Suspended Or Expelled
Va. Code 22.1-277.04 — not more than ten school days on notice and a chance to answer, 11 to 45 school days after written notice and a hearing
| The question | Suspension | Expulsion |
|---|---|---|
| The questionWho decides | SuspensionThe principal, an assistant principal or, in their absence, any teacher | ExpulsionThe school board, or a committee of it |
| The questionHow long | SuspensionShort term, not more than ten school days; long term, 11 to 45 school days | ExpulsionThe length stated in the written notice |
| The questionWhat comes first | SuspensionShort term: notice of the charges and a chance to answer. Long term: written notice and the right to a hearing | ExpulsionWritten notice and the right to a hearing |
A short suspension. A pupil may be suspended for not more than ten school days after oral or written notice of the charges and, if the pupil denies them, an explanation of the facts as known to school personnel and an opportunity to present the pupil's version. A pupil whose presence poses a continuing danger or an ongoing threat of disruption may be removed immediately, with the notice and opportunity given as soon as practicable.
Review. The facts are reported in writing to the division superintendent and the parent. On a petition from any party in interest, the superintendent or designee reviews the suspension and confirms or disapproves it, and that decision may be appealed to the school board unless board regulations make it final.
A long suspension. A suspension of 11 to 45 school days comes after written notice to the pupil and parent of the proposed action, the reasons, and the right to a hearing. Where the hearing is before the superintendent or designee, an appeal lies to the full school board, decided within 30 days. A long term suspension may run beyond 45 school days, but not beyond 364 calendar days, for the offenses the Code names, serious bodily injury, or aggravating circumstances.
Expulsion. A pupil may be expelled after written notice of the proposed action, the reasons, and the right to a hearing before the school board or a committee of it. A committee's decision that is not unanimous may be appealed to the full board, decided within 30 days. A student found ineligible to return may petition for readmission to be effective one calendar year from the date of expulsion.
What an expulsion recommendation considers. Outside the weapon and drug offenses, a recommendation weighs the nature and seriousness of the violation, the danger to the school community, the disciplinary history, alternative placements, the student's age and grade, any mental health, substance abuse or special education assessments, and attendance and academic records.
Graded work. School boards adopt policies so that suspended students can access and complete graded work during and after the suspension.
A district's own code of conduct and board rules fill in much of the detail, and they are not on this page. How a particular suspension applies to a particular student is a question for a licensed Virginia attorney.
Sources for this section (3)
- Va. Code 22.1-277.04 — Short-term suspension; procedures; readmission
- Va. Code 22.1-277.05 — Long-term suspensions; procedures; readmission
- Va. Code 22.1-277.06 — Expulsions; procedures; readmission
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Virginia attorney.