{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/22.1-305.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/22.1-305.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/22.1-305.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/22.1-305.html"}],"law_id":64910,"edition_id":1,"section_id":64910,"structure_id":14223,"section_number":"22.1-305","catch_line":"Nonrenewal of contract of probationary teacher","history":"Code 1950, \u00a7 22-217.4:1; 1979, c. 98; 1980, c. 559; 1999, cc. 1030, 1037; 2013, cc. 588, 650.","full_text":"A\n\nBefore a division superintendent recommends to the school board nonrenewal of the contract of a teacher who has not achieved continuing contract status, the division superintendent shall consider, among other things, the performance evaluations for such teacher required by § 22.1-303 and shall notify the teacher of the proposed recommendation. Upon written request of the teacher within five working days after receipt of such notice, the division superintendent or his designee shall orally provide the specific reasons, if any, for such recommendation, along with supporting documentation, including such performance evaluations, to the teacher and, if requested by the teacher, to his or her representative. Within 10 days after receiving such reasons, the teacher may request, by notification in writing to the division superintendent, a conference before the division superintendent. Upon such request, the division superintendent shall set a date for the conference, which shall be within 30 days of the request, and shall give the teacher at least 15 days’ notice of the time and place of the conference.B\n\nThe conference shall be before the division superintendent or his designee. No such designee shall have recommended to the division superintendent the nonrenewal of the teacher’s contract. The teacher and the person or persons who recommended the nonrenewal of the teacher’s contract to the division superintendent, or a representative of either or both, shall be allowed to participate in the conference, but no such representative shall be an attorney.C\n\nIf the conference is before a designee of the division superintendent, the designee shall communicate his recommendations to the division superintendent and to the teacher.D\n\nThe division superintendent shall notify the teacher, in writing, of his intention with respect to the recommendation within 10 days after the conference.E\n\nIn any case in which a teacher requests reasons for the recommendation as provided in this section, written notice of nonrenewal of the contract by the school board must be given either within 10 days after the time for requesting a conference has expired and the teacher has not made a timely request for a conference or, if a conference is requested, within 30 days after the division superintendent notifies the teacher of his intention with respect to the recommendation and the provisions of § 22.1-304 requiring such notice on or before June 15 shall not be applicable.F\n\nThe conference shall be confidential and no written or oral communication of such conference shall be made to anyone other than the school board, in executive session, and employees of the school division having an interest therein; however, both the teacher and the division superintendent, upon request, may provide the reasons for the nonrenewal to a potential employer of the teacher.G\n\nThe provisions of this section shall be inapplicable when a decrease in enrollment or the abolition of a particular subject or reduction in the number of classes offered in a particular subject causes a reduction in the number of teachers; however, a statement to that effect shall be placed in the personnel file of each teacher whose contract is nonrenewed for any such reason.H\n\nThe intent of this section is to provide an opportunity for a probationary teacher to discuss the reasons for nonrenewal with the division superintendent or his designee, and the provisions of this section are meant to be procedural only. Nothing contained herein shall be taken to require cause, as defined in § 22.1-307, for the nonrenewal of the contract of a teacher who has not achieved continuing contract status nor shall the failure of the school board or the division superintendent to comply with any time requirement herein constitute a basis for continued employment of the teacher.","order_by":null,"text":{"0":{"id":236175,"text":"Before a division superintendent recommends to the school board nonrenewal of the contract of a teacher who has not achieved continuing contract status, the division superintendent shall consider, among other things, the performance evaluations for such teacher required by § 22.1-303 and shall notify the teacher of the proposed recommendation. Upon written request of the teacher within five working days after receipt of such notice, the division superintendent or his designee shall orally provide the specific reasons, if any, for such recommendation, along with supporting documentation, including such performance evaluations, to the teacher and, if requested by the teacher, to his or her representative. Within 10 days after receiving such reasons, the teacher may request, by notification in writing to the division superintendent, a conference before the division superintendent. Upon such request, the division superintendent shall set a date for the conference, which shall be within 30 days of the request, and shall give the teacher at least 15 days’ notice of the time and place of the conference.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":236176,"text":"The conference shall be before the division superintendent or his designee. No such designee shall have recommended to the division superintendent the nonrenewal of the teacher’s contract. The teacher and the person or persons who recommended the nonrenewal of the teacher’s contract to the division superintendent, or a representative of either or both, shall be allowed to participate in the conference, but no such representative shall be an attorney.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":236177,"text":"If the conference is before a designee of the division superintendent, the designee shall communicate his recommendations to the division superintendent and to the teacher.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":236178,"text":"The division superintendent shall notify the teacher, in writing, of his intention with respect to the recommendation within 10 days after the conference.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":236179,"text":"In any case in which a teacher requests reasons for the recommendation as provided in this section, written notice of nonrenewal of the contract by the school board must be given either within 10 days after the time for requesting a conference has expired and the teacher has not made a timely request for a conference or, if a conference is requested, within 30 days after the division superintendent notifies the teacher of his intention with respect to the recommendation and the provisions of § 22.1-304 requiring such notice on or before June 15 shall not be applicable.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":236180,"text":"The conference shall be confidential and no written or oral communication of such conference shall be made to anyone other than the school board, in executive session, and employees of the school division having an interest therein; however, both the teacher and the division superintendent, upon request, may provide the reasons for the nonrenewal to a potential employer of the teacher.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":236181,"text":"The provisions of this section shall be inapplicable when a decrease in enrollment or the abolition of a particular subject or reduction in the number of classes offered in a particular subject causes a reduction in the number of teachers; however, a statement to that effect shall be placed in the personnel file of each teacher whose contract is nonrenewed for any such reason.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"7":{"id":236182,"text":"The intent of this section is to provide an opportunity for a probationary teacher to discuss the reasons for nonrenewal with the division superintendent or his designee, and the provisions of this section are meant to be procedural only. Nothing contained herein shall be taken to require cause, as defined in § 22.1-307, for the nonrenewal of the contract of a teacher who has not achieved continuing contract status nor shall the failure of the school board or the division superintendent to comply with any time requirement herein constitute a basis for continued employment of the teacher.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G"}},"ancestry":[{"id":14223,"edition_id":1,"name":"Terms of Employment Generally","identifier":"2","label":"article","depth":3,"order_by":1,"parent_id":12824,"metadata":{},"date_created":"2026-06-26 03:47:21","date_modified":"2026-06-26 03:47:21","permalink":{"id":182951,"object_type":"structure","relational_id":14223,"identifier":"2","token":"22.1\/15\/2","url":"\/22.1\/15\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12824,"edition_id":1,"name":"Teachers, Officers and Employees","identifier":"15","label":"chapter","depth":2,"order_by":1,"parent_id":12823,"metadata":{},"date_created":"2026-06-26 03:43:55","date_modified":"2026-06-26 03:43:55","permalink":{"id":182871,"object_type":"structure","relational_id":12824,"identifier":"15","token":"22.1\/15","url":"\/22.1\/15\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12823,"edition_id":1,"name":"Education","identifier":"22.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:55","date_modified":"2026-06-26 03:43:55","permalink":{"id":180949,"object_type":"structure","relational_id":12823,"identifier":"22.1","token":"22.1","url":"\/22.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":64907,"structure_id":14223,"section_number":"22.1-293","catch_line":"School boards authorized to employ principals and assistant principals; 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effect of continuing contract; resignation of teacher; reduction in number of teachers","url":"\/22.1-304\/","token":"22.1\/15\/2\/22.1-304","metadata":false},"next_section":{"id":66269,"structure_id":14223,"section_number":"22.1-305.1","catch_line":"Mentor teacher programs","url":"\/22.1-305.1\/","token":"22.1\/15\/2\/22.1-305.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/22.1-305\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 4 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1979, chapter 98; in 1980, chapter 559; in 1999, chapters 1030<\/a> and 1037<\/a>; in 2013, chapters 588<\/a> and 650<\/a>.<\/p>","references":[{"id":55716,"section_number":"22.1-303","catch_line":"Probationary terms of service for teachers","order_by":null,"url":"\/22.1-303\/"},{"id":83664,"section_number":"22.1-304","catch_line":"Reemployment of teacher who has not achieved continuing contract status; effect of continuing contract; resignation of teacher; reduction in number of teachers","order_by":null,"url":"\/22.1-304\/"}],"refers_to":[{"id":55716,"section_number":"22.1-303","catch_line":"Probationary terms of service for teachers","order_by":null,"url":"\/22.1-303\/"},{"id":83664,"section_number":"22.1-304","catch_line":"Reemployment of teacher who has not achieved continuing contract status; effect of continuing contract; resignation of teacher; reduction in number of teachers","order_by":null,"url":"\/22.1-304\/"},{"id":72528,"section_number":"22.1-307","catch_line":"Dismissal of teacher; grounds","order_by":null,"url":"\/22.1-307\/"}],"permalink":{"id":183105,"object_type":"law","relational_id":64910,"identifier":"22.1-305","token":"22.1\/15\/2\/22.1-305","url":"\/22.1-305\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/22.1-305\/","token":"22.1\/15\/2\/22.1-305","dublin_core":{"Title":"Nonrenewal of contract of probationary teacher","Type":"Text","Format":"text\/html","Identifier":"\u00a7 22.1-305","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Before a division superintendent<\/span> recommends to the school board<\/span> nonrenewal of the contract<\/span> of a teacher who has not achieved continuing contract<\/span> status, the division superintendent<\/span> shall consider, among other things, the performance evaluations for such teacher required by § 22.1-303<\/a> and shall notify the teacher of the proposed recommendation. Upon written request of the teacher within five working days after receipt of such notice, the division superintendent<\/span> or his designee shall orally provide the specific reasons, if any, for such recommendation, along with supporting documentation, including such performance evaluations, to the teacher and, if requested by the teacher, to his or her representative. Within 10 days after receiving such reasons, the teacher may request, by notification in writing to the division superintendent<\/span>, a conference before the division superintendent<\/span>. Upon such request, the division superintendent<\/span> shall set a date for the conference, which shall be within 30 days of the request, and shall give the teacher at least 15 days’ notice of the time and place of the conference. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The conference shall be before the division superintendent<\/span> or his designee. No such designee shall have recommended to the division superintendent<\/span> the nonrenewal of the teacher’s contract<\/span>. The teacher and the person or persons who recommended the nonrenewal of the teacher’s contract<\/span> to the division superintendent<\/span>, or a representative of either or both, shall be allowed to participate in the conference, but no such representative shall be an attorney. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> If the conference is before a designee of the division superintendent<\/span>, the designee shall communicate his recommendations to the division superintendent<\/span> and to the teacher. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The division superintendent<\/span> shall notify the teacher, in writing, of his intention with respect to the recommendation within 10 days after the conference. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> In any case in which a teacher requests reasons for the recommendation as provided in this section, written notice of nonrenewal of the contract<\/span> by the school board<\/span> must be given either within 10 days after the time for requesting a conference has expired and the teacher has not made a timely request for a conference or, if a conference is requested, within 30 days after the division superintendent<\/span> notifies the teacher of his intention with respect to the recommendation and the provisions of § 22.1-304<\/a> requiring such notice on or before June 15 shall not be applicable. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> The conference shall be confidential and no written or oral communication of such conference shall be made to anyone other than the school board<\/span>, in executive session, and employees of the school division having an interest therein; however, both the teacher and the division superintendent<\/span>, upon request, may provide the reasons for the nonrenewal to a potential employer of the teacher. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> The provisions of this section shall be inapplicable when a decrease in enrollment or the abolition of a particular subject or reduction in the number of classes offered in a particular subject causes a reduction in the number of teachers; however, a statement to that effect shall be placed in the personnel file of each teacher whose contract<\/span> is nonrenewed for any such reason. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> The intent<\/span> of this section is to provide an opportunity for a probationary teacher to discuss the reasons for nonrenewal with the division superintendent<\/span> or his designee, and the provisions of this section are meant to be procedural only. Nothing contained herein shall be taken to require cause, as defined in § 22.1-307<\/a>, for the nonrenewal of the contract<\/span> of a teacher who has not achieved continuing contract<\/span> status nor shall the failure of the school board<\/span> or the division superintendent<\/span> to comply with any time requirement herein constitute a basis for continued employment of the teacher. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nNONRENEWAL OF CONTRACT OF PROBATIONARY TEACHER (\u00a7 22.1-305)\n\nA. Before a division superintendent recommends to the school board nonrenewal of\nthe contract of a teacher who has not achieved continuing contract status, the\ndivision superintendent shall consider, among other things, the performance\nevaluations for such teacher required by § 22.1-303 and shall notify the\nteacher of the proposed recommendation. Upon written request of the teacher\nwithin five working days after receipt of such notice, the division\nsuperintendent or his designee shall orally provide the specific reasons, if\nany, for such recommendation, along with supporting documentation, including\nsuch performance evaluations, to the teacher and, if requested by the teacher,\nto his or her representative. Within 10 days after receiving such reasons, the\nteacher may request, by notification in writing to the division superintendent,\na conference before the division superintendent. Upon such request, the division\nsuperintendent shall set a date for the conference, which shall be within 30\ndays of the request, and shall give the teacher at least 15 days’ notice\nof the time and place of the conference.\n\nB. The conference shall be before the division superintendent or his designee.\nNo such designee shall have recommended to the division superintendent the\nnonrenewal of the teacher’s contract. The teacher and the person or\npersons who recommended the nonrenewal of the teacher’s contract to the\ndivision superintendent, or a representative of either or both, shall be allowed\nto participate in the conference, but no such representative shall be an\nattorney.\n\nC. If the conference is before a designee of the division superintendent, the\ndesignee shall communicate his recommendations to the division superintendent\nand to the teacher.\n\nD. The division superintendent shall notify the teacher, in writing, of his\nintention with respect to the recommendation within 10 days after the\nconference.\n\nE. In any case in which a teacher requests reasons for the recommendation as\nprovided in this section, written notice of nonrenewal of the contract by the\nschool board must be given either within 10 days after the time for requesting a\nconference has expired and the teacher has not made a timely request for a\nconference or, if a conference is requested, within 30 days after the division\nsuperintendent notifies the teacher of his intention with respect to the\nrecommendation and the provisions of § 22.1-304 requiring such notice on or\nbefore June 15 shall not be applicable.\n\nF. The conference shall be confidential and no written or oral communication of\nsuch conference shall be made to anyone other than the school board, in\nexecutive session, and employees of the school division having an interest\ntherein; however, both the teacher and the division superintendent, upon\nrequest, may provide the reasons for the nonrenewal to a potential employer of\nthe teacher.\n\nG. The provisions of this section shall be inapplicable when a decrease in\nenrollment or the abolition of a particular subject or reduction in the number\nof classes offered in a particular subject causes a reduction in the number of\nteachers; however, a statement to that effect shall be placed in the personnel\nfile of each teacher whose contract is nonrenewed for any such reason.\n\nH. The intent of this section is to provide an opportunity for a probationary\nteacher to discuss the reasons for nonrenewal with the division superintendent\nor his designee, and the provisions of this section are meant to be procedural\nonly. Nothing contained herein shall be taken to require cause, as defined in\n§ 22.1-307, for the nonrenewal of the contract of a teacher who has not\nachieved continuing contract status nor shall the failure of the school board or\nthe division superintendent to comply with any time requirement herein\nconstitute a basis for continued employment of the teacher.\n\nHISTORY: Code 1950, \u00a7 22-217.4:1; 1979, c. 98; 1980, c. 559; 1999, cc. 1030,\n1037; 2013, cc. 588, 650.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}