee recommends reporting with substitute (5-Y 3-N)
01/30/2024Subcommittee recommends referring to Committee on Appropriations
02/02/2024Impact statement from DPB (HB398)
02/05/2024Reported from Education with substitute (12-Y 10-N) (see vote tally)
02/05/2024Committee substitute printed 24106530D-H1
02/05/2024Referred to Committee on Appropriations
02/05/2024Assigned App. sub: Elementary & Secondary Education
02/07/2024Reported from Appropriations with substitute (14-Y 8-N) (see vote tally)
02/07/2024Committee substitute printed 24107237D-H2
02/09/2024Read first time
02/12/2024Committee substitute rejected 24106530D-H1
02/12/2024Committee substitute agreed to 24107237D-H2
02/12/2024Read second time
02/12/2024Committee on Education substitute rejected 24106530D-H1
02/12/2024Committee on Appropriations substitute agreed to 24107237D-H2
02/12/2024Engrossed by House - committee substitute HB398H2
02/13/2024Read third time and passed House (52-Y 47-N)
02/13/2024VOTE: Passage (52-Y 47-N) (see vote tally)
02/14/2024Constitutional reading dispensed
02/14/2024Referred to Committee on Education and Health
02/18/2024Impact statement from DPB (HB398H2)
02/21/2024Assigned Education and Health Sub: Public Education
02/29/2024Senate subcommittee amendments and substitutes offered
02/29/2024Senate committee, floor amendments and substitutes offered
02/29/2024Reported from Education and Health with substitute (9-Y 6-N) (see vote tally)
02/29/2024Committee substitute printed 24108244D-S1
03/01/2024Impact statement from DPB (HB398S1)
03/01/2024Constitutional reading dispensed (40-Y 0-N) (see vote tally)
03/04/2024Read third time
03/04/2024Reading of substitute waived
03/04/2024Committee substitute agreed to 24108244D-S1
03/04/2024Engrossed by Senate - committee substitute HB398S1
03/04/2024Passed Senate with substitute (21-Y 19-N)
03/05/2024Senate substitute rejected by House 24108244D-S1 (0-Y 99-N)
03/05/2024VOTE: REJECTED (0-Y 99-N)
03/06/2024Senate insisted on substitute (40-Y 0-N)
03/06/2024Senate requested conference committee
03/07/2024House acceded to request
03/07/2024Conferees appointed by House
03/07/2024Delegates: McQuinn, Cohen, Coyner
03/07/2024Conferees appointed by Senate
03/07/2024Senators: Pekarsky, Favola, Craig
03/08/2024C Amended by conference committee
03/08/2024Conference report agreed to by House (52-Y 47-N)
03/08/2024VOTE: Adoption (52-Y 47-N)
03/08/2024Passed by temporarily
03/08/2024Conference report agreed to by Senate (21-Y 19-N)
03/25/2024Bill text as passed House and Senate (HB398ER)
03/25/2024Signed by President
03/26/2024Signed by Speaker
03/27/2024Impact statement from DPB (HB398ER)
03/27/2024Enrolled Bill communicated to Governor on March 27, 2024
03/27/2024G Governor's Action Deadline 11:59 p.m., April 8, 2024
04/08/2024G Vetoed by Governor
04/17/2024House sustained Governor's veto


Kris Allen writes:

Strongly Oppose. Requirement is top down and too proscriptive. § 22.1-279.3:3 of the code provides for an alternative discipline process for instances that involve non-bodily harm. Principals control this process, which could include many of the techniques described in HB398 or others. School boards already have a tool to work with the parties to solve a disciplinary problem and construct a mutually agreed process for adjudicating it within the existing disciplinary framework. The state should not be dictating HOW to do it. Cost of this legislation at the local level is indeterminate: another unfunded mandate.

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