CHAPTER 17
17.1 INTRODUCTION
17.2 ACCESSING STUDENTS’ EDUCATIONAL RECORDS
17.3 STANDARDS OF LEARNING AND EVERY STUDENT SUCCEEDS ACT
17.301 In General
17.302 The Standards of Learning (SOLs) and the SOL Tests Generally
17.303 The Every Student Succeeds Act
17.4 ENROLLMENT
17.401 In General
17.402 General Enrollment Principles
17.403 Students Living with Non-Parent Relatives
17.404 Enrollment of Homeless Students: McKinney-Vento Rights
17.405 Enrollment and Immigrant Students
17.406 Enrollment of Youth in Foster Care
17.407 Enrollment and Incarcerated Youth
17.5 STUDENT DISCIPLINE
17.501 Introduction
17.502 Bullying
17.503 Sufficient Cause
17.504 Short-Term Versus Long-Term Suspensions
17.505 Expulsion
17.506 Readmission After Expulsion
17.507 Exclusion (Students Expelled or Suspended from Outside the School District)
17.508 Zero Tolerance
17.509 Special Circumstances for Mitigation Purposes
17.510 Drug Offenses and “Firearms”
17.511 Other Weapons
17.512 Alternative Schools and Programs
17.513 Punishment of Off-Grounds Conduct
17.514 Allegations of Gang Activity and the First Amendment
17.515 Corporal Punishment Prohibited; Reasonable Force Permitted
17.516 Investigation by School and Law Enforcement Officials
17.517 Procedural Due Process
17.518 Contents of Written Notice
17.519 Timelines for Notice, Hearings, and Appeals
17.520 Requesting Discipline Records
17.521 Client Testimony and Fifth Amendment Rights
17.522 Judicial Review of a School Board Action
17.523 Juvenile Courts and Schools
17.6 BASIC SPECIAL EDUCATION LAW
17.601 Eligibility for Special Education and Related Services
17.602 Parental Rights and the Definition of “Parent”
17.603 Free Appropriate Public Education (FAPE)
17.604 From “Child Find” to Eligibility
17.605 The Individualized Education Program (IEP) and IEP Team
17.606 The Role of Parental Consent
17.607 Placement
17.608 Disputes
17.7 DISCIPLINE OF STUDENTS WITH DISABILITIES
17.701 In General
17.702 Disciplinary Changes in Placement
17.703 Manifestation Determination Review (MDR)
17.704 Services During Removal
17.705 Weapons, Drugs, Serious Bodily Injuries
17.706 Disciplining Students Not Yet Found Eligible for Special Education
17.707 Dispute Resolution/Challenging the MDR Decision
17.8 SECTION 504 OF THE REHABILITATION ACT
Citation
Crystal Shin, Basic Educational Law, in Juvenile Law and Practice in Virginia, Virginia CLE Publications, 885–941 (6 ed. 2021).