{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/22.1-314.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/22.1-314.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/22.1-314.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/22.1-314.html"}],"law_id":64437,"edition_id":1,"section_id":64437,"structure_id":15538,"section_number":"22.1-314","catch_line":"Decision of school board; issue of grievability; appeal","history":"Code 1950, \u00a7 22-217.8:01; 1979, c. 298; 1980, c. 559; 1987, c. 97; 2003, c. 187; 2013, cc. 588, 650.","full_text":"Decisions regarding whether or not a matter is grievable shall be made by the school board at the request of the school division administration or grievant and such decision shall be made within 10 business days of such request. The school board shall reach its decision only after allowing the school division administration and the grievant opportunity to present written or oral arguments regarding grievability. The decision as to whether the arguments shall be written or oral shall be in the discretion of the school board. Decisions of the school board may be appealed to the circuit court having jurisdiction in the school division for a hearing on the issue of grievability.\n\t\tProceedings for review of the decision of the school board shall be instituted by filing a notice of appeal with the school board within 10 business days after the date of the decision and giving a copy thereof to all other parties. Within 10 business days thereafter, the school board shall transmit to the clerk of the court to which the appeal is taken a copy of its decision, a copy of the notice of appeal, and the exhibits. The failure of the school board to transmit the record within the time allowed shall not prejudice the rights of the grievant. The court, on motion of the grievant, may issue a writ of certiorari requiring the school board to transmit the record on or before a certain date. Within 10 business days of receipt by the clerk of such record, the court, sitting without a jury, shall hear the appeal on the record transmitted by the school board and such additional evidence as may be necessary to resolve any controversy as to the correctness of the record. The court, in its discretion, may receive such other evidence as the ends of justice require. The court may affirm the decision of the school board or may reverse or modify the decision. The decision of the court shall be rendered no later than the fifteenth day from the date of the conclusion of the hearing. Such determination of grievability shall be made subsequent to the reduction of the grievance to writing but prior to any hearing or the right to such determination shall be deemed to have been waived.","order_by":null,"text":{"0":{"id":234486,"text":"Decisions regarding whether or not a matter is grievable shall be made by the school board at the request of the school division administration or grievant and such decision shall be made within 10 business days of such request. The school board shall reach its decision only after allowing the school division administration and the grievant opportunity to present written or oral arguments regarding grievability. The decision as to whether the arguments shall be written or oral shall be in the discretion of the school board. Decisions of the school board may be appealed to the circuit court having jurisdiction in the school division for a hearing on the issue of grievability.\n\t\tProceedings for review of the decision of the school board shall be instituted by filing a notice of appeal with the school board within 10 business days after the date of the decision and giving a copy thereof to all other parties. Within 10 business days thereafter, the school board shall transmit to the clerk of the court to which the appeal is taken a copy of its decision, a copy of the notice of appeal, and the exhibits. The failure of the school board to transmit the record within the time allowed shall not prejudice the rights of the grievant. The court, on motion of the grievant, may issue a writ of certiorari requiring the school board to transmit the record on or before a certain date. Within 10 business days of receipt by the clerk of such record, the court, sitting without a jury, shall hear the appeal on the record transmitted by the school board and such additional evidence as may be necessary to resolve any controversy as to the correctness of the record. The court, in its discretion, may receive such other evidence as the ends of justice require. The court may affirm the decision of the school board or may reverse or modify the decision. The decision of the court shall be rendered no later than the fifteenth day from the date of the conclusion of the hearing. Such determination of grievability shall be made subsequent to the reduction of the grievance to writing but prior to any hearing or the right to such determination shall be deemed to have been waived.","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":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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/22.1-314\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 5 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 298; in 1980, chapter 559; in 1987, chapter 97; in 2003, chapter 187<\/a>; in 2013, chapters 588<\/a> and 650<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":183153,"object_type":"law","relational_id":64437,"identifier":"22.1-314","token":"22.1\/15\/3\/22.1-314","url":"\/22.1-314\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/22.1-314\/","token":"22.1\/15\/3\/22.1-314","dublin_core":{"Title":"Decision of school board; issue of grievability; appeal","Type":"Text","Format":"text\/html","Identifier":"\u00a7 22.1-314","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

Decisions regarding whether or not a matter is grievable shall be made by the school board<\/span> at the request of the school division administration or grievant and such decision shall be made within 10 business days<\/span> of such request. The school board<\/span> shall reach its decision only after allowing the school division administration and the grievant opportunity to present written or oral arguments<\/span> regarding grievability. The decision as to whether the arguments shall be written or oral shall be in the discretion of the school board<\/span>. Decisions of the school board<\/span> may be appealed to the circuit<\/span> court<\/span> having jurisdiction<\/span> in the school division for a hearing<\/span> on the issue<\/span> of grievability.\n\t\tProceedings for review of the decision of the school board<\/span> shall be instituted by filing a notice of appeal<\/span> with the school board<\/span> within 10 business days<\/span> after the date of the decision and giving a copy thereof to all other parties. Within 10 business days<\/span> thereafter, the school board<\/span> shall transmit to the clerk of the court<\/span> to which the appeal is taken a copy of its decision, a copy of the notice of appeal<\/span>, and the exhibits. The failure of the school board<\/span> to transmit the record within the time allowed shall not prejudice the rights of the grievant. The court<\/span>, on motion<\/span> of the grievant, may issue<\/span> a writ of certiorari<\/span> requiring the school board<\/span> to transmit the record on or before a certain date. Within 10 business days<\/span> of receipt by the clerk of such record, the court<\/span>, sitting without a jury<\/span>, shall hear the appeal on the record transmitted by the school board<\/span> and such additional evidence<\/span> as may be necessary to resolve any controversy as to the correctness of the record. The court<\/span>, in its discretion, may receive such other evidence<\/span> as the ends of justice require. The court<\/span> may affirm<\/span> the decision of the school board<\/span> or may reverse<\/span> or modify the decision. The decision of the court<\/span> shall be rendered no later than the fifteenth day<\/span> from the date of the conclusion of the hearing<\/span>. Such determination of grievability shall be made subsequent to the reduction of the grievance<\/span> to writing but prior to any hearing<\/span> or the right to such determination shall be deemed to have been waived.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDECISION OF SCHOOL BOARD; ISSUE OF GRIEVABILITY; APPEAL (\u00a7 22.1-314)\n\nDecisions regarding whether or not a matter is grievable shall be made by the\nschool board at the request of the school division administration or grievant\nand such decision shall be made within 10 business days of such request. The\nschool board shall reach its decision only after allowing the school division\nadministration and the grievant opportunity to present written or oral arguments\nregarding grievability. The decision as to whether the arguments shall be\nwritten or oral shall be in the discretion of the school board. Decisions of the\nschool board may be appealed to the circuit court having jurisdiction in the\nschool division for a hearing on the issue of grievability.\n\t\tProceedings for review of the decision of the school board shall be instituted\nby filing a notice of appeal with the school board within 10 business days after\nthe date of the decision and giving a copy thereof to all other parties. Within\n10 business days thereafter, the school board shall transmit to the clerk of the\ncourt to which the appeal is taken a copy of its decision, a copy of the notice\nof appeal, and the exhibits. The failure of the school board to transmit the\nrecord within the time allowed shall not prejudice the rights of the grievant.\nThe court, on motion of the grievant, may issue a writ of certiorari requiring\nthe school board to transmit the record on or before a certain date. Within 10\nbusiness days of receipt by the clerk of such record, the court, sitting without\na jury, shall hear the appeal on the record transmitted by the school board and\nsuch additional evidence as may be necessary to resolve any controversy as to\nthe correctness of the record. The court, in its discretion, may receive such\nother evidence as the ends of justice require. The court may affirm the decision\nof the school board or may reverse or modify the decision. The decision of the\ncourt shall be rendered no later than the fifteenth day from the date of the\nconclusion of the hearing. Such determination of grievability shall be made\nsubsequent to the reduction of the grievance to writing but prior to any hearing\nor the right to such determination shall be deemed to have been waived.\n\nHISTORY: Code 1950, \u00a7 22-217.8:01; 1979, c. 298; 1980, c. 559; 1987, c. 97;\n2003, c. 187; 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}}