Appeals and Appeals Procedures 5-6.1

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

STUDENTS

Appeals and Appeals Procedures - Disciplinary Actions

1. Generally
   1. An appeal is a formal written request for reconsideration of an action affecting a student which is imposed by a teacher, administrator, or other school official. For the purpose of this Regulation appeals shall be limited to discipline actions.
   2. A student or the parent/legal guardian of a minor student subject to the disciplinary action has the right to initiate an appeal.
   3. Appeals of in-school disciplinary actions and out-of-school suspension of ten (10) days or less shall be governed by the procedures set forth in this Regulation.
   4. Appeals of disciplinary actions resulting in out-of-school suspension of more than ten (10) days shall be governed by the procedure set forth in Policy 5-21, Regulation 5-21.1, and Regulation 5-21.3.
2. Appeal Procedure governing in-school disciplinary actions
   1. An appeal of the school decision must be received by the school principal in writing within three (3) school days of notification of the discipline decision.
   2. School 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.
   3. The school 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 pursuant to authorized leave during the five (5) day appeal period as set forth in this section.
   4. The decision of the school principal shall be final.
3. Appeal Procedure governing out-of-school suspension of ten (10) days or less
   1. Level I
      1. An appeal of the school decision must be received by the school principal in writing within three (3) school days of the discipline decision.
      2. School principal will meet with the student or the parent/legal guardian of a minor student subject to the disciplinary action and respond in writing within five (5) school days of the receipt of the appeal.
      3. The school principal may assign a designee to meet with the student of the parent/legal guardian of a minor student subject to the disciplinary action and to respond in writing within five (5) school days of the receipt of the appeal if the principal will be absent pursuant to authorized leave during the five (5) day appeal period as set forth in this section.
   2. Level II
      1. An appeal of the principal's or designee's decision to the Office of Student Leadership must be received in writing within three (3) school days of the receipt of the principal's or designee's decision.
      2. A coordinator in the Office of Student Leadership will investigate the matter and respond in writing within five (5) school days of the receipt of the appeal.
   3. Level III
      1. An appeal of the coordinator in the Office of Student Leadership's decision to the Director of the Office of Student Leadership must be received in writing within three (3) school days of receipt of the coordinator's decision.
      2. The Director of the Office of Student Leadership acting as the Superintendent's designee will investigate the matter and respond in writing within five (5) school days of the receipt of the appeal.
      3. Acting as the Superintendent's designee, the decision of the Director of the Office of Student Leadership shall be final.

Editor's Note

The procedure for out-of-school suspension of students of ten (10) days or less is covered by Policy 5-21, Regulation 5-21.1 and Regulation 5-21.3.

Related Links

School Board Policy 5-21
School Board Regulation 5-21.1
School Board Regulation 5-21.3

Approved by Superintendent: September 21, 1993 (Effective August 14, 1993)
Amended by School Board: June 5, 2001
Amended by School Board: June 3, 2003
Amended by School Board: May 17, 2005
Amended by School Board: May 22, 2018