Virginia 2017 Regular Session Status: Passed Senate

SB 995 — Student discipline; long-term suspension.

Last action — Defeated by House (39-Y 56-N)

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House of Delegates
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2017 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Prohibits a long-term suspension from extending beyond 60 school days unless the school board or the superintendent finds that the student's behavior could constitute an offense of an enumerated crime if the offense occurred at school, on school property, or at a school-sponsored event. The bill requires the school board or the superintendent to conduct a review of any suspension that exceeds 60 days at the end of each grading period to determine if the student can return to school early.

Bill Text

What changed in the latest version

74 added · 153 removed

Plain-language change summary

The amendment to SB 995 redefines certain terms and clarifies the scope of "alternative education programs" and "bullying" within Virginia's education code. The updated definitions aim to provide a clearer understanding of behaviors considered bullying and how students who struggle with standard education settings can be better served through alternative programs. This change matters because it emphasizes the importance of addressing not only discipline but also the varying educational needs of students, potentially leading to more supportive learning environments.

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SESSION history | hilite | pdf | print version 17105134D SENATE BILL NO.
SESSION history | hilite | pdf | print version 17105405D SENATE BILL NO.
995 AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by the Senate Committee on Education and Health on February 2, 2017) (Patron Prior to Substitute--Senator Stanley) A BILL to amend and reenact §§ 22.1-209.1:2, 22.1-277, and 22.1-277.05 of the Code of Virginia, relating to public schools;
995 AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by the House Committee on Education on February 13, 2017) (Patron Prior to Substitute--Senator Stanley) A BILL to amend and reenact §§ 22.1-276.01 and 22.1-277.05 of the Code of Virginia, relating to public schools;
That §§ 22.1-209.1:2, 22.1-277, and 22.1-277.05 of the Code of Virginia are amended and reenacted as follows:
That §§ 22.1-276.01 and 22.1-277.05 of the Code of Virginia are amended and reenacted as follows:
§ 22.1-209.1:2.
§ 22.1-276.01.
Regional alternative education programs for certain students.
Definitions.
With such funds as may be appropriated for this purpose, the Board of Education shall establish a program consisting of regional alternative education options for elementary, middle, and high school students in compliance with subdivision D 7 of § 22.1-253.13:1 who (i) have committed an offense in violation of school board policies relating to weapons, alcohol or drugs, or intentional injury to another person, or against whom a petition or warrant has been filed alleging such acts or school board charges alleging such policy violations are pending;
For the purposes of this article, unless the context requires a different meaning:
(ii) have been expelled from school attendance or have received one suspension for an entire semester more than 60 school days, or have received two or more long-term suspensions within one school year;
"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.
or (iii) have been released from a juvenile correctional center and have been identified by the Superintendent of the Department of Juvenile Justice's Division of Education and the relevant division superintendent as requiring a regional alternative education program.
"Bullying" means any aggressive and unwanted behavior that is intended to harm, intimidate, or humiliate the victim;
Based on available space, a student may also be administratively assigned to a regional alternative education program either at the request of the parent and with the consent of the division superintendent or by the division superintendent after written notice to the student and his parent.
involves a real or perceived power imbalance between the aggressor or aggressors and victim;
Such notice of the opportunity for the student and/or his parent to participate in a hearing conducted by the division superintendent or his designee regarding such placement shall be issued and the assignment shall be final unless altered by the school board, upon timely written petition, in accordance with regulations of the school board, by the student or his parent, for a review of the record by the school board.
and is repeated over time or causes severe emotional trauma.
However, no child shall be assigned to any regional alternative education program described in this section for more than one school year without an annual assessment of the placement to determine the appropriateness of transitioning the child into the school division's regular program.
"Bullying" includes cyber bullying.
"Bullying" does not include ordinary teasing, horseplay, argument, or peer conflict.
"Disruptive behavior" means a violation of school board regulations governing student conduct that interrupts or obstructs the learning environment.
"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 more than 10 school days but less than 365 calendar 11 to 90 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.
Applications for grants shall include the following components:
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.
1.
An agreement executed by two or more school divisions and approval of their respective governing bodies to offer a regional alternative education option as provided in subsection A, and a plan for the apportionment of responsibilities for the administration, management, and support of the program, including, but not limited to, the facilities and location for the program, daily operation and oversight, staffing, instructional materials and resources, transportation, funding and in-kind services, and the program of instruction.
2.
A procedure for obtaining the participation in or support for the program, as may be determined, of the parents, guardian or other person having charge or control of a child placed in the program.
3.
An interagency agreement for cooperation executed by the local departments of health and social services or welfare;
the juvenile and domestic relations district court;
law-enforcement agencies;
institutions of higher education and other postsecondary training programs;
professional and community organizations;
the business and religious communities;
dropout prevention and substance abuse prevention programs;
community services boards located in the applicants' respective jurisdictions;
and the Department of Juvenile Justice.
4.
A curriculum developed for intensive, accelerated instruction designed to establish high standards and academic achievement for participating students.
5.
An emphasis on building self-esteem and the promotion of personal and social responsibility.
6.
A low pupil/teacher ratio to promote a high level of interaction between the students and the teacher.
7.
An extended day program, where appropriate, to facilitate remediation;
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tutoring;
counseling;
organized, age-appropriate, developmental education for elementary and middle school children;
and opportunities that enhance acculturation and permit students to improve their social and interpersonal relationship skills.
8.
Community outreach to build strong school, business, and community partnerships, and to promote parental involvement in the educational process of participating children.
9.
Specific, measurable goals and objectives and an evaluation component to determine the program's effectiveness in reducing acts of crime and violence by students, the dropout rate, the number of youth committed to juvenile correctional centers, and recidivism;
and in increasing the academic achievement levels and rehabilitative success of participating students, admission to institutions of higher education and other postsecondary education and training programs, and improving staff retention rates.
10.
The number of children who may be assigned to the regional alternative education program during the school year.
11.
A plan for transitioning the enrolled students into the relevant school division's regular program.
12.
A current program of staff development and training.
C.
Beginning with the first year of program implementation, the Department of Education shall be entitled to deduct annually from the locality's share for the education of its students a sum equal to the actual local expenditure per pupil for the support of those students placed by the relevant school division in any such program.
The amount of the actual transfers shall be based on data accumulated during the prior school year.
D.
A school board shall require written notification to the pupil's parent, guardian, or other person having charge or control, when a pupil commits an offense in violation of school board policies, which school officials determine was committed without the willful intent to violate such policies, or when the offense did not endanger the health and safety of the individual or other persons, of the nature of the offense no later than two school days following its occurrence.
A school board shall require the principal of the school where the child is in attendance or other appropriate school personnel to develop appropriate measures, in conjunction with the pupil's parent or guardian, for correcting such behavior.
E.
For the purposes of this section, "regional alternative education program" means a program supported and implemented by two or more school divisions which are either geographically contiguous or have a community of interest.
F.
For the purposes of this section, "one school year" means no more than 180 teaching days.
§ 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 truancy.
No long-term suspension shall extend beyond 60 school days unless the school board or the superintendent or his designee finds that the student's behavior may constitute an offense contemplated under subsection G of § 16.1-260 if such offense is based on conduct that occurred at school, on school property, or at a school-sponsored event.
In any case in which a student is suspended for more than 60 school days, the school board or the superintendent or his designee shall conduct a review at the end of each grading period to determine whether the student will be permitted to return to school prior to the expiration of the long-term suspension.
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.
A pupil may be suspended from attendance at school for more than ten 10 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.
A pupil may be suspended from attendance at school for more than ten 11 to 90 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 proposed action is a suspension for more than 60 school days, the notice shall include an explanation of the aggravating circumstances that form the basis for such proposed action.
Such appeal shall be decided by the school board within thirty 30 days.
Such appeal shall be decided by the school board within thirty days.
Such appeal shall be decided by the school board within thirty 30 days.
Such appeal shall be decided by the school board within thirty days.
A school board shall include in the written notice of a suspension for more than ten 10 days required by this section, notification of the length of the suspension.
A school board shall include in the written notice of a suspension for more than ten 11 to 90 school days required by this section, notification of the length of the suspension.
In the case of a suspension for more than ten 10 days, such written notice shall provide information concerning the availability of community-based educational, alternative education, or intervention programs.
In the case of a suspension for more than ten 11 to 90 school days, such written notice shall provide information concerning the availability of community-based educational, alternative education, or intervention programs.
C.
Long-term suspensions shall not extend beyond any 45 school day period unless the school principal or division superintendent finds that aggravating circumstances exist, as defined by the local school board.
The length of any long-term suspension that extends beyond any 45 school day period shall be reviewed at the end of each such period.
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Action History

  1. Defeated by House (39-Y 56-N)

  2. Committee substitute agreed to 17105405D-H1

  3. Read third time

  4. Passed by for the day

  5. Passed by for the day

  6. Passed by for the day

  7. Read second time

  8. Referred to Committee on Education

  9. Read first time

  10. Placed on Calendar

  11. Engrossed by Senate - committee substitute SB995S1

  12. Committee substitute agreed to 17105134D-S1

  13. Reading of substitute waived

  14. Read second time

  15. Assigned Education sub: Public Education

  16. Referred to Committee on Education and Health

  17. Prefiled and ordered printed; offered 01/11/17 17100679D

Sponsors

Sponsorship breakdown

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1 sponsors · 4 co-sponsors · 143 not signed on · 39 voted No

Sponsors (1)

Co-sponsors (4)

Not signed on (143)

143 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Defeated by House

Failed 39 Yea · 56 Nay
Party YeaNayPresentNot Voting
Unaffiliated 395600
Total 395600
% of votes cast 41%59%0%0%
How each member voted (95)
Member Party Vote
Albo — Yea
Cline — Yea
Collins — Nay
Hester — Yea
Ingram — Nay
Landes — Nay
LeMunyon — Yea
Lingamfelter — Yea
O'Bannon — Yea
Stolle — Yea
Toscano — Yea
Villanueva — Nay
Yost — Yea
Bell, Richard P. — Yea
Adams — Nay
Holcomb — Yea
James — Yea
Lindsey — Yea
Minchew — Yea
Peace — Yea
Pogge — Yea
Miller — Nay
Dudenhefer — Nay
Farrell — Nay
Greason — Nay
Habeeb — Nay
Helsel — Nay
Hugo — Nay
Loupassi — Nay
Massie — Nay
Morris — Nay
Yancey — Nay
Aird, Lashrecse D. — Yea
Alfonso H. Lopez — Yea
Bell, John J. — Yea
Bell, Robert B. — Nay
Betsy B. Carr — Nay
Bourne, Jeffrey M. — Yea
Bulova, David L. — Nay
Byron, Kathy J. — Nay
C.E. Cliff Hayes, Jr. — Yea
Campbell, Jeffrey L. — Nay
Charniele L. Herring — Yea
Christopher T. Head — Nay
Cole, Mark L. — Nay
Cox, M. Kirkland — Nay
Davis, Glenn R. — Nay
Delores L. McQuinn — Yea
Edmunds, James E., II — Nay
Fariss, C. Matthew — Nay
Filler-Corn, Eileen — Yea
Fowler, Hyland F."Buddy," Jr. — Nay
Freitas, Nicholas J. — Nay
Gilbert, C. Todd — Nay
Heretick, Steve E. — Nay
Israel D. O'Quinn — Nay
James A. "Jay" Leftwich — Nay
Jennifer B. Boysko — Yea
Jessica L. Anderson — Nay
Keam, Mark L. — Yea
Knight, Barry D. — Nay
LaRock, Dave A. — Nay
Lamont Bagby — Yea
Levine, Mark H. — Yea
Luke E. Torian — Yea
M. Keith Hodges — Nay
Marcia S. "Cia" Price — Yea
Marcus B. Simon — Yea
Marshall, Daniel W., III — Nay
Marshall, Daniel W., III — Nay
Michael J. Webert — Nay
Miyares, Jason S. — Nay
Mullin, Michael P. — Yea
Murphy, Kathleen — Nay
Orrock, Robert D., Sr. — Nay
Patrick A. Hope — Nay
Paul E. Krizek — Yea
Plum, Kenneth R. — Nay
Poindexter, Charles D. — Nay
R. Lee Ware — Nay
Ransone, Margaret B. — Nay
Richard C. "Rip" Sullivan, Jr. — Yea
Robert S. Bloxom, Jr. — Nay
Robinson, Roxann L. — Yea
Rush, Nick — Yea
Sam Rasoul — Yea
Sickles, Mark D. — Nay
Terry G. Kilgore — Nay
Terry L. Austin — Nay
Thomas A. Garrett, Jr. — Nay
Thomas C. Wright, Jr. — Nay
Todd E. Pillion — Nay
Tony O. Wilt — Yea
Tyler, Roslyn C. — Yea
Vivian E. Watts — Nay

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Subjects

public-safety education
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Frequently asked questions

What does SB 995 do?
Prohibits a long-term suspension from extending beyond 60 school days unless the school board or the superintendent finds that the student's behavior could constitute an offense of an enumerated crime if the offense occurred at school, on school property, or at a school-sponsored event. The bill requires the school board or the superintendent to conduct a review of any suspension that exceeds 60 days at the end of each grading period to determine if the student can return to school early.
Who sponsors SB 995?
SB 995 is sponsored by Jennifer L. McClellan, Lionell Spruill, Sr., William M. Stanley, Jr., Jennifer T. Wexton, and Dunnavant, Siobhan S..
What is the current status of SB 995?
This bill died with 2017 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 995?
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