{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/22.1-311.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/22.1-311.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/22.1-311.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/22.1-311.html"}],"law_id":71751,"edition_id":1,"section_id":71751,"structure_id":15538,"section_number":"22.1-311","catch_line":"Hearing before school board, hearing officer, or fact-finding panel","history":"Code 1950, \u00a7 22-217.7; 1968, c. 691; 1976, c. 282; 1980, c. 559; 2004, c. 1007; 2013, cc. 588, 650; 2020, c. 875.","full_text":"A\n\nUpon a timely request for a hearing pursuant to § 22.1-309, the school board or, at the option of the school board, a hearing officer appointed by the school board or a three-member fact-finding panel shall set a hearing and the teacher shall be given at least 10 days’ written notice of the time and the place. The hearing shall be private unless the teacher requests the hearing to be public. At the hearing the teacher may appear with or without a representative and be heard, presenting testimony of witnesses and other evidence. The school board may hear a recommendation for dismissal and make a determination whether to make a recommendation to the Board of Education regarding the teacher’s license at the same hearing or hold a separate hearing for each action.B\n\nEach school board may appoint an impartial hearing officer from outside the school division to conduct hearings pursuant to this section. A hearing officer shall not have been involved in the recommendation of dismissal as a witness or a representative. A hearing officer shall possess some knowledge and expertise in public education and education law and be capable of presiding over an administrative hearing. The hearing officer shall schedule and preside over such hearings and shall create a record or recording of such proceedings. The hearing officer shall make a written recommendation to the school board, a copy of which shall be provided to the teacher. The hearing officer shall transmit the recommendation and the record or recording of the hearing to the school board as soon as practicable and no more than 10 business days after the hearing. In the event of a hearing before a hearing officer, the school board may make its decision upon the record or recording of such hearing, pursuant to § 22.1-313, or the school board may elect to conduct a further hearing to receive additional evidence by giving written notice of the time and place to the teacher and the division superintendent within 10 business days after the board receives the record or recording of the initial hearing. Such notice shall also specify each matter to be inquired into by the school board.C\n\nEach school board may elect for a three-member fact-finding panel to conduct hearings pursuant to this section. The teacher and the division superintendent shall each select one panel member, and the two panel members so selected shall select an impartial hearing officer to serve as the chairman of the panel. The fact-finding panel shall schedule and preside over such hearings and shall create a record or recording of such proceedings. The fact-finding panel shall make a written recommendation to the school board, a copy of which shall be provided to the teacher. The fact-finding panel shall transmit the recommendation and the record or recording of the hearing to the school board as soon as practicable but in no case more than 10 business days after the hearing. In the event of a hearing before a fact-finding panel, the school board may make its decision upon the record or recording of such hearing, pursuant to § 22.1-313, or the school board may elect to conduct a further hearing to receive additional evidence by giving written notice of the time and place of the hearing to the teacher and the division superintendent within 10 business days after the board receives the record or recording of the initial hearing. Such notice shall also specify each matter to be inquired into by the school board.D\n\nA record or recording of any hearing conducted pursuant to this section shall be made. The parties shall share the cost of the recording equally. In proceedings concerning grievances not related to dismissal, the recording may be dispensed with entirely by mutual consent of the parties. In such proceedings, if the recording is not dispensed with, the two parties shall share the cost of the recording equally; if either party requests a transcript, that party shall bear the expense of its preparation. In cases of dismissal, the record or recording shall be preserved for a period of six months. If the school board requests that a transcript be made at any time prior to expiration of the six-month period, it shall be made and copies shall be furnished to both parties. The school board shall bear the cost of the transcription.E\n\nWitnesses who are employees of the school board shall be granted release time if the hearing is held during the school day. The hearing shall be held at the school in which most witnesses work, if feasible.","order_by":null,"text":{"0":{"id":258500,"text":"Upon a timely request for a hearing pursuant to § 22.1-309, the school board or, at the option of the school board, a hearing officer appointed by the school board or a three-member fact-finding panel shall set a hearing and the teacher shall be given at least 10 days’ written notice of the time and the place. The hearing shall be private unless the teacher requests the hearing to be public. At the hearing the teacher may appear with or without a representative and be heard, presenting testimony of witnesses and other evidence. The school board may hear a recommendation for dismissal and make a determination whether to make a recommendation to the Board of Education regarding the teacher’s license at the same hearing or hold a separate hearing for each action.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":258501,"text":"Each school board may appoint an impartial hearing officer from outside the school division to conduct hearings pursuant to this section. A hearing officer shall not have been involved in the recommendation of dismissal as a witness or a representative. A hearing officer shall possess some knowledge and expertise in public education and education law and be capable of presiding over an administrative hearing. The hearing officer shall schedule and preside over such hearings and shall create a record or recording of such proceedings. The hearing officer shall make a written recommendation to the school board, a copy of which shall be provided to the teacher. The hearing officer shall transmit the recommendation and the record or recording of the hearing to the school board as soon as practicable and no more than 10 business days after the hearing. In the event of a hearing before a hearing officer, the school board may make its decision upon the record or recording of such hearing, pursuant to § 22.1-313, or the school board may elect to conduct a further hearing to receive additional evidence by giving written notice of the time and place to the teacher and the division superintendent within 10 business days after the board receives the record or recording of the initial hearing. Such notice shall also specify each matter to be inquired into by the school board.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":258502,"text":"Each school board may elect for a three-member fact-finding panel to conduct hearings pursuant to this section. The teacher and the division superintendent shall each select one panel member, and the two panel members so selected shall select an impartial hearing officer to serve as the chairman of the panel. The fact-finding panel shall schedule and preside over such hearings and shall create a record or recording of such proceedings. The fact-finding panel shall make a written recommendation to the school board, a copy of which shall be provided to the teacher. The fact-finding panel shall transmit the recommendation and the record or recording of the hearing to the school board as soon as practicable but in no case more than 10 business days after the hearing. In the event of a hearing before a fact-finding panel, the school board may make its decision upon the record or recording of such hearing, pursuant to § 22.1-313, or the school board may elect to conduct a further hearing to receive additional evidence by giving written notice of the time and place of the hearing to the teacher and the division superintendent within 10 business days after the board receives the record or recording of the initial hearing. Such notice shall also specify each matter to be inquired into by the school board.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":258503,"text":"A record or recording of any hearing conducted pursuant to this section shall be made. The parties shall share the cost of the recording equally. In proceedings concerning grievances not related to dismissal, the recording may be dispensed with entirely by mutual consent of the parties. In such proceedings, if the recording is not dispensed with, the two parties shall share the cost of the recording equally; if either party requests a transcript, that party shall bear the expense of its preparation. In cases of dismissal, the record or recording shall be preserved for a period of six months. If the school board requests that a transcript be made at any time prior to expiration of the six-month period, it shall be made and copies shall be furnished to both parties. The school board shall bear the cost of the transcription.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":258504,"text":"Witnesses who are employees of the school board shall be granted release time if the hearing is held during the school day. The hearing shall be held at the school in which most witnesses work, if feasible.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/22.1-311\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 6 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 1976, chapter 282; in 1980, chapter 559; in 2004, chapter 1007<\/a>; in 2013, chapters 588<\/a> and 650<\/a>; in 2020, chapter 875<\/a>.<\/p>","references":[{"id":71070,"section_number":"2.2-507","catch_line":"Legal service in civil matters","order_by":null,"url":"\/2.2-507\/"},{"id":75012,"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","order_by":null,"url":"\/22.1-309\/"},{"id":58613,"section_number":"22.1-315","catch_line":"Grounds and procedure for suspension","order_by":null,"url":"\/22.1-315\/"}],"refers_to":[{"id":75012,"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","order_by":null,"url":"\/22.1-309\/"},{"id":78390,"section_number":"22.1-313","catch_line":"Decision of school board; generally","order_by":null,"url":"\/22.1-313\/"}],"permalink":{"id":183141,"object_type":"law","relational_id":71751,"identifier":"22.1-311","token":"22.1\/15\/3\/22.1-311","url":"\/22.1-311\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/22.1-311\/","token":"22.1\/15\/3\/22.1-311","dublin_core":{"Title":"Hearing before school board, hearing officer, or fact-finding panel","Type":"Text","Format":"text\/html","Identifier":"\u00a7 22.1-311","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Upon a timely request for a hearing<\/span> pursuant to § 22.1-309<\/a>, the school board<\/span> or, at the option of the school board<\/span>, a hearing<\/span> officer appointed by the school board<\/span> or a three-member fact<\/span>-finding<\/span> panel<\/span> shall set a hearing<\/span> and the teacher shall be given at least 10 days<\/span>’ written notice of the time and the place. The hearing<\/span> shall be private unless the teacher requests the hearing<\/span> to be public. At the hearing<\/span> the teacher may appear with or without a representative and be heard, presenting testimony<\/span> of witnesses and other evidence<\/span>. The school board<\/span> may hear a recommendation for dismissal<\/span> and make a determination whether to make a recommendation to the Board of Education regarding the teacher’s license at the same hearing<\/span> or hold a separate hearing<\/span> for each action. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Each school board<\/span> may appoint an impartial hearing<\/span> officer from outside the school division to conduct hearings<\/span> pursuant to this section. A hearing<\/span> officer shall not have been involved in the recommendation of dismissal<\/span> as a witness<\/span> or a representative. A hearing<\/span> officer shall possess some knowledge and expertise in public education and education law<\/span> and be capable of presiding over an administrative hearing<\/span>. The hearing<\/span> officer shall schedule and preside over such hearings<\/span> and shall create a record or recording of such proceedings. The hearing<\/span> officer shall make a written recommendation to the school board<\/span>, a copy of which shall be provided to the teacher. The hearing<\/span> officer shall transmit the recommendation and the record or recording of the hearing<\/span> to the school board<\/span> as soon as practicable and no more than 10 business days<\/span> after the hearing<\/span>. In the event of a hearing<\/span> before a hearing<\/span> officer, the school board<\/span> may make its decision upon the record or recording of such hearing<\/span>, pursuant to § 22.1-313<\/a>, or the school board<\/span> may elect to conduct a further hearing<\/span> to receive additional evidence<\/span> by giving written notice of the time and place to the teacher and the division superintendent<\/span> within 10 business days<\/span> after the board receives the record or recording of the initial hearing<\/span>. Such notice shall also specify each matter to be inquired into by the school board<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Each school board<\/span> may elect for a three-member fact<\/span>-finding<\/span> panel<\/span> to conduct hearings<\/span> pursuant to this section. The teacher and the division superintendent<\/span> shall each select one panel<\/span> member, and the two panel<\/span> members so selected shall select an impartial hearing<\/span> officer to serve as the chairman of the panel<\/span>. The fact<\/span>-finding<\/span> panel<\/span> shall schedule and preside over such hearings<\/span> and shall create a record or recording of such proceedings. The fact<\/span>-finding<\/span> panel<\/span> shall make a written recommendation to the school board<\/span>, a copy of which shall be provided to the teacher. The fact<\/span>-finding<\/span> panel<\/span> shall transmit the recommendation and the record or recording of the hearing<\/span> to the school board<\/span> as soon as practicable but in no case more than 10 business days<\/span> after the hearing<\/span>. In the event of a hearing<\/span> before a fact<\/span>-finding<\/span> panel<\/span>, the school board<\/span> may make its decision upon the record or recording of such hearing<\/span>, pursuant to § 22.1-313<\/a>, or the school board<\/span> may elect to conduct a further hearing<\/span> to receive additional evidence<\/span> by giving written notice of the time and place of the hearing<\/span> to the teacher and the division superintendent<\/span> within 10 business days<\/span> after the board receives the record or recording of the initial hearing<\/span>. Such notice shall also specify each matter to be inquired into by the school board<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> A record or recording of any hearing<\/span> conducted pursuant to this section shall be made. The parties shall share the cost of the recording equally. In proceedings concerning grievances<\/span> not related to dismissal<\/span>, the recording may be dispensed with entirely by mutual consent of the parties. In such proceedings, if the recording is not dispensed with, the two parties shall share the cost of the recording equally; if either party<\/span> requests a transcript<\/span>, that party<\/span> shall bear the expense of its preparation. In cases of dismissal<\/span>, the record or recording shall be preserved for a period of six months. If the school board<\/span> requests that a transcript<\/span> be made at any time prior to expiration of the six-month period, it shall be made and copies shall be furnished to both parties. The school board<\/span> shall bear the cost of the transcription. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Witnesses who are employees of the school board<\/span> shall be granted release time if the hearing<\/span> is held during the school day<\/span>. The hearing<\/span> shall be held at the school in which most witnesses work, if feasible. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nHEARING BEFORE SCHOOL BOARD, HEARING OFFICER, OR FACT-FINDING PANEL (\u00a7\n22.1-311)\n\nA. Upon a timely request for a hearing pursuant to § 22.1-309, the school\nboard or, at the option of the school board, a hearing officer appointed by the\nschool board or a three-member fact-finding panel shall set a hearing and the\nteacher shall be given at least 10 days’ written notice of the time and\nthe place. The hearing shall be private unless the teacher requests the hearing\nto be public. At the hearing the teacher may appear with or without a\nrepresentative and be heard, presenting testimony of witnesses and other\nevidence. The school board may hear a recommendation for dismissal and make a\ndetermination whether to make a recommendation to the Board of Education\nregarding the teacher’s license at the same hearing or hold a separate\nhearing for each action.\n\nB. Each school board may appoint an impartial hearing officer from outside the\nschool division to conduct hearings pursuant to this section. A hearing officer\nshall not have been involved in the recommendation of dismissal as a witness or\na representative. A hearing officer shall possess some knowledge and expertise\nin public education and education law and be capable of presiding over an\nadministrative hearing. The hearing officer shall schedule and preside over such\nhearings and shall create a record or recording of such proceedings. The hearing\nofficer shall make a written recommendation to the school board, a copy of which\nshall be provided to the teacher. The hearing officer shall transmit the\nrecommendation and the record or recording of the hearing to the school board as\nsoon as practicable and no more than 10 business days after the hearing. In the\nevent of a hearing before a hearing officer, the school board may make its\ndecision upon the record or recording of such hearing, pursuant to §\n22.1-313, or the school board may elect to conduct a further hearing to receive\nadditional evidence by giving written notice of the time and place to the\nteacher and the division superintendent within 10 business days after the board\nreceives the record or recording of the initial hearing. Such notice shall also\nspecify each matter to be inquired into by the school board.\n\nC. Each school board may elect for a three-member fact-finding panel to conduct\nhearings pursuant to this section. The teacher and the division superintendent\nshall each select one panel member, and the two panel members so selected shall\nselect an impartial hearing officer to serve as the chairman of the panel. The\nfact-finding panel shall schedule and preside over such hearings and shall\ncreate a record or recording of such proceedings. The fact-finding panel shall\nmake a written recommendation to the school board, a copy of which shall be\nprovided to the teacher. The fact-finding panel shall transmit the\nrecommendation and the record or recording of the hearing to the school board as\nsoon as practicable but in no case more than 10 business days after the hearing.\nIn the event of a hearing before a fact-finding panel, the school board may make\nits decision upon the record or recording of such hearing, pursuant to §\n22.1-313, or the school board may elect to conduct a further hearing to receive\nadditional evidence by giving written notice of the time and place of the\nhearing to the teacher and the division superintendent within 10 business days\nafter the board receives the record or recording of the initial hearing. Such\nnotice shall also specify each matter to be inquired into by the school board.\n\nD. A record or recording of any hearing conducted pursuant to this section shall\nbe made. The parties shall share the cost of the recording equally. In\nproceedings concerning grievances not related to dismissal, the recording may be\ndispensed with entirely by mutual consent of the parties. In such proceedings,\nif the recording is not dispensed with, the two parties shall share the cost of\nthe recording equally; if either party requests a transcript, that party shall\nbear the expense of its preparation. In cases of dismissal, the record or\nrecording shall be preserved for a period of six months. If the school board\nrequests that a transcript be made at any time prior to expiration of the\nsix-month period, it shall be made and copies shall be furnished to both\nparties. The school board shall bear the cost of the transcription.\n\nE. Witnesses who are employees of the school board shall be granted release time\nif the hearing is held during the school day. The hearing shall be held at the\nschool in which most witnesses work, if feasible.\n\nHISTORY: Code 1950, \u00a7 22-217.7; 1968, c. 691; 1976, c. 282; 1980, c. 559; 2004,\nc. 1007; 2013, cc. 588, 650; 2020, c. 875.","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}}