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1997 SESSION
977681396Be it enacted by the General Assembly of Virginia:
1. That § 22.1-304 of the Code of Virginia is amended and reenacted as follows:
§ 22.1-304. Reemployment of teacher who has not achieved continuing contract status; effect of continuing contract; resignation of teacher; reduction in number of teachers.
If a teacher who has not achieved continuing 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 15May 1 of each year. If no such notice is given a
teacher by April 15May 1, the teacher shall be entitled
to a contract for the ensuing year in accordance with local salary stipulations
including increments.
Teachers employed after completing the probationary period shall be entitled to
continuing contracts during good behavior and competent service and prior to
the age at which they are eligible or required to retire except as hereinafter
provided. Written notice of noncontinuation of the contract by either party
must be given by April 15May 1 of each year; otherwise
the contract continues in effect for the ensuing year in conformity with local
salary stipulations including increments.
A teacher may resign after April 15May 1 of any school
year with the approval of the local school board or, upon authorization by the
school board, with the approval of the division superintendent. 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.
If the division superintendent has been authorized to approve resignations, a teacher may, within one week, withdraw a request to resign. Upon the expiration of the one-week period, the division superintendent shall notify the school board of his decision to accept or reject the resignation. The school board, within two weeks, may reverse the decision of the division superintendent.
In the event that the board or the division superintendent 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
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 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 contract status, because of decrease in enrollment or abolition of particular subjects.