SEARCH SITE
VIRGINIA LAW PORTAL
- Code of Virginia
- Virginia Administrative Code
- Constitution of Virginia
- Charters
- Authorities
- Compacts
- Uncodified Acts
- RIS Users (account required)
SEARCHABLE DATABASES
- Bills & Resolutions
session legislation - Bill Summaries
session summaries - Reports to the General Assembly
House and Senate documents - Legislative Liaisons
State agency contacts
ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
- Summaries: Since 1994
Developed and maintained by the Division of Legislative Automated Systems.
1996 SESSION
Be it enacted by the General Assembly of Virginia:
1. That §§ 19.2-83.1, 22.1-296.1, and 22.1-315 of the Code of Virginia are amended and reenacted as follows:
§ 19.2-83.1. Report of arrest of school employees for certain offenses.
Every state official or agency and every sheriff, police officer, or other
local law-enforcement officer or conservator of the peace having the power to
arrest for a felony, upon arresting a person who is known or discovered by the
arresting official to be a full-time, part-time, permanent, or temporary
teacher or other employee in any public school division in this
Commonwealth for a felony, a crime of moral turpitude, or any offense
involving the sexual molestation, physical or sexual abuse, or rape of a child,
shall file a report of such arrest with the local school division
superintendent of the employing division as soon as reasonably
practical. The contents of the report required pursuant to this section shall
be utilized by the local school division solely to implement the provisions of
§ 22.1-315.
§ 22.1-296.1. Data on convictions for certain crimes required; penalty.
As a condition of employment for all of its public school employees, whether
full-time or part-time, permanent, or temporary, every school board shall
require on its application for employment certification that the applicant has
not been convicted of a felony, a crime of moral turpitude, or any
offense involving the sexual molestation, physical or sexual abuse or rape of a
child. Any person making a materially false statement regarding any such
offense shall be guilty of a Class 1 misdemeanor and upon conviction, the fact
of said conviction shall be grounds for the Board of Education to revoke such
person's certificate license to teach.
§ 22.1-315. Grounds and procedure for suspension.
A. A teacher or other public school employee, whether full-time or
part-time, permanent, or temporary, may be suspended for good and just
cause when the safety or welfare of the school division or the students therein
is threatened or when the teacher or school employee has been charged by
summons, warrant, indictment or information with the commission of a felony, a
crime of moral turpitude, or any offense involving the sexual
molestation, physical or sexual abuse, or rape of a child. Except when a
teacher or school employee is suspended because of being charged by
summons, warrant, indictment or information with the commission of a felony or
a crime of moral turpitude, a division superintendent or appropriate central
office designee shall not suspend a teacher or school employee for
longer than sixty days and shall not suspend a teacher or school employee
for a period in excess of five days unless such teacher or school
employee is advised in writing of the reason for the suspension and
afforded an opportunity for a hearing before the school board in accordance
with §§ 22.1-311 and 22.1-313, if applicable. Any teacher
or other school employee so suspended shall continue to receive his or
her then applicable salary unless and until the school board, after a hearing,
determines otherwise. No teacher or school employee shall be suspended
solely on the basis of the teacher's his or her refusal to submit
to a polygraph examination requested by the school board.
B. Any teacher school employee suspended because of being charged
by summons, warrant, information or indictment with a felony, a crime of moral
turpitude or any offense involving the sexual molestation, physical or sexual
abuse, or rape of a child may be suspended with or without pay. In the event
a teacher any school employee is suspended without pay, an amount
equal to the teacher's his or her salary while on suspended
status shall be placed in an interest-bearing demand escrow account. Upon being
found not guilty of a crime of moral turpitude or any offense involving the
sexual molestation, physical or sexual abuse, or rape of a child or upon the
dismissal or nolle prosequi of the charge, such teacher school
employee shall be reinstated with all unpaid salary and accrued interest
from the escrow account, less any earnings received by the teacher
school employee during the period of suspension, but in no event
shall such payment exceed one year's salary.
C. In the event a teacher any school employee is found guilty by
an appropriate court of a felony, a crime of moral turpitude or any offense
involving the sexual molestation, physical or sexual abuse, or rape of a child
and, after all available appeals have been exhausted and such conviction is
upheld, all funds in the escrow account shall be repaid to the school board.
D. No teacher school employee shall have his or her insurance
benefits suspended or terminated because of such suspension in accordance with
this section.
E. Nothing in this section shall be construed to limit the authority of a school board to dismiss or place on probation a teacher or school employee pursuant to Article 3 (§ 22.1-306 et seq.) of this chapter.