Education Law & Student Defense Attorneys in Virginia

When a student is accused of misconduct at school, the consequences can be immediate — and severe.

Suspension.
Expulsion.
Removal from extracurricular activities.
Alternative school placement.
Referral to law enforcement.

For many families across Virginia Beach, Norfolk, Chesapeake, and Hampton Roads, these disciplinary proceedings feel sudden, confusing, and overwhelming. A single allegation — whether true or not — can disrupt your child’s education and permanently affect their academic future.

At Toscano Law Group, we represent students and families in K‑12 school disciplinary proceedings throughout Virginia.

Our education law practice focuses on protecting students accused of violations of:

• School Codes of Conduct
• Bullying or harassment policies
• Academic integrity rules
• Drug or alcohol policies
• Fighting or alleged assault
• Weapons or threat allegations
• Online or social media misconduct
• Title IX sexual misconduct
• Behavioral incidents related to disability

Many of these cases involve students who have never been in trouble before — and whose educational future is now at risk because of a single disciplinary referral.

Public schools in Virginia have broad authority to impose discipline for conduct they believe disrupts the educational environment.

But they must still follow legally required procedures before removing a student from school for extended periods of time.

Students facing:

• Long‑term suspension
• Expulsion
• Reassignment to an alternative program

have the right to:

• Written notice of allegations
• A disciplinary hearing
• The opportunity to present evidence
• The right to appeal the decision

These proceedings often move quickly — sometimes within days — and families are expected to prepare for hearings with little guidance.

We help parents level the playing field.

Disciplinary action becomes more complex when a student has:

• An Individualized Education Program (IEP), or
• A Section 504 accommodation plan

Schools may not remove a student for more than ten days without determining whether the alleged misconduct was related to the student’s disability.

If the behavior is determined to be a manifestation of the disability, the school’s disciplinary options may be limited — and the student may be entitled to continued educational services.

We regularly assist families with:

• Manifestation Determination Review (MDR) hearings
• Functional Behavioral Assessments (FBA)
• Behavioral Intervention Plans (BIP)
• Disputes over placement changes
• Procedural violations in special education discipline

Our education law attorneys represent students in matters involving:

• Fights or alleged assault at school
• Bullying or cyberbullying allegations
• Threat assessments
• Drug or vaping violations
• Academic dishonesty
• Social media conduct
• Sexual harassment allegations
• Off‑campus conduct affecting school discipline
• Special education disciplinary disputes
• Expulsion hearings
• Appeals to the school board

We also represent private school students facing disciplinary action or dismissal.

School disciplinary proceedings often occur before any criminal charges are filed — but statements made during school investigations can later be used by law enforcement.

It is important to seek legal advice before:

• Attending a disciplinary hearing
• Providing written statements
• Participating in threat assessment meetings
• Agreeing to alternative school placement

Toscano Law Group represents students and parents in:

• Virginia Beach
• Norfolk
• Chesapeake
• Newport News
• Hampton
• Portsmouth
• Suffolk
• Williamsburg
• And surrounding Virginia communities

Confidential consultations are available.

If your child is facing suspension, expulsion, or disciplinary action at school, contact Toscano Law Group today to discuss your options.