As used in this article, unless the context requires a different meaning:
"Business day" means any day that the relevant school board office is open.
"Day" means calendar days unless a different meaning is clearly expressed in this article. Whenever the last day for performing an act required by this article falls on a Saturday, Sunday, or legal holiday, the act may be performed on the next day that is not a Saturday, Sunday, or legal holiday.
"Dismissal" means the dismissal of any teacher during the term of such teacher's contract.
"Grievance" means a complaint or dispute by a teacher relating to his employment, including (i) disciplinary action including dismissal; (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, religion, political affiliation, disability, age, national origin, sex, pregnancy, childbirth or related medical conditions, marital status, sexual orientation, gender identity, or military status. 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 (a) establishment and revision of wages or salaries, position classifications, or general benefits; (b) suspension of a teacher or nonrenewal of the contract of a teacher who has not achieved continuing contract status; (c) the establishment or contents of ordinances, statutes, or personnel policies, procedures, rules, and regulations; (d) failure to promote; (e) discharge, layoff, or suspension from duties because of decrease in enrollment, decrease in enrollment or abolition of a particular subject, or insufficient funding; (f) hiring, transfer, assignment, and retention of teachers within the school division; (g) suspension from duties in emergencies; (h) the methods, means, and personnel by which the school division's operations are to be carried on; or (i) coaching or extracurricular activity sponsorship.
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.
"Military status" means status as (i) a member of the uniformed forces, as defined in 10 U.S.C. § 101(a)(5), of the United States or a reserve component thereof named under 10 U.S.C. § 10101, (ii) a veteran as defined in 38 U.S.C. § 101(2), or (iii) a dependent as defined in 50 U.S.C. § 3911(4) except that the support provided by the service member to the individual shall have been provided 180 days immediately preceding an alleged action that if proven true would constitute unlawful discrimination under this section instead of 180 days immediately preceding an application for relief under 50 U.S.C. Chapter 50.
"Religion" includes any outward expression of religious faith, including adherence to religious dressing and grooming practices and the carrying or display of religious items or symbols.
Code 1950, § 22-217.5:1; 1979, c. 298; 1980, c. 559; 1981, c. 646; 1992, c. 679; 2013, cc. 588, 650; 2020, cc. 1137, 1140; 2021, Sp. Sess. I, cc. 477, 478; 2022, c. 799.
Structure Code of Virginia
Chapter 15 - Teachers, Officers and Employees
§ 22.1-289.1. Teacher compensation; biennial review required
§ 22.1-289.2. Compensation of public school employees called to active duty military service
§ 22.1-290. Board authorized to award teaching scholarship loans
§ 22.1-290.02. Traineeships for education of special education personnel
§ 22.1-290.1. Clinical faculty programs
§ 22.1-290.2. Teacher, other instructional personnel, and support staff shortages; data
§ 22.1-291.1. Planning time for school teachers
§ 22.1-291.1:1. School counselors; staff time
§ 22.1-291.3. Notice of duty to report child abuse or neglect
§ 22.1-291.4. Bullying and abusive work environments prohibited
§ 22.1-292. Penalties on officers and teachers
§ 22.1-292.1. Violations related to secure mandatory tests
§ 22.1-295. Employment of teachers
§ 22.1-295.2. Employment discrimination prohibited
§ 22.1-296.1. Data on convictions for certain crimes and child abuse and neglect required; penalty
§ 22.1-296.2. Fingerprinting required; reciprocity permitted
§ 22.1-296.3. Certain private school employees subject to fingerprinting and criminal records checks
§ 22.1-296.4. Child abuse and neglect data required
§ 22.1-297. Assignment of teachers, principals and assistant principals by superintendent
§ 22.1-298.2. Regulations governing education preparation programs
§ 22.1-298.3. Students with autism spectrum disorders; training required of personnel
§ 22.1-298.4. Teacher preparation programs; learning disabilities
§ 22.1-298.6. Mental health awareness training
§ 22.1-298.7. Teachers and other licensed school board employees; cultural competency training
§ 22.1-299. License required of teachers; provisional licenses; exceptions
§ 22.1-299.2. National Teacher Certification Incentive Reward Program and Fund
§ 22.1-299.4. Teach for America license
§ 22.1-299.5. Waiver of teacher licensure requirements; trade and industrial education programs
§ 22.1-299.6. Career and technical education; three-year licenses
§ 22.1-299.7. Microcredential program; certain STEM subjects
§ 22.1-300. Tuberculosis certificate
§ 22.1-301. Costs of medical examinations and of furnishing medical records
§ 22.1-303. Probationary terms of service for teachers
§ 22.1-303.1. Immunity from civil liability for certain individuals
§ 22.1-305. Nonrenewal of contract of probationary teacher
§ 22.1-305.1. Mentor teacher programs
§ 22.1-305.2. Advisory Board on Teacher Education and Licensure
§ 22.1-307. Dismissal of teacher; grounds
§ 22.1-308. Grievance procedure
§ 22.1-311. Hearing before school board, hearing officer, or fact-finding panel
§ 22.1-313. Decision of school board; generally
§ 22.1-314. Decision of school board; issue of grievability; appeal
§ 22.1-315. Grounds and procedure for suspension
§ 22.1-316. Agreement entered into and enacted into law; form of agreement
§ 22.1-317. Superintendent of Public Instruction to be "designated state official."
§ 22.1-318. Filing and publication of contracts made pursuant to Agreement