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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>64437</law_id><section_number>22.1-314</section_number><catch_line>Decision of school board; issue of grievability; appeal</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><structure><unit label="title" level="1" order_by="1" identifier="22.1">Education</unit><unit label="chapter" level="2" order_by="1" identifier="15">Teachers, Officers and Employees</unit><unit label="article" level="3" order_by="1" identifier="3">Grievances; Dismissal, Etc., of Teachers</unit></structure><text>
						<section><p>Decisions regarding whether or not a matter is grievable shall be made by the <span class="dictionary">school board</span> at the request of the school division administration or grievant and such decision shall be made within 10 <span class="dictionary">business days</span> of such request. The <span class="dictionary">school board</span> shall reach its decision only after allowing the school division administration and the grievant opportunity to present written or <span class="dictionary">oral arguments</span> regarding grievability. The decision as to whether the arguments shall be written or oral shall be in the discretion of the <span class="dictionary">school board</span>. Decisions of the <span class="dictionary">school board</span> may be appealed to the <span class="dictionary">circuit</span> <span class="dictionary">court</span> having <span class="dictionary">jurisdiction</span> in the school division for a <span class="dictionary">hearing</span> on the <span class="dictionary">issue</span> of grievability.
		Proceedings for review of the decision of the <span class="dictionary">school board</span> shall be instituted by filing a <span class="dictionary">notice of appeal</span> with the <span class="dictionary">school board</span> within 10 <span class="dictionary">business days</span> after the date of the decision and giving a copy thereof to all other parties. Within 10 <span class="dictionary">business days</span> thereafter, the <span class="dictionary">school board</span> shall transmit to the clerk of the <span class="dictionary">court</span> to which the appeal is taken a copy of its decision, a copy of the <span class="dictionary">notice of appeal</span>, and the exhibits. The failure of the <span class="dictionary">school board</span> to transmit the record within the time allowed shall not prejudice the rights of the grievant. The <span class="dictionary">court</span>, on <span class="dictionary">motion</span> of the grievant, may <span class="dictionary">issue</span> a <span class="dictionary">writ of certiorari</span> requiring the <span class="dictionary">school board</span> to transmit the record on or before a certain date. Within 10 <span class="dictionary">business days</span> of receipt by the clerk of such record, the <span class="dictionary">court</span>, sitting without a <span class="dictionary">jury</span>, shall hear the appeal on the record transmitted by the <span class="dictionary">school board</span> and such additional <span class="dictionary">evidence</span> as may be necessary to resolve any controversy as to the correctness of the record. The <span class="dictionary">court</span>, in its discretion, may receive such other <span class="dictionary">evidence</span> as the ends of justice require. The <span class="dictionary">court</span> may <span class="dictionary">affirm</span> the decision of the <span class="dictionary">school board</span> or may <span class="dictionary">reverse</span> or modify the decision. The decision of the <span class="dictionary">court</span> shall be rendered no later than the fifteenth <span class="dictionary">day</span> from the date of the conclusion of the <span class="dictionary">hearing</span>. Such determination of grievability shall be made subsequent to the reduction of the <span class="dictionary">grievance</span> to writing but prior to any <span class="dictionary">hearing</span> or the right to such determination shall be deemed to have been waived.</p></section></text><history>Code 1950, &#xA7; 22-217.8:01; 1979, c. 298; 1980, c. 559; 1987, c. 97; 2003, c. 187; 2013, cc. 588, 650.</history><metadata></metadata></law>
