                                 CODE OF VIRGINIA

NOTICE TO TEACHER OF RECOMMENDATION OF DISMISSAL; SCHOOL BOARD NOT TO CONSIDER
MERITS DURING NOTICE; SUPERINTENDENT REQUIRED TO PROVIDE REASONS FOR
RECOMMENDATION UPON REQUEST (§ 22.1-309)

In the event a division superintendent determines to recommend dismissal of any
teacher, written notice shall be sent to the teacher notifying him of the
proposed dismissal and informing him that within 10 business days after
receiving the notice the teacher may request a hearing before the school board
or, at the option of the local school board, a hearing officer appointed by the
school board as provided in § 22.1-311. During such 10-business-day period and
thereafter until a hearing is held in accordance with the provisions of this
section, if one is requested by the teacher, the merits of the recommendation of
the division superintendent shall not be considered, discussed or acted upon by
the school board except as provided for in this section. At the request of the
teacher, the division superintendent shall provide the reasons for the
recommendation in writing or, if the teacher prefers, in a personal interview.
In the event a teacher requests a hearing pursuant to § 22.1-311, the division
superintendent shall provide, within 10 days of the request, the teacher or his
representative with the opportunity to inspect and copy his personnel file and
all other documents relied upon in reaching the decision to recommend dismissal.
Within 10 days of the request of the division superintendent, the teacher or his
representative shall provide the division superintendent with the opportunity to
inspect and copy the documents to be offered in rebuttal to the decision to
recommend dismissal. The division superintendent and the teacher or his
representative shall be under a continuing duty to disclose and produce any
additional documents identified later which may be used in the respective
parties&#8217; cases-in-chief. The cost of copying such documents shall be paid
by the requesting party.
		For the purposes of this section, &#8220;personnel file&#8221; means any and
all memoranda, entries, or other documents included in the teacher&#8217;s file
as maintained in the central school administration office or in any file on the
teacher maintained within a school in which the teacher serves.

HISTORY: Code 1950, § 22-217.6; 1968, c. 691; 1975, c. 308; 1979, c. 298; 1980,
c. 559; 1985, c. 441; 1992, c. 679; 2013, cc. 588, 650; 2014, cc. 13, 103.