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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.