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2016 SESSION
16103411DBe it enacted by the General Assembly of Virginia:
1. That [ §§ 22.1-79 and § ] 22.1-311 of
the Code of Virginia [ are is ] amended and reenacted as
follows:
[ § 22.1-79. Powers and duties.
A school board shall:
1. See that the school laws are properly explained,
enforced and observed;
2. Secure, by visitation or otherwise, as full information
as possible about the conduct of the public schools in the school division and
take care that they are conducted according to law and with the utmost
efficiency;
3. Care for, manage and control the property of the school
division and provide for the erecting, furnishing, equipping, and
noninstructional operating of necessary school buildings and appurtenances and
the maintenance thereof by purchase, lease, or other contracts;
4. Provide for the consolidation of schools or
redistricting of school boundaries or adopt pupil assignment plans whenever
such procedure will contribute to the efficiency of the school division;
5. Insofar as not inconsistent with state statutes and
regulations of the Board of Education, operate and maintain the public schools
in the school division and determine the length of the school term, the studies
to be pursued, the methods of teaching and the government to be employed in the
schools;
6. In instances in which no grievance procedure has been
adopted prior to January 1, 1991, establish and administer by July 1, 1992, a
grievance procedure for all school board employees, except the division
superintendent and those employees covered under the provisions of Article 2 (§
22.1-293 et seq.) and Article 3 (§ 22.1-306 et seq.) of Chapter 15 of this
title, who have completed such probationary period as may be required by the
school board, not to exceed 18 months. The grievance procedure shall afford a
timely and fair method of the resolution of disputes arising between the school
board and such employees regarding dismissal or other disciplinary actions,
excluding suspensions, and shall be consistent with the provisions of the Board
of Education's procedures for adjusting grievances. Except in the case of
dismissal, suspension, or other disciplinary action, the grievance procedure
prescribed by the Board of Education pursuant to § 22.1-308 shall apply to all
full-time employees of a school board, except supervisory employees;
7. Perform such other duties as shall be prescribed by the
Board of Education or as are imposed by law;
8. Obtain public comment through a public hearing not less
than 10 days after reasonable notice to the public in a newspaper of general
circulation in the school division prior to providing (i) for the consolidation
of schools; (ii) the transfer from the public school system of the
administration of all instructional services for any public school classroom or
all noninstructional services in the school division pursuant to a contract
with any private entity or organization; or (iii) in school divisions having
15,000 pupils or more in average daily membership, for redistricting of school
boundaries or adopting any pupil assignment plan affecting the assignment of 15
percent or more of the pupils in average daily membership in the affected
school; or (iv) for the appointment of a hearing officer pursuant to §
22.1-311. Such public hearing may be held at the same time and place as the
meeting of the school board at which the proposed action is taken if the public
hearing is held before the action is taken. If a public hearing has been held
prior to the effective date of this provision on a proposed consolidation,
redistricting or pupil assignment plan which is to be implemented after the
effective date of this provision, an additional public hearing shall not be
required;
9. (Expires July 1, 2020) At least annually, survey the
school division to identify critical shortages of teachers and administrative
personnel by subject matter, and report such critical shortages to the
Superintendent of Public Instruction and to the Virginia Retirement System;
however, the school board may request the division superintendent to conduct
such survey and submit such report to the school board, the Superintendent, and
the Virginia Retirement System; and
10. Ensure that the public schools within the school
division are registered with the Department of State Police to receive from the
State Police electronic notice of the registration or reregistration of any sex
offender within that school division pursuant to § 9.1-914. ]
§ 22.1-311. Hearing before school board or hearing officer.
A. Upon a timely request for a hearing pursuant to § 22.1-309, the school board or, at the option of the school board, a hearing officer appointed by the school board shall set a hearing within 15 days of the request and the teacher shall be given at least five days' written notice of the time and the place. The hearing shall be private unless the teacher requests the hearing to be public. At the hearing the teacher may appear with or without a representative and be heard, presenting testimony of witnesses and other evidence. The school board may hear a recommendation for dismissal and make a determination whether to make a recommendation to the Board of Education regarding the teacher's license at the same hearing or hold a separate hearing for each action.
B. Each school board may appoint an impartial hearing officer
from outside the school division to conduct hearings pursuant to this section.
A hearing officer shall not have been involved in the recommendation of
dismissal as a witness or a representative [ A school
board that elects to appoint a hearing officer shall appoint such hearing
officer for a one-year term at its first meeting of the school year. ]
No school board shall appoint as a hearing officer an employee of the school
board or the spouse, child, parent, grandparent, or sibling of (i) any member
of the school board or (ii) the school superintendent. A hearing officer
shall possess some knowledge and expertise in public education and education
law and be capable of presiding over an administrative hearing. If the
appointed hearing officer or the spouse, child, parent, grandparent, or sibling
of the appointed hearing officer is involved in the recommendation of dismissal
as either a witness or representative, the school board shall conduct the
requested hearing.
The hearing officer shall schedule and preside over such hearings and shall create a record or recording of such proceedings. The hearing officer shall make a written recommendation to the school board, a copy of which shall be provided to the teacher. The hearing officer shall transmit the recommendation and the record or recording of the hearing to the school board as soon as practicable and no more than 10 business days after the hearing. In the event of a hearing before a hearing officer, the school board may make its decision upon the record or recording of such hearing, pursuant to § 22.1-313, or the school board may elect to conduct a further hearing to receive additional evidence by giving written notice of the time and place to the teacher and the division superintendent within 10 business days after the board receives the record or recording of the initial hearing. Such notice shall also specify each matter to be inquired into by the school board.
C. A record or recording of any hearing conducted pursuant to this section shall be made. The parties shall share the cost of the recording equally. In proceedings concerning grievances not related to dismissal, the recording may be dispensed with entirely by mutual consent of the parties. In such proceedings, if the recording is not dispensed with, the two parties shall share the cost of the recording equally; if either party requests a transcript, that party shall bear the expense of its preparation. In cases of dismissal, the record or recording shall be preserved for a period of six months. If the school board requests that a transcript be made at any time prior to expiration of the six-month period, it shall be made and copies shall be furnished to both parties. The school board shall bear the cost of the transcription.
D. Witnesses who are employees of the school board shall be granted release time if the hearing is held during the school day. The hearing shall be held at the school in which most witnesses work, if feasible.