A. The school board shall retain its exclusive final authority over matters concerning employment and supervision of its personnel, including dismissals and suspensions.
B. In the case of a hearing before the school board, the school board shall give the teacher its written decision as soon as practicable but in no case more than 30 days after the hearing.
C. In the case of a hearing before a hearing officer appointed by the school board or a three-member fact-finding panel, the school board shall give the teacher its written decision as soon as practicable but in no case more than 30 days after receiving the record or recording of the hearing; however, should there be a further hearing before the school board, such decision shall be furnished the teacher as soon as practicable but in no case more than 30 days after such further hearing.
D. A teacher may be dismissed or suspended by a majority of a quorum of the school board.
E. The school board's attorney, assistants, or representative, if he or they represented a participant in the prior proceedings, the grievant, the grievant's attorney or representative, and notwithstanding the provisions of § 22.1-69, the superintendent shall be excluded from any executive session of the school board which has as its purpose reaching a decision on a grievance. However, immediately after a decision has been made and publicly announced, as in favor of or not in favor of the grievant, the school board's attorney or representative and the superintendent may join the school board in executive session to assist in the writing of the decision.
F. In those instances when licensed personnel are dismissed or resign due to a conviction of any felony, any offense involving the sexual molestation, physical or sexual abuse or rape of a child, any offense involving drugs, or due to having become the subject of a founded case of child abuse or neglect, the local school board shall notify the Board of Education within 10 business days of such dismissal or the acceptance of such resignation.
Code 1950, § 22-217.8; 1968, c. 691; 1974, c. 18; 1979, c. 298; 1980, c. 559; 1983, c. 327; 1992, c. 679; 2003, c. 187; 2008, cc. 474, 827; 2013, cc. 588, 650; 2020, c. 875.
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