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2014 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 22.1-309 of the Code of Virginia is amended and reenacted as follows:
§ 22.1-309. Notice to teacher of recommendation of dismissal; school board not to consider merits during notice; superintendent required to provide reasons for recommendation upon request.
In the event a division superintendent determines to recommend
dismissal of any teacher, written notice shall be sent to the teacher notifying
him of the proposed dismissal and informing him that within five 10
business days after receiving the notice the teacher may request a hearing
before the school board or, at the option of the local school board, a hearing
officer appointed by the school board as provided in § 22.1-311. During such five
business day 10-business-day period and thereafter until a hearing
is held in accordance with the provisions of this section, if one is requested
by the teacher, the merits of the recommendation of the division superintendent
shall not be considered, discussed or acted upon by the school board except as
provided for in this section. At the request of the teacher, the division
superintendent shall provide the reasons for the recommendation in writing or,
if the teacher prefers, in a personal interview. In the event a teacher
requests a hearing pursuant to § 22.1-311, the division superintendent shall
provide, within 10 days of the request, the teacher or his representative with
the opportunity to inspect and copy his personnel file and all other documents
relied upon in reaching the decision to recommend dismissal. Within 10 days of
the request of the division superintendent, the teacher or his representative
shall provide the division superintendent with the opportunity to inspect and
copy the documents to be offered in rebuttal to the decision to recommend
dismissal. The division superintendent and the teacher or his representative
shall be under a continuing duty to disclose and produce any additional
documents identified later which may be used in the respective parties'
cases-in-chief. The cost of copying such documents shall be paid by the
requesting party.
For the purposes of this section, "personnel file" means any and all memoranda, entries, or other documents included in the teacher's file as maintained in the central school administration office or in any file on the teacher maintained within a school in which the teacher serves.