                                 CODE OF VIRGINIA

HEARING BEFORE SCHOOL BOARD, HEARING OFFICER, OR FACT-FINDING PANEL (§
22.1-311)

A. Upon a timely request for a hearing pursuant to &#xA7; 22.1-309, the school
board or, at the option of the school board, a hearing officer appointed by the
school board or a three-member fact-finding panel shall set a hearing and the
teacher shall be given at least 10 days&#8217; written notice of the time and
the place. The hearing shall be private unless the teacher requests the hearing
to be public. At the hearing the teacher may appear with or without a
representative and be heard, presenting testimony of witnesses and other
evidence. The school board may hear a recommendation for dismissal and make a
determination whether to make a recommendation to the Board of Education
regarding the teacher&#8217;s license at the same hearing or hold a separate
hearing for each action.

B. Each school board may appoint an impartial hearing officer from outside the
school division to conduct hearings pursuant to this section. A hearing officer
shall not have been involved in the recommendation of dismissal as a witness or
a representative. A hearing officer shall possess some knowledge and expertise
in public education and education law and be capable of presiding over an
administrative hearing. The hearing officer shall schedule and preside over such
hearings and shall create a record or recording of such proceedings. The hearing
officer shall make a written recommendation to the school board, a copy of which
shall be provided to the teacher. The hearing officer shall transmit the
recommendation and the record or recording of the hearing to the school board as
soon as practicable and no more than 10 business days after the hearing. In the
event of a hearing before a hearing officer, the school board may make its
decision upon the record or recording of such hearing, pursuant to &#xA7;
22.1-313, or the school board may elect to conduct a further hearing to receive
additional evidence by giving written notice of the time and place to the
teacher and the division superintendent within 10 business days after the board
receives the record or recording of the initial hearing. Such notice shall also
specify each matter to be inquired into by the school board.

C. Each school board may elect for a three-member fact-finding panel to conduct
hearings pursuant to this section. The teacher and the division superintendent
shall each select one panel member, and the two panel members so selected shall
select an impartial hearing officer to serve as the chairman of the panel. The
fact-finding panel shall schedule and preside over such hearings and shall
create a record or recording of such proceedings. The fact-finding panel shall
make a written recommendation to the school board, a copy of which shall be
provided to the teacher. The fact-finding panel shall transmit the
recommendation and the record or recording of the hearing to the school board as
soon as practicable but in no case more than 10 business days after the hearing.
In the event of a hearing before a fact-finding panel, the school board may make
its decision upon the record or recording of such hearing, pursuant to &#xA7;
22.1-313, or the school board may elect to conduct a further hearing to receive
additional evidence by giving written notice of the time and place of the
hearing to the teacher and the division superintendent within 10 business days
after the board receives the record or recording of the initial hearing. Such
notice shall also specify each matter to be inquired into by the school board.

D. A record or recording of any hearing conducted pursuant to this section shall
be made. The parties shall share the cost of the recording equally. In
proceedings concerning grievances not related to dismissal, the recording may be
dispensed with entirely by mutual consent of the parties. In such proceedings,
if the recording is not dispensed with, the two parties shall share the cost of
the recording equally; if either party requests a transcript, that party shall
bear the expense of its preparation. In cases of dismissal, the record or
recording shall be preserved for a period of six months. If the school board
requests that a transcript be made at any time prior to expiration of the
six-month period, it shall be made and copies shall be furnished to both
parties. The school board shall bear the cost of the transcription.

E. Witnesses who are employees of the school board shall be granted release time
if the hearing is held during the school day. The hearing shall be held at the
school in which most witnesses work, if feasible.

HISTORY: Code 1950, § 22-217.7; 1968, c. 691; 1976, c. 282; 1980, c. 559; 2004,
c. 1007; 2013, cc. 588, 650; 2020, c. 875.