                                 CODE OF VIRGINIA

DEFINITIONS (§ 22.1-306)

As used in this article, unless the context requires a different meaning:
		&#8220;Business day&#8221; means any day that the relevant school board office
is open.
		&#8220;Day&#8221; means calendar days unless a different meaning is clearly
expressed in this article. Whenever the last day for performing an act required
by this article falls on a Saturday, Sunday, or legal holiday, the act may be
performed on the next day that is not a Saturday, Sunday, or legal holiday.
		&#8220;Dismissal&#8221; means the dismissal of any teacher during the term of
such teacher&#8217;s contract.
		&#8220;Grievance&#8221; means a complaint or dispute by a teacher relating to
his employment, including (i) disciplinary action including dismissal; (ii) the
application or interpretation of (a) personnel policies, (b) procedures, (c)
rules and regulations, (d) ordinances, and (e) statutes; (iii) acts of reprisal
against a teacher for filing or processing a grievance, participating as a
witness in any step, meeting, or hearing relating to a grievance, or serving as
a member of a fact-finding panel; and (iv) complaints of discrimination on the
basis of race, color, creed, religion, political affiliation, disability, age,
national origin, sex, pregnancy, childbirth or related medical conditions,
marital status, sexual orientation, gender identity, or military status. Each
school board shall have the exclusive right to manage the affairs and operations
of the school division. Accordingly, the term &#8220;grievance&#8221; shall not
include a complaint or dispute by a teacher relating to (a) establishment and
revision of wages or salaries, position classifications, or general benefits;
(b) suspension of a teacher or nonrenewal of the contract of a teacher who has
not achieved continuing contract status; (c) the establishment or contents of
ordinances, statutes, or personnel policies, procedures, rules, and regulations;
(d) failure to promote; (e) discharge, layoff, or suspension from duties because
of decrease in enrollment, decrease in enrollment or abolition of a particular
subject, or insufficient funding; (f) hiring, transfer, assignment, and
retention of teachers within the school division; (g) suspension from duties in
emergencies; (h) the methods, means, and personnel by which the school
division&#8217;s operations are to be carried on; or (i) coaching or
extracurricular activity sponsorship.
		While these management rights are reserved to the school board, failure to
apply, where applicable, the rules, regulations, policies, or procedures as
written or established by the school board is grievable.
		&#8220;Military status&#8221; means status as (i) a member of the uniformed
forces, as defined in 10 U.S.C. § 101(a)(5), of the United States or a reserve
component thereof named under 10 U.S.C. § 10101, (ii) a veteran as defined in
38 U.S.C. § 101(2), or (iii) a dependent as defined in 50 U.S.C. § 3911(4)
except that the support provided by the service member to the individual shall
have been provided 180 days immediately preceding an alleged action that if
proven true would constitute unlawful discrimination under this section instead
of 180 days immediately preceding an application for relief under 50 U.S.C.
Chapter 50.
		&#8220;Religion&#8221; includes any outward expression of religious faith,
including adherence to religious dressing and grooming practices and the
carrying or display of religious items or symbols.

HISTORY: Code 1950, § 22-217.5:1; 1979, c. 298; 1980, c. 559; 1981, c. 646;
1992, c. 679; 2013, cc. 588, 650; 2020, cc. 1137, 1140; 2021, Sp. Sess. I, cc.
477, 478; 2022, c. 799.