{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/22.1-309.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/22.1-309.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/22.1-309.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/22.1-309.html"}],"law_id":75012,"edition_id":1,"section_id":75012,"structure_id":15538,"section_number":"22.1-309","catch_line":"Notice to teacher of recommendation of dismissal; school board not to consider merits during notice; superintendent required to provide reasons for recommendation upon request","history":"Code 1950, \u00a7 22-217.6; 1968, c. 691; 1975, c. 308; 1979, c. 298; 1980, c. 559; 1985, c. 441; 1992, c. 679; 2013, cc. 588, 650; 2014, cc. 13, 103.","full_text":"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 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 \u00a7 22.1-311. During such 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 \u00a7 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.\n\t\tFor 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.","order_by":null,"text":{"0":{"id":269448,"text":"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 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 \u00a7 22.1-311. During such 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 \u00a7 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.\n\t\tFor 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.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":15538,"edition_id":1,"name":"Grievances; Dismissal, Etc., of Teachers","identifier":"3","label":"article","depth":3,"order_by":1,"parent_id":12824,"metadata":{},"date_created":"2026-06-26 03:56:08","date_modified":"2026-06-26 03:56:08","permalink":{"id":183119,"object_type":"structure","relational_id":15538,"identifier":"3","token":"22.1\/15\/3","url":"\/22.1\/15\/3\/","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":74295,"structure_id":15538,"section_number":"22.1-306","catch_line":"Definitions","url":"\/22.1-306\/","token":"22.1\/15\/3\/22.1-306","metadata":false},{"id":72528,"structure_id":15538,"section_number":"22.1-307","catch_line":"Dismissal of teacher; grounds","url":"\/22.1-307\/","token":"22.1\/15\/3\/22.1-307","metadata":false},{"id":61195,"structure_id":15538,"section_number":"22.1-308","catch_line":"Grievance procedure","url":"\/22.1-308\/","token":"22.1\/15\/3\/22.1-308","metadata":false},{"id":75012,"structure_id":15538,"section_number":"22.1-309","catch_line":"Notice to teacher of recommendation of dismissal; school board not to consider merits during notice; superintendent required to provide reasons for recommendation upon request","url":"\/22.1-309\/","token":"22.1\/15\/3\/22.1-309","metadata":false},{"id":59269,"structure_id":15538,"section_number":"22.1-310","catch_line":"Repealed","url":"\/22.1-310\/","token":"22.1\/15\/3\/22.1-310","metadata":false},{"id":71751,"structure_id":15538,"section_number":"22.1-311","catch_line":"Hearing before school board, hearing officer, or fact-finding panel","url":"\/22.1-311\/","token":"22.1\/15\/3\/22.1-311","metadata":false},{"id":68934,"structure_id":15538,"section_number":"22.1-312","catch_line":"Repealed","url":"\/22.1-312\/","token":"22.1\/15\/3\/22.1-312","metadata":false},{"id":78390,"structure_id":15538,"section_number":"22.1-313","catch_line":"Decision of school board; generally","url":"\/22.1-313\/","token":"22.1\/15\/3\/22.1-313","metadata":false},{"id":64437,"structure_id":15538,"section_number":"22.1-314","catch_line":"Decision of school board; issue of grievability; appeal","url":"\/22.1-314\/","token":"22.1\/15\/3\/22.1-314","metadata":false}],"previous_section":{"id":61195,"structure_id":15538,"section_number":"22.1-308","catch_line":"Grievance procedure","url":"\/22.1-308\/","token":"22.1\/15\/3\/22.1-308","metadata":false},"next_section":{"id":59269,"structure_id":15538,"section_number":"22.1-310","catch_line":"Repealed","url":"\/22.1-310\/","token":"22.1\/15\/3\/22.1-310","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/22.1-309\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 8 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 1968, chapter 691; in 1975, chapter 308; in 1979, chapter 298; in 1980, chapter 559; in 1985, chapter 441; in 1992, chapter 679; in 2013, chapters 588<\/a> and 650<\/a>; in 2014, chapters 13<\/a> and 103<\/a>.<\/p>","references":[{"id":61195,"section_number":"22.1-308","catch_line":"Grievance procedure","order_by":null,"url":"\/22.1-308\/"},{"id":71751,"section_number":"22.1-311","catch_line":"Hearing before school board, hearing officer, or fact-finding panel","order_by":null,"url":"\/22.1-311\/"}],"refers_to":[{"id":71751,"section_number":"22.1-311","catch_line":"Hearing before school board, hearing officer, or fact-finding panel","order_by":null,"url":"\/22.1-311\/"}],"permalink":{"id":183133,"object_type":"law","relational_id":75012,"identifier":"22.1-309","token":"22.1\/15\/3\/22.1-309","url":"\/22.1-309\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/22.1-309\/","token":"22.1\/15\/3\/22.1-309","dublin_core":{"Title":"Notice to teacher of recommendation of dismissal; school board not to consider merits during notice; superintendent required to provide reasons for recommendation upon request","Type":"Text","Format":"text\/html","Identifier":"\u00a7 22.1-309","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

In the event a division superintendent<\/span> determines to recommend dismissal<\/span> of any teacher, written notice shall be sent to the teacher notifying him of the proposed dismissal<\/span> and informing him that within 10 business days<\/span> after receiving the notice the teacher may request a hearing<\/span> before the school board<\/span> or, at the option of the local school board<\/span>, a hearing<\/span> officer appointed by the school board<\/span> as provided in \u00a7 22.1-311<\/a>. During such 10-business-day<\/span> period and thereafter until a hearing<\/span> 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<\/span> shall not be considered, discussed or acted upon by the school board<\/span> except as provided for in this section. At the request of the teacher, the division superintendent<\/span> 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<\/span> pursuant to \u00a7 22.1-311<\/a>, the division superintendent<\/span> shall provide, within 10 days of the request, the teacher or his representative with the opportunity to inspect and copy his personnel file<\/span> and all other documents relied upon in reaching the decision to recommend dismissal<\/span>. Within 10 days of the request of the division superintendent<\/span>, the teacher or his representative shall provide the division superintendent<\/span> with the opportunity to inspect and copy the documents to be offered in rebuttal<\/span> to the decision to recommend dismissal<\/span>. The division superintendent<\/span> 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<\/span>.\n\t\tFor the purposes of this section, “personnel file<\/span>” 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.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nNOTICE TO TEACHER OF RECOMMENDATION OF DISMISSAL; SCHOOL BOARD NOT TO CONSIDER\nMERITS DURING NOTICE; SUPERINTENDENT REQUIRED TO PROVIDE REASONS FOR\nRECOMMENDATION UPON REQUEST (\u00a7 22.1-309)\n\nIn the event a division superintendent determines to recommend dismissal of any\nteacher, written notice shall be sent to the teacher notifying him of the\nproposed dismissal and informing him that within 10 business days after\nreceiving the notice the teacher may request a hearing before the school board\nor, at the option of the local school board, a hearing officer appointed by the\nschool board as provided in \u00a7 22.1-311. During such 10-business-day period and\nthereafter until a hearing is held in accordance with the provisions of this\nsection, if one is requested by the teacher, the merits of the recommendation of\nthe division superintendent shall not be considered, discussed or acted upon by\nthe school board except as provided for in this section. At the request of the\nteacher, the division superintendent shall provide the reasons for the\nrecommendation in writing or, if the teacher prefers, in a personal interview.\nIn the event a teacher requests a hearing pursuant to \u00a7 22.1-311, the division\nsuperintendent shall provide, within 10 days of the request, the teacher or his\nrepresentative with the opportunity to inspect and copy his personnel file and\nall other documents relied upon in reaching the decision to recommend dismissal.\nWithin 10 days of the request of the division superintendent, the teacher or his\nrepresentative shall provide the division superintendent with the opportunity to\ninspect and copy the documents to be offered in rebuttal to the decision to\nrecommend dismissal. The division superintendent and the teacher or his\nrepresentative shall be under a continuing duty to disclose and produce any\nadditional documents identified later which may be used in the respective\nparties’ cases-in-chief. The cost of copying such documents shall be paid\nby the requesting party.\n\t\tFor the purposes of this section, “personnel file” means any and\nall memoranda, entries, or other documents included in the teacher’s file\nas maintained in the central school administration office or in any file on the\nteacher maintained within a school in which the teacher serves.\n\nHISTORY: Code 1950, \u00a7 22-217.6; 1968, c. 691; 1975, c. 308; 1979, c. 298; 1980,\nc. 559; 1985, c. 441; 1992, c. 679; 2013, cc. 588, 650; 2014, cc. 13, 103.","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}}