Suspension Appeal Procedures

In-school Disciplinary Actions

School Board of the City of Virginia Beach Regulation 5-6.1

Should a parent/legal guardian disagree with an in-school disciplinary action of the school (e.g., detention, In-School Suspension), the parent/legal guardian may appeal the school’s decision using the following guidelines:

1. The parent/legal guardian must submit a written appeal to the Principal. The Principal must receive the appeal within three (3) school days of the parent/legal guardian receiving notification of the discipline decision.
2. The Principal will meet with the student or the parent/legal guardian of a minor student and respond in writing within five (5) school days of the receipt of the appeal.
   
   Note: The Principal may assign a designee to meet with a student or the parent/legal guardian of a minor student and to respond in writing within five (5) days of the receipt of the appeal if the Principal will be absent during the five (5) day appeal period.
    
3. The decision of the Principal is final.

Out-of-School Suspension (OSS) Ten Days or Fewer

School Board of the City of Virginia Beach Regulation 5-6.1
School Board of the City of Virginia Beach Regulation 5-21.1

Should a parent/legal guardian disagree with an out-of-school disciplinary action of ten days or fewer (e.g., Out-of-School Suspension, Corrective Action Plan), the parent/legal guardian may appeal the school’s decision using the following guidelines:

Long-term Suspensions (more than ten days)

School Board of the City of Virginia Beach Policy 5-21
School Board of the City of Virginia Beach Regulation 5-21.1
School Board of the City of Virginia Beach Regulation 5-21.3

Following a hearing before a hearing officer, the parent/legal guardian may appeal the decision to a discipline committee of the School Board as follows:

Such requests to appeal must be filed in writing by the parent/legal guardian with the Director of the Office of Student Leadership, within five (5) school days of receipt of the decision, or the right to appeal is waived. The discipline committee will consider the appeal within thirty (30) calendar days and may confirm, amend, or disapprove the suspension.

1. If the decision of the three-member discipline committee is not unanimous, the parent/legal guardian may appeal the decision to the full School Board. The appeal must be in writing and must be filed by the parent/legal guardian with the Director of the Office of Student Leadership within five (5) school days of receipt of the decision or the right to appeal is waived. The School Board will consider the appeal within thirty (30) calendar days.
2. Students remain subject to compulsory attendance laws while on suspension. If the student fails to enroll in an education program offered by VBCPS during the suspension, the student and/or parent/legal guardian is responsible for otherwise complying with the compulsory attendance laws and may be subject to referral to the court system for failure to comply. Students with disabilities should consult the Office of Programs for Exceptional Children or with the division’s Section 504 Coordinator, whomever is applicable, for educational service options.

Expulsions

School Board of the City of Virginia Beach Policy 5-21
School Board of the City of Virginia Beach Regulation 5-21.1
School Board of the City of Virginia Beach Regulation 5-21.3

Following the Superintendent’s or his/her designee’s recommendation for expulsion, a hearing will be held by a discipline committee of the School Board, and the committee may confirm or disapprove the expulsion. If the decision of the three-member discipline committee is not unanimous, the parent/legal guardian may appeal the decision to the full School Board.

The appeal must be in writing and must be filed by the parent/legal guardian with the Director of the Office of Student Leadership within five (5) school days of receipt of the decision or the right to appeal is waived. The School Board will consider the appeal within thirty (30) calendar days. Students remain subject to compulsory attendance laws while on suspension. If the student fails to enroll in an education program offered by VBCPS during the suspension, the student and/or parent/legal guardian is responsible for otherwise complying with the compulsory attendance laws and may be subject to referral to the court system for failure to comply. Students with disabilities should consult the Office of Programs for Exceptional Children or with the division’s Section 504 Coordinator, whomever is applicable, for educational service options. Students who are expelled from VBCPS remain subject to compulsory attendance laws.

Reinstatement

The School Board may require students who have been expelled by the School Board or a discipline committee of the School Board to provide a written request for readmission to school after one calendar year from the date of expulsion. Such a request should be accompanied by evidence that the student has corrected inappropriate behaviors and has established acceptable patterns of conduct.