                                 CODE OF VIRGINIA

NONRENEWAL OF CONTRACT OF PROBATIONARY TEACHER (§ 22.1-305)

A. 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 &#xA7; 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&#8217; notice
of the time and place of the conference.

B. 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&#8217;s contract. The teacher and the person or
persons who recommended the nonrenewal of the teacher&#8217;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. 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.

D. The division superintendent shall notify the teacher, in writing, of his
intention with respect to the recommendation within 10 days after the
conference.

E. 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 &#xA7; 22.1-304 requiring such notice on or
before June 15 shall not be applicable.

F. 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.

G. 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.

H. 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
&#xA7; 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.

HISTORY: Code 1950, § 22-217.4:1; 1979, c. 98; 1980, c. 559; 1999, cc. 1030,
1037; 2013, cc. 588, 650.