RECONVENED SESSION REENROLLED VIRGINIA ACTS OF ASSEMBLY ––-- 2022 RECONVENED SESSION CHAPTER R793 An Act to amend and reenact §§ 8.01-47, 22.1-279.3:1, and 22.1-279.3:3 of the Code of Virginia,EVirginia, relating to school principals;
E N [H 4] Approved RMay O27, 1.2022 Be it enacted by the General Assembly of Virginia:
1.
L § 8.01-47.
L In addition to any other immunity he may have, any person who, in good faith with reasonableEcausereasonable cause and without malice, acts to report, investigate, or cause any investigation to be made into the activities of any student or students or any other person or persons as they relate to conduct involving bDmbbomb threats,subsection firebombs,subdivisions explosiveA materials,6 orand other7 similarof devices§ as22.1-279.3:1, describedalcohol or drug use or abuse in clausesor (vi)related andto (vii)thei) of school or institution or in connection with any school or institution activity, or information that an individual poses any credible danger of serious bodily injury or death to one or more students, school personnel, or others on school property shall be immune from all civil liability that might otherwise be incurred or imposed as the result of the making of such a report, investigation, or disclosure.
H A.
Reports shall be made to the division superintendent and to the principal or his designee4ondesignee on all incidents involving (i) the assault or assault and battery, without bodily injury, of any person on a school bus, on school property, or at a school-sponsored activity;
(ii) the:njury,the: of any persoR on a 1.
1.
The sexual assault, death, shooting, stabbing, cutting, or wounding of any person, abduction of any person as described in § 18.2-47 or 18.2-48, or stalking of any person as described in § 18.2-60.3, on a school bus, on school property, or at a school-sponsored activity;
(iii) any conduct involving alcohol,aalcohol, marijuana, a controlled substance, imitation controlled substance, or an anabolic steroid on a school bus, on school property, or at a school-sponsored activity, including the theft or attempted theft of student prescription medications;
(vi) any as6. defined in § 18.2-85, or explosive or incendiary devices, as defined in § 18.2-433.1, or chemicalices, bombs, as described in § 18.2-87.1, on a school bus, on school property, or at a school-sponsored activity;
Any illegal conduct involving firebombs, explosive materials or devices, or hoax explosive devices, as defined in § 18.2-85, or explosive or incendiary devices, as defined in § 18.2-433.1, or chemical bombs, as described in § 18.2-87.1, on a school bus, on school property, or at a school-sponsored activity;
B.
Except as may otherwise be required by federal law, regulation, or jurisprudence, each principal:
Shall immediately report to the local law-enforcement agency any incident described in principal:subdivision A 1 that may constitute a felony offense;
subdivision A 1 that may constitute a felony offense;
May report to the local law-enforcement agency any other incident described in subsection A that is 4.not required to be reported pursuant to subdivision 1 or 2;
and 4.
Further, the of 3 principal shall report whether the incident has been reported to local law enforcement pursuant to this subsection and, if the incident has been so reported, that the parents may contact local law enforcement of 3 for further information, if they so desire.
For the purposes of this section, "parent" or "parents" means any parent, guardian or other person of 3 having control or charge of a child.
diminishG. the Governor's authority to coordinate and provide policy direction on official communications between the Commonwealth and the United States government.
EThis H.section shall not be construed to diminish the authority of the Board of Education or to diminish the Governor's authority to coordinate and provide policy direction on official communications between the Commonwealth and the United States government.
NothingH. in this section shall require delinquency charges to be filed or prevent schools Erom delinquency charge is filed with the juvenile court.
Nothing in this section shall require delinquency charges to be filed or prevent schools from of 3 dealing with school-based offenses through graduated sanctions or educational programming before a §delinquency 22.1-279.3:3.charge is filed with the juvenile court.
§ 22.1-279.3:3.
N A.
A school board may establish an alternative school discipline process to provide the parties involved in an incident described in clause (i) of subsection A of § 22.1-279.3:1 of assault or assault and battery, without bodily injury, of any person on a school bus, on school property, or at arOassaulta school-sponsored activity the option to enter into a mutually agreed-upon process between the iLvolvedinvolved parties.
Such process shall be designed to hold the student accountable for a noncriminal offenLeoffense through a mB.mutually agreed-upon standard.
B.
If the parties fail to agree to participate in the process or fail to successfully complete the alternative school discipline process, then the principal may report the incident to the local law-enforcement agency pursuant to subsection D of § 22.1-279.3:1.ipal22.1-279.3:1. may report the incident H R 2