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1995 SESSION
LD1153264Be it enacted by the General Assembly of Virginia:
1. That §§ 22.1-294, 22.1-303, 22.1-304, 22.1-305, 22.1-306, and 22.1-309 of the Code of Virginia are amended and reenacted as follows:
§ 22.1-294. Probationary terms of service for principals, assistant principals and supervisors; reassigning principal, assistant principal or supervisor to teaching position.
A person employed as a principal, assistant principal or supervisor,
including a person who has previously achieved continuing
term contract status as a teacher, shall serve three years in such
position in the same school division before acquiring continuing
term contract status as principal, assistant principal or
supervisor. Continuing Term contract status acquired
by a principal, assistant principal or supervisor shall not be construed (i)
as prohibiting a school board from reassigning such principal, assistant
principal or supervisor to a teaching position if notice of reassignment is
given by the school board by April fifteenth15 of any
year or (ii) as entitling any such principal, assistant principal or
supervisor to the salary paid him as principal, assistant principal or
supervisor in the case of any such reassignment to a teaching position. No
such salary reduction and reassignment, however, shall be made without first
providing such principal, assistant principal or supervisor with written
notice of the reason for such reduction and reassignment and an opportunity
to present his or her position at an informal meeting with the division
superintendent, the division superintendent's designee or the school board.
The principal, assistant principal or supervisor shall elect whether such
meeting shall be with the division superintendent, the division
superintendent's designee or the school board. The school board, division
superintendent or the division superintendent's designee shall determine what
processes are to be followed at the meeting. The decision to reassign and
reduce salary shall be at the sole discretion of the school board.
The intent of this section is to provide an opportunity for a principal, assistant principal or supervisor to discuss the reasons for such salary reduction and reassignment with the division superintendent, his designee or the school board, and the provisions of this section are meant to be procedural only. Nothing contained herein shall be taken to require cause as defined in § 22.1-307 for the salary reduction and reassignment of a principal, assistant principal or supervisor.
As used in this section, "supervisor" means a person who holds a supervisory position as specified in the regulations of the Board of Education and who is required to hold a license as prescribed by the Board of Education.
§ 22.1-303. Probationary terms of service for teachers.
A probationary term of service for three years in the same school division
shall be required before a teacher ismay be issued a
continuing term contract for a term of five
years. Once a continuing term contract status has
been attained in a school division in the Commonwealth, another probationary
period need not be served in any other school division unless such
probationary period, not to exceed one year, is made a part of the contract
of employment. Further, when a teacher has attained continuing
term contract status in a school division in the Commonwealth, and
separates from and returns to teaching service in a school division in
Virginia by the beginning of the third year, such teacher shall be required
to serve a probationary period not to exceed one year, if made a part of the
contract for employment.
For the purpose of calculating the three years of service required to attain
continuing term contract status, at least 160
contractual teaching days during the school year shall be deemed the
equivalent of one year in the first year of service by a teacher.
§ 22.1-304. Reemployment of teacher who has not achieved term contract status; effect of term contract; resignation of teacher; reduction in number of teachers.
If a teacher who has not achieved continuing term
contract status receives notice of reemployment, he must accept or reject in
writing within fifteen days of receipt of such notice. Except as provided in
§ 22.1-305, written notice of nonrenewal of the contract must be given by the
school board on or before April 15 of each year. If no such notice is given
a teacher by April 15, the teacher shall be entitled to a contract for the
ensuing year in accordance with local salary stipulations including
increments.
Teachers employed after completing who have completed
the probationary period shall be entitled to continuing contracts
during and whose service, in the judgment of the school board, has
demonstrated good behavior and competent service and
competence shall be employed pursuant to a term contract
prior to the age at which they are eligible or required to retire
except as hereinafter provided. The length of the term contract shall be
five years. Written notice of noncontinuation of the contract by
either party must be given by April 15 of each year; otherwise the contract
continues in effect for the ensuing year according to its terms and
in conformity with local salary stipulations including increments.
A teacher may resign after April 15 of any school year with the approval of the local school board. The teacher shall request release from contract at least two weeks in advance of intended date of resignation. Such request shall be in writing and shall set forth the cause of resignation.
In the event that If the board declines to grant the
request for release on the grounds of insufficient or unjustifiable cause,
and the teacher breaches such contract, disciplinary action, which may
include revocation of the teacher's license, may be taken pursuant to
regulations prescribed by the Board of Education.
As soon after April 15, as the school budget shall have
has been approved by the appropriating body, the school
board shall furnish each teacher a statement confirming continuation of
employment, setting forth assignment and salary.
Nothing in the continuing term contract shall be
construed to authorize the school board to contract for any financial
obligation beyond the period for which funds have been made available with
which to meet such obligation.
A school board may reduce the number of teachers, whether or not such
teachers have reached continuing term contract status,
because of decrease in enrollment or abolition of particular subjects.
§ 22.1-305. Nonrenewal of contract of probationary teacher.
A. Before a division superintendent recommends to the school board
nonrenewal of the contract of a any teacher who
has not achieved continuing , regardless of whether the teacher
has achieved term contract status, the division superintendent shall
notify the teacher of the proposed recommendation. Upon written request of
the teacher within five working days after receipt of such notice, the
division superintendent or his designee shall orally provide the specific
reasons, if any, for such recommendation, along with supporting
documentation, if any, to the teacher and, if requested by the teacher, to
his or her representative. Within ten days after receiving such reasons, the
teacher may request, by notification in writing to the division
superintendent, a conference before the division superintendent. Upon such
request, the division superintendent shall set a date for the conference,
which shall be within thirty days of the request, and shall give the teacher
at least fifteen days' notice of the time and place of the conference.
B. The conference shall be before the division superintendent or his designee. No such designee shall have recommended to the division superintendent the nonrenewal of the teacher's contract. The teacher and the person or persons who recommended the nonrenewal of the teacher's contract to the division superintendent, or a representative of either or both, shall be allowed to participate in the conference, but no such representative shall be an attorney.
C. If the conference is before a designee of the division superintendent, the designee shall communicate his recommendations to the division superintendent and to the teacher.
D. The division superintendent shall notify the teacher, in writing, of his intention with respect to the recommendation within ten days after the conference.
E. In any case in which a teacher requests a conference as provided in this
section, written notice of nonrenewal of the contract by the school board
must be given within thirty days after the division superintendent notifies
the teacher of his intention with respect to the recommendation and the
provisions of § 22.1-304 requiring such notice on or before April
fifteenth 15 shall not be applicable.
F. The conference shall be confidential and no written or oral communication
of such conference shall be made to anyone other than the school board, in
executive session, and employees of the school division having an interest
therein; provided, however, that both the teacher and
the division superintendent, upon request, may provide the reasons for the
nonrenewal to a potential employer of the teacher.
G. The provisions of this section shall be inapplicable when a decrease in
enrollment or the abolition of a particular subject or reduction in the
number of classes offered in a particular subject causes a reduction in the
number of teachers; provided, however, that a statement
to that effect shall be placed in the personnel file of each teacher whose
contract is nonrenewed not renewed for any such
reason.
H. The intent of this section is to provide an opportunity for a
probationary teacher to discuss the reasons for nonrenewal with the division
superintendent or his designee, and the provisions of this section are meant
to be procedural only. Nothing contained herein shall be taken to require
cause as defined in § 22.1-307 for the nonrenewal of the contract of a
teacher who has not achieved continuing term contract
status nor shall the failure of the school board or the division
superintendent to comply with any time requirement herein constitute a basis
for continued employment of the teacher.
§ 22.1-306. Definitions.
As used in this article:
1. "Grievance" means a complaint or dispute by a teacher relating to his or
her employment including, but not necessarily limited to: (i) disciplinary
action including dismissal or placing on probation; (ii) the application or
interpretation of: (a) personnel policies, (b) procedures, (c) rules and
regulations, (d) ordinances and (e) statutes; (iii) acts of reprisal against
a teacher for filing or processing a grievance, participating as a witness in
any step, meeting or hearing relating to a grievance, or serving as a member
of a fact-finding panel; and (iv) complaints of discrimination on the basis
of race, color, creed, political affiliation, handicap, age, national origin
or sex. Each school board shall have the exclusive right to manage the
affairs and operations of the school division. Accordingly, the term
"grievance" shall not include a complaint or dispute by a teacher relating to
(i) establishment and revision of wages or salaries, position classifications
or general benefits, (ii) suspension of a teacher or nonrenewal of the
contract of a teacher who has not achieved continuing
term contract status, (iii) the establishment or contents of
ordinances, statutes or personnel policies, procedures, rules and
regulations, (iv) failure to promote, or (v) discharge, layoff or
suspension from duties because of decrease in enrollment, decrease in
enrollment or abolition of a particular subject or insufficient funding, (vi)
hiring, transfer, assignment and retention of teachers within the school
division, or (vii) suspension from duties in emergencies, or
(viii) the methods, means and personnel by which the school division's
operations are to be carried on.
While these management rights are reserved to the school board, failure to apply, where applicable, the rules, regulations, policies, or procedures as written or established by the school board is grievable.
2. "Dismissal" means the dismissal of any teacher during the term of such
teacher's contract and the nonrenewal of the contract of a teacher on
continuing contract. Dismissal shall not include the failure to
grant a new term contract upon the expiration of a previous contract.
§ 22.1-309. Notice to teacher of recommendation of dismissal or placing on probation; school board not to consider merits during notice; superintendent required to provide reasons for recommendation upon request.
In the event If a division superintendent determines to
recommend dismissal of any teacher or the placing on probation of a teacher
on continuing term contract, written notice shall be
sent to the teacher notifying him of the proposed dismissal or placing on
probation and informing him that within fifteen days after receiving the
notice the teacher may request a hearing before the school board as provided
in § 22.1-311 or before a fact-finding panel as provided in § 22.1-312.
During such fifteen-day period and thereafter until a hearing is held in
accordance with the provisions herein, 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 herein. 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 If a
teacher requests a hearing pursuant to § 22.1-311 or § 22.1-312, the division
superintendent shall provide, within ten 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 or probation. Within ten 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 or
probation. 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" shall mean
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.