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2000 SESSION

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006315522
SENATE JOINT RESOLUTION NO. 226 AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by the Senate Committee on Rules on February 14, 2000) (Patron Prior to Substitute--Senator Rerras) Directing the Commission on Educational Accountability to study public school grievance procedures.

WHEREAS, the grievance procedure for public school teachers and administrators must provide due process and preserve the constitutional rights of those involved; and

WHEREAS, reasonable grievance procedures and regulations should allow the removal of ineffective and incompetent instructional and administrative personnel; and

WHEREAS, administrators may be reluctant to challenge the competence of teachers and administrators if they view the grievance procedure as being too complicated or ineffective; and

WHEREAS, some administrators believe that continuing contract law provides teachers with a privileged status that is unique among public employees; now, therefore, be it

RESOLVED by the Senate, the House of Delegates concurring, That the Commission on Educational Accountability be directed to study public school grievance procedures.

In conducting its study, the Commission shall consider and evaluate the continuing contract statutes and case law for instructional and administrative personnel. The study shall include, but not be limited to: (i) a thorough review of the statutory grievance procedure, (ii) an examination of the benefits and disadvantages of the continuing contract system relative to the provisions of the grievance procedure, (iii) the extent to which statutes governing the rights of principals and supervisors are not consistent with those of teachers, and (iv) how the grievance procedure is applied at public colleges and universities and for state employees. The study shall consider any existing guidelines for the evaluation of teachers, the development of a model teacher evaluation form, and the development of a comprehensive training program for the evaluation of school administrators and teachers, which includes the proper use of the teacher and administrator evaluation forms.

All agencies of the Commonwealth shall provide assistance to the Commission, upon request.

The Commission shall complete its work in time to submit its findings and recommendations to the Governor and the 2001 Session of the General Assembly as provided in the procedures of the Division of Legislative Automated Systems for the processing of legislative documents.